POLICE COURT.—Monday.

New Zealand Herald, Volume IV, Issue 1055, 2 April 1867, Page 6

POLICE COURT. —Monday.

(Before Thomas Beckham, Esq., R.M.) UItUXKEXNICSS. Mary McLouglilin, Michael McClone, and Mary Kobinson, were punished for this offence ; The last mentioned received seven days additional, this being her third offence within twelve months. iahceny. William Henderson pleaded guilty to stealing a pair of blucher boots from the shop of Mr. Benjamin McKerras, Queen-street. Ordered to bo imprisoned for four months with hard labour. desertion. John Boltman, identified as a deserter from the 57th Begiment, was ordered to be handed over to the military authorities. VAGRANCY. Charles Stewart and John Tackabury were charged with a breach of the Vagrant Act, 18C6. Prisoners pleaded not guilty. It was disclosed in evidence that the prisoners had each a small sum in their possession when apprehended, and they were consequently remanded for further evidence. JCON-rAYIIEKT OF CITY BATES. Henry Jacobs was summoned by J. W. Diddams, Collector to the City Board of Commissioners, for non-payment of rates to the amount of £S Os lOd. Mr. Wynn appeared on behalf of the Board ; Mr. "Weston for the defendant. J. W. Diddams, deposed that the defendant had been assessed to pay rates to the amount of £4 3s dd, for a wooden building in Queen-street. The rate was struck on the 7th of January last, (rate book produced). Mr. Weston submitted that the complainant was entitled to judgment for £'■! 3s 4d only, as he had only claimed that amount in evidence.

Judgment was given lor complainant for £4 3s 4d, and a distress warrant was issued. Civil Case. noinstni' v. waite. Mr. Macdonald for plaintiff; Mr. Brooklield for defendant. This claim arose out of a case heard at the last sitting of the Hesident Magistrate's Court, at which it was preferred in the form of a set-off', but the facts not haviug been satisfactorily proved to the mind of the Court, the present plaintiff was advised to confess judgment, and bring a separate action for the set-off.

Plaintiff deposed that the defendant called on him on the 2Stli of August last, and gave an order for certain flooring at 139 and Gs per hundred, telling the plaintiff that a person named Dalton would call for the timber. Had not seen the timber delivered, but the amount claimed was still due.

Cross-examined by Mr. Brookfield : The entry of the timber to Mr. Dalton is iu my salcman's hand-writing, the entry for "J. Waite, Otaliului," is in my own. The latter entry was made a fortnight or three weeks after the first, as soon as I found the entry in the journal ill which it was written Frank Dalton, for Waite." Dalton has the counterfoil. The addition to the second entry was made at the time of making the entry itself. I was not present. I canuot remember when I first sent in the account. I met defendant on the wharf, and requested payment of the account, when the defendant said ho would pay me as soon as he could.

Thomas Hobson, plaintiff's foreman, deposed that he remembered the defendant giving an order for 700 feet of flooring boards iu the presence of Mr. lioldship. ."Remembered part of the timber being delivered to Mr. Dalton, Mr. Waito's man, and part on the wharf. Cross-examined : f do not keep a memorandum of the orders. I know the date of this order from memory. I saw the timber delivered to Ihilton on account of Waite. There entry on the 28th of August of goods, to this eflect, Waite, for Dalton." There are two entries to the following effect :—IOO feet, £2 12s 9xl, matched ; and Nov. 26th, 9 x 1-150 teet, 19s Gd, which I believe to be portions of the order given on the 2Sih of August. He-examined by Mr. Macdonald : I cannot say whether they are the same items or not. Matthew Green, formerly salesman to Mr. Holdsliip, deposed : that on the 3rd September lie delivered a quantity of flooring boards to Mr. Dalton. On the 20th OcLober delivered 510 feet to Dalton. Dalton took away the timber in Waite's cart.

Francis Dalton, deposed to having acccompnnied Mr, "Waite to the plaintiffs yard when the timber was ordered. Had taken delivery of the timber for Waite, using the defendant s cart for the purpose. The timber was used for defendant's house.

Cross-c xamined by Mr. TJrookfield : I gave the counterfoils to Mr. "Waite. I did swear last Thursday week that the handwriting now produced was mine. I swear now that it is not. The former statement was false I received 001 feet of timber in August. This is mv signature to the entry produced. It is for 501 feet received in September ; I did not receive the timber in August, the statement I have made that T did is untrue. I delivered the timber to .Mr. "Waite personally below the Triangle. 1 did not swear on Thursday week that I delivered the timber to Mr. Waite's workmen.

This was the plaintiff's ease

His "Worship called tho defendant, who deposed that he had never received a counterfoil.

To Mr. Brooldiehl: Ordered some flooring boards from Holdship, bill Dal'.on had no authority to receive any. and he never delivered an}* personally, nail uiuu-rstGOd that all accounts between him and Holdship were settled, and had received no demand for payment of the present claim until lie summoned the present plaintiff. Mr. Macdonald having addressed the Uourt, His Worship reserved judgment. This concluded the business, and the Court rose at I.:W p.m.