RESIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume IV, Issue 1129, 27 June 1867, Page 4

RESIDENT MAGISTRATE'S COURT.

"Wednesday. (Before Thomas Beckham, Esq., E.M., and J. O'Neill, Esq., J.P.) n. 3HOEGAN V. HOEI TAUBOA. Clain £41 Ids, value of a boat and fittings. Messrs. Weston and Wynn for tlie plaintiff: Mr. Brookfield for the defendant. Mr. Brown, acted as interpreter for both sides. This was a claim for the value of a boat and fittings wliicli it was alleged on belialf of tho plaintiff the defendant had entered into an agreement to purchase for the sum of £32, tho fittings, &c., to be paid for as extras. The defence was that the boat had been purchased by the Government, and that the transaction had afterwards been repudiated by it. Mr. Weston having briefly opened this case, Mr. Wynn called, Henry C. Burt, who deposed, that he was a waterman residing near the Wynyard Pier, and was sulliciently conversant in the native language to interpret. In November IS6C, he was requested by llori Tauroa, and by Mr. Morgan to interpret between them. The native wished to ascertain if a whale boat lying near was sold. "Witness on inquiring found that it was not, and told the native so, who then asked the price, and witness told him either £30 or £32. Plaintiff and defendant agreed about the price, which was simply for the boat as she then stood, the locker, rudder, live oars, mast, sail, yard, anchor and rope, and 0 rollocks being paid for as extras. Witness afterwards made out an account in Maori, and came down to the Mechanics' Institute with Mr. Morgan. Saw the native and gave him the account. He read it, said it was all right (account produced) and signed it. This is his signature in the account produced with the words " Kua tika," which means that the account is correct. The? native said he would come down next morning and settle it. Cross-examined by Mr. Brook lie Id : Tho native said he was going to get the money from the Government when he would pay for the Ist. He did not tell Morgan that ho was buying the boat on behalf of the Government. Henry Morgan, examined by Mr. Wynii, deposed : I sold the boat to the native himself, and was never given to understand that it was purchased for the Government. Cross-examined : I did send an account to the native office. Mr. Mackay said the matter was a private orie between me and the native. Mr. Brown came down to my yard and told mc the same. Charles De Thierry, deposed : I live in Parnell, and believe I am well acquainted with the native language. I think lam competent to interpret between a native and a European. I have no doubt about it. I first saw the plaintiff and the defendant at the Masonic hotel in the month of March last. The defendant came in with a Maori woman and askedme to interpret between.' him and the plaintiff in reference to a boat. He requested me to tell Mr. Morgan not to be vexed with him for not taking the boat. Hesaid he had been up to Ngaruawahia about land, and would take the boat. He said he had £10 in the hands of Ahipenc, £200 in the hands of Mr. Mackay, and a further sum in the Bank of New Zealand. He said he would get £10 from Ahipeue, and the balance from the bank. Nothing came of that interview. Saw plaintiff and defendant subsequently in the same month in Mr. Weston's office, Shortland-st. Defendant again said that he would pay the money, and said ho would go to the bank for it. I told the defendant that a person had ascertained that he had no money in the bank, and he said it was, perhaps, in another bank. During the whole transaction tho defendant said nothing about tho Government being a party to the purchase, but said it was a private arrangement between himself and the plaintiff.

"Mr Brown Laving interpreted tlie evidence to fir defendant, Hori Tauroa, he deposed as fallows ■ I reside at Wniuku. I remembor going ?\ ut the en .l of November to see Morgan about 3 1 iar. I spoke first. I said I had come to see p bwt. The pakeha Burt said Morgan had hoit I said let me look at the boat, and then ? r p,l the price, and Morgnn and the other "i'l-v =aid LoO. I said if the Government will to take your boat I Avill hnve her. Burke coul are you"willing to take the boat?" I said Tarn if the Government are, and showed liiru the Government letter. (Letter produced and read 83 salutations, this is to inform you that, I Irive received your letter which you wrote to "Ur Mncl;ay. requesting him to give you a boat. The 'government have consented to give you a j V|i; AVould you like the boat to bo delivered a! Onehunga, or Waiuku t" The letter *vas signed " Pollen," and directed from -'the office of the Government." I showed the letter to Morgan, and again said if the Government will agree to take her, I will have her. (account produced.) I signed the paper under the impression that the Government wouhl buy the boat. 31 r. Vfynn addressed the Court, pointing out the improbability of the Government employing the native as its" agent, in the purchase of a boat, and the fact that the native instead of repudiating lii? personal liabilitj-, and referring the plaintiff to the Government.had promised to pay for the boat, stating that he had money in the bank. llis Worship said there was no alternative but to record judgment for the plaintiff. Judgment for plaintiff accordingly, with costs £7 7s. This concluded the business, and the Court rose.