AUCKLAND DISTRICT COURT.

New Zealand Herald, Volume V, Issue 1299, 14 January 1868, Page 4

AUCKLAND DISTRICT COURT.

Monday, January 13. (Before His Honor Judge BccMiam.) His Honor took his seat on tho Bench at 1030 a m. diswohth v. rniLLirsoN. This case had coma before the Court ir. October last, when an order wv.s mado for tho amount of tho cla'm to brf paid iuto Court, pending the result of a chvni for compensation to be made by defendant against the Government. Mr. Hill, junr., now appeared for defendant, and stated that the applications had been made to the Government, which had declined to allow anything. He would ask that the mon«y remain in Court, pending a cross-action to be brought by defendant against tho plaintiff. Mr. Wbitaker, who appeared for the plaintiff, objected fo hi* learned fiiend's proposition. His Honor sad the ordinary course would have to be adopted. The money could be taken out, and defendant could bring bis cros* action afterwards. Judgment foe Pluntiffs. In the fo'lowiug cases judgment was given for plaintiffs:— Sequestrators: B. J. Cox, and assignees, V. M. P. Brook Geld v. E. Gibbons and Co., £23 Cs 2d, for* professional services, Mr. J. B. Russell for plaintiff; W. R. McKav v. J. Darrock, £32 4s, work and labor, Mr. Joy for plaintiff; liliza .T. Partington v. W. Rofe, £24 13s 4d, rent, Mr. Whitaker for plaintiff; Trustees Manhattie v. D. Snodgrass, £42 17b, goo.is, ifr. Sroo'.:field for plaintiff. Defended Causes. J. E. Crewe v. B. W. "Wynn, claim £ICO. Mr. "Weston far plaintiff, Mr. Broofcfield for thr defendant. Mr. Weston having opened tfce cose, called Joseph H. Crewe, publican, Howick, who deposed, that in the monlhof-Novembfir ISG2, "v'r.W; unaccompanied by Mr. Vernon called ut h:'s hotel. Mr. Wynn asked witae-a if he would u=e hi-i influence with tho YOtors for Mr. Graham in the elections. "Witness 6eid he had had so much to ai with elections and law, that he was almost ruined by them. Mr. Wynn said he would se« that witness was paid for any J expense incurred during the election. Mr. Wynn j said after that he would leave the matter tilth Mr. Teuon. Mr. Wynn said that whatever Mr. Ve- I non ordered witness was to supply, (day book produced). Inning the election witness supplied the | voters with the items comprised in three pages of tho book. Also paid the several sums to the parties mentioned; kept the acoiunts against Messrs. Wynn, Vernon, and- Colonel Peacocks separately, because it was thought desirable to show what each ordorod. Saw Mr. Wynn about a fortnight after Sir. Graham's return. Jlr. Wynn said tho Committee had not fettled up, but when it did lie would pay. Saw him again when he said he would try and get witness some money, but he was very busy. Ha never repudiated the cliim. Han supplied Mr. Wynn with a detailed account, contein'ng every item, in his own office. Cross-examined by Mr. Brookfield: Mr. Wynn has always said that the Committee would not pay. I paid several sums to parties to get their votes—to Garrott, 15s , Fits Patrick, 7s. 6J, Finch7s. 6dDunn, 10s, and McGinnis, 9s. 6d. Mr. Brookfield: That will ehow the price of Howick votes. He-examined : Major Peacock ordered me to pay Garrett. Mr. Brookfield : I s;e you have here " payment Is to Gentiles," who are they ? Witness : That is a person named Gentiles. Mr. Brookfield : I have no doubt it is all right. Bat have the policemen at Howick votes : I pee you have here " Police -station, £3 10s, brandy, whiskey, ale, and porter." Witness : They were sent to the Police Station. Cross-examination continued : I did send the account to J".'. T J r:».an'''M£ payment. Doci:mc.ifs were handed in to show that tho plaints had charged the account as supplied on the election of S. W. Wynn, and also for ditto on the Occasion of the elector of Mr. Graham. Cross-examination continued : I cent the account to Mr. Vernon because I thought he would see Mr. Wynn. Henry Vernon deposed, that Jlr. Wynn had told plaintiff that whatever or3er witness choso to give would be acknowledged. Not a word was said as to who was to pay. IS ever authori-.ed cash to be paid. Witness particularly stated that ho would not be responsible for Major Peacocfce or anyone else. (Book produced ) I only authorised the items with my Wtials attached. There is an item, £ i 10s, supplied to me, which I paid myself. _ Cross-examined by l&r. Brookfield : Did not authollse the items entered to Major Peacocke. Mary Ann Crew, wifo to the plaintiff, deposed, the refreshments under the head of K. W. Wynn were sent to hi? own house at rTowick. He himself was not there but it was kept open for voters. It was a ball or something, not a polling place- The item .horse-hire was supplied to a man named Roberts at the request of Mr. Vernon. It was to bring a voter. Mr. Wynn said when the bill was fent in against him it -would be the first paid on election accouut. Mr. Vernon saw the accounts and did not object to them. Cross-examined by Mr. Vernon : Did not sign the account under tha head of "Major Peacocke" or "Mr. Wynn." He only signed for what he had. This was the plaintiff's case. Hobert W. Wynn deposed : lam a solicitor, reBiding in Auckland. In 1562 I acted as agent in the interest of Mr. Graham. I went to Crewe's house in company witli Mi. Vernon. I asked plaintiff if he was willing fo supply the refreshments required. He demurred a little at first, and wan f ed to know how ha would be paid. Told him that a long influential committee were appointed, and there was no danger of his not being paid. .Never told him I would pay myself. Ho saw me next morning:, when 1 told him that I was simply Mr. Graham's "sqronfr, and that I would not be personally responsible for anything given on credit. I never authorised him to pay money. I told him repeatedly that anything that might be supplied would have to be charged against Mr. Graham. . I told, him after tho election that I feared there would be tome difficulty in getting the money, and promised to give what assistance I could. I am not aware that I over saw sui;h an account as has been produced until 1 received the summons. I never authorised plaintiff to send refreshments up to my private house. I bad an entertainment there on the night before the election, but the refreshments were supplied by Mr. Jamca of the Q.0.E., and a large portion of them was returned. I have never acknowledged my liability, on the contrary, I have always repudiated it. Cross-examined: Major Peacocke ■ was not a member of the committee, nor was I. Indeed I don't think there w»s a properly constituted committee. First knew the amount of tho account when I received the summons. t did not think it necessary to enquire because I did not owe anything. My repeated answer to plaintiff's application was that I would see Mr. Graham. Mr. Graham said when I applied to him that he had paid quite enough. Plaintiff once asked me to endorse a bill for £40 to pay his license. I did so but it was pimply a nwtter "of accommodation, having nothing to do with tb ; s account. I presume the bill was met, for I never heard of it since. This was the whole case. The learned counsel having addressed the Court. His Honor reserved judgment, but subsequently nonsuited the pkintiff. JIBSIB JAS. BHATJMONT V. T. JACKSON HEN. AND JUNE. Claim £100, damages. Plaintiff did not appear, and a nonßuit was recorded. SI'iARNOK 4HD WiFE V. C. mXCTOIT. Claim £71135. loi., balance of wages, ceih lent and interest.

Mr. Hesketh and Mr. Beveridge appeared for the plaintiff; Mr. Brookfield for the defendant.

This was an action to recover the sum of £40, wagea, £20, amount of cash lent, and intoreat thereon. The plaintiff's wife before marriage had been employed by the defendant as a general servant, and when defendant had become involved in difficulties had been induced to sign a deed of arrangement on the 22nd August 1865 with other creditors. Miss Campbell, in pursuance of that dead, received her dividend and Bigncd a document in the nature of a receipt. The present claim was to recover the wholo amount of the claim setting aside the deed of composition as being in the nature of a fraud. The defenoo was that tho deed of arrangemont and roempt of dividend wore virtually a good and valid release, barring any further claim on account of the sum in respect of which the dividend had been paid. Plaintiff replied to this that she had signed tho deed under the impression that it bound all the creditors, but ina«much as some of them aiterwards refused to assent to it and were paid in full tho deed was abrogated, the payment in, fu 1 ! being in the nature of a preference. His Honor reserved judgment. HENnEUSOJI AND MACFABIiINE V. JAMBS m'CLEOD.

Claim £25 17s 2d for coals sold and delivered between August Bth 1866, and July 29th 1867. Mr. Beveridge for plaintiff; Mr. J. Russell for defendant. ~,.*.•* A witness named Butcher depo?ed that 54 tons 9 cwt rud 3 qrs had been delivered daring tho period stated. . Charles Alexander, bookkeeper to plaintiffs, doposed that no objections had been made to the account until the case was brought into Court. Thomas Macfarlane, deposed, that part of tho account had boon ddivered to the defendant. Tho wholo account was twice transmitted to bim, and he admitted having roccived it. Ho never disputed tho account until now. Mr. Eussell submitted that the plaintiff must he nonsuited. There was no proof of any payments having bean made by the defendant t j reduce tho the amount from over £100 to £25. The claim was therefore actually beyond the jurisdiction of the CourtHis Honor thought the evidence was conclusive n to the balance, and gave judgment for plaintiff. ADJOURNED CASES. The following cases were adjourned : —J. Johnson v. T. Black, £4*> 8s sti, goods (one moctb) ; J. Watt v. A Eggletcn, £24 17s Gd, hire of a schooner, (o o weet) ; A. Smith v. R. Pitcairn, £84, goods, (unrs, 24th Feburary) ; T. Scott v. A Fennell, £89 16 work and labor, (nest Court day) ; T. Masefield and Co. v. E. Woolfield, £32 6s, mo'noy. lent, (next Monday) ; W. Sheraon v. J. Heron, £24', rent (next Monday) ; Masefield and Co. v. Warham Gold M'ning Company, £32 18s, goods.(next Monday). The Court adjourned until Monday next.