RESIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume V, Issue 1312, 30 January 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, Jani abt 28, 1868. (Beiore James Mackay, Esq., E.M.) DOBAN T. SNODGBAEB. This wae an adjourned case. Mr. Podd appeared for the plaintiff j Mr. Macdonald for the defendant. The facts of the case, as elicited'in evidence, were that the plaintiff vas in the employment of the defendant, a baker in Pollen-street, Sbortland, in October last. On the evening of a day in that month (the sth) plaintiff and defendant were carrying a sack of flour into the bakehouse, when, ae they came inside the door, the defendant let go his end of the Back, and the plaintiff was thus thrown upon his side against 6 flour trough and four cf his libs broken. T>oran -was so far hurt that he had to go into the Provincial "Hospital, and could not follow hie f mployment for fire or six weeks. Evidence was called to show that the defendant was labouring under excitement from, drink at the time of the occurrence. Tor the defence, the defendant, David Snodgrase was called, and he denied that he tvas drunk at the time. He bad discharged Doran, the plnintiff that day before the accident Dornn had volunteered hie assistance, and was told that he was not wanted. Doran was at ih:a time Btanding near the trough, and as defendant was lifting the B&ck of flour, the sack fell over, and fell against the plaintiff. 'Ihe defendant alleged positively that the plaintiff was at. this time " not quite Eober."

The judgment of the Court was that there was no doubt that the plaintiff had suffered a certain amount of ii jury by the act of the defendant, but it was not proved that that act was either wilful or negligent on the part of the defendant. The plaintiff was, therefore, nonsuited. OEaRBNCE hooper v. ISAAC A. HAERISOur. Judgment confessed ; the amount to be paid at the rate of ten shillings a week. GEO. GILES V. JAS. WOOD. Defendant did not appear, and aa there was no proper affidavit that the summons had been duly served, the case was adjourned to the 1 lth February. •ROBERT DTTKB OI.OVBK. V. JAS. DE HTBSCB". In this case there wae a eet-off, but the account had not been rendered in due time. The defendant confessed judgment, and prayed that execution be stayed until the cross-action could be brought. The Court granted the application. TSO. MURPHY V. CAPr. SKON. In this case the defendant appeared byhis counia , Mr. Macdonald, and the case was adjoined until the 4th February. WARDEN'S COTJBT. (Before Jas. Mackay, Ksq., jun., K.M. and Civil Commijeionef) Tuesday, January 28. JNO. CONSTANTTNB V. DAKTBL BABRY. In this case the complainant had engaged the defendant to work a three-quarter share in the Norweigian Claim, Moanataira Creek. Complainant now sued for the illegal occupation of the threequarter ehare, and for the recovery of the same. The allegation for the defence was, that the complainant had been living with, the defendant and others, and the money alleged to have been paid on account of wages was not so paid, but was paid as & part of a debt ineurred. Charles Brady, a minor, was called as a witness, and stated that the complainant, Cosstantine, had stated that the defendant was engaged by him to work the share. Defendant, being called, stated that on the night of the 13ih instant, complainant had come to him and listed him to work the share for him. He did not then agree to work the ehare, but said he would see him in the morning. In the morning no money was i aid on account of wages, and no money was paid to him by the complainant, as alleged by him, except aa money on account of his keep, and for a miner's supplied by the party. In reply to the Court, the defendant etated that the I'laim would pay wagee. Jamo3 Craig, deposed to being present when the payment alleged to have been made by the complainant was made. Saw Conetantine change a £1 note, and give the change to Daniel Barry. No word was said as to what the m'mey was for, but previously complainant had promised to pay a pound to witness, and one of hie [ mate* named MoMauees. • Judgment for the plaintiff. Mr. Macdonald applied for wages during the time the defendant worked, but the Court refustd to give the wages. JOHN BUTT V C. J. BTOKB. This ca«ewae iidjonrnedby ooneenttoTueedaynext. JjAXID AND PAKTT V PEBTCIf ABB SARIT. In thin ca"o Mr. Dodd made an application for a uew trial. The case was allowed to stand over. IHK RIGHT OF ROAD THROUGH A CLAIM. Aβ the Court was about to rise, Mr. Samuel Hamilton, Air- W. A. Hunt, Mr. W. Bowe, Captain Butt and others well-known as being interested in the three first claims oti the Kuranui, apperaed in Court, tiiul etated that they were awaiting th« ieplv of the Coromisfiiner to a memorial presented to him with re r erenoe to a tramway through Hamilton's and Robert's clnime, for the convenience of Hunt's »nd Barry's. The Commissioner read the ducum-nt aloud, and it appeared that while Meeera: Hunt and Co. and the Kuranui Company were anxious to huve a tramway, the two shareholders in Hamilton's (Harailton himself and Jehnny Williams hi* mare) opposed the tramway, and were backed by thirty-four of the eharohnldere in the All Nations' Humewar.i Bound, Onldwnrthy'e, and other claims up th« Orrek. The Commissioner then stated that he would hear the case on the ground in on hour. On soing to the ground I fou'd a large muster of men from the np;>T claims. Mr. Mackay then called the pnrtie- before him, and Mr. Hamilton and hia parti.e.. '■.:;•. Dold for the Kuranui Company. Mr Kowe Captain Butt and others took part in the die-cuii-ion which ensued. Mr. Maokay having tlu Hvicte-C'- pro. and eon. gave tho following deciion:—: lmt there should be, according to the letter an.l spirit oi seetiou ]S&. 11 of the Rulea and BegUln.tv.su.- of tbo Gold-Gel i«, a public rond on a line to ho pit. !■■:(! nut and murked by the gold-fields Burvevor, but that swiy ohm or party wanting a tramjrj or o'her roiid, must make their own arrangement- W! h the holdrr« of the claims through which ' jt. ■ a- '■■-■ pai->, and pay for tn&seuneif necessary.

1 WeIiIiINGTON-STBBET LITBBABY ABSOCTATTOIT, i —The above Association will meet this evening, at half-past 7 o'clock, when a paper will be read by one of the members. A Provincial Government Gazette was pub. lished yesterday, and contains an addition to the Queen-street Wharf Begulations, to the effect that vessels hauling alongside the wharf must provide a suitable gangway, not less than thirty inches in width, for landing passengers. The Gazette contains also a schedule of town and suburban lands in Onehunga, Puni, and Parnell, which" will be offered for sale on the 2nd day of March next, at the Waste Lands Office. Notice also appears of the alteration of the Highway district of Whakapaku and Mongonm, and an. assessment roll for the district of .East Tamaki. Financial Eefobh.—A public meeting is convened to be held in the Presbyterian schoolroom, Parnell, to-morrow evening, at 7.30 o'clock, to consider the question of financial reform. Major Heaphy, V.C., M.G.A., will take the chair. . Fusiors Dbiving.—A rather serious accident, occasioned by furious driving occurred to Mr. Alexander Fleming yesterday afternoon. While coming into town along the Kyber Pass Eoad, a vehicle driven, furiously along struck Mr. Fleming in the back, rolled him over into the ditch, and severely crippled him. Pγ. Stratford was called in, and found that the integuments of the knee were much injured. Ceicket.—Sundry ■" scratch" matches at cricket were played yesterday at the back ot All Saints' Church, Ponsonby Hoad. The ground was not in good order, and considerable regret was expressed at the misunderstanding which has deprived the clubs of the occasional use, " by permission," of the ground on the barrack green. Nobth Shobe.—A considerable number of people visited this favourite resort yesterday. The anniversary festival of the Catholic" children was held at St. Mary's College, but we are obliged to hold over our report until to-morrow. Labcent. —Two men, named Francis Doran and John Williams, were apprehended last night by Detective O'Hara, on the charge of stealing clothing from the schooner Hercules. Police. —There was no sitting of the Police Court yesterday, though as no notice had_ been given of the fact, the solicitors retained in the case of S. E. O'Dell, and a considerable number of the public, attended at the Court Hcc.se until 11 o'clock.

Newtok Congeegationai. Chtjbch. — Annual Soiebe.— The annual soiree in connection with the above place of worship was held in the church, last evening. The attendance was very numerous and an excellent tea was proTided, the following ladies furnishing and presiding over the trays : — Mesdames Booker, <£Black, Fisher, Baxter, Wood, Caldicutt, Elliott, Lowe, and, the Misses Chapman, and Baldock. she church was very neatly decorated with evergreens, banners, &c. Tea being over, the company re-assembled, and after prayer by the Eev. A. Dean, the proceedings were commenced by the choir singing the anthem—" God be merciful." His Honor the Superintendent occupied the chair, and in his passing remarks referred to the depression existing in the province. He also remarked that in past years' he had seen circumI stances far less promising, but just when i adversity appeared to be at its climax, prosperity gradually dawned upon them. He urged them to persevere in the cause of the people, and if true to themselves, success would ! be certain. The Kev. Mr. Booker spoke gratefully of the support that had always been received from the congregation since the establishment of that Church. He expressed his thanks to the representatives of the various congregations for their attendance. He was not able, he reI gretted to say, to present a very glowing financial account, but in such times as these if they suceeded in holding their own it ought to be considered a great deal. The congregation, had always contributed to the best of its ability. They were somewhat in arrears with their interest, and there was the debt owing on the church, amounting to £50, which must shortly be met. In order to meet that collecting cards had been issued, and he hoped it would be liquidated in a few weeks, and contributions would be gladly received by the collectors. The Eev. P. H. Cornford, J. T. W. Davies, J. Deane, and other gentlemen also addressed the meeting. The choir, ably assisted by Messrs. Austin, Brett, and Bridson, rendered several choice anthems, and solo 3 among which Mr. Austin sang "He was despised and rejected." Mr. Brett sang, " Arm, arm, ye brave," being ably accompanied on the harmonium by Mr. Lambert. It was also expected that Mr. Westmoreland would have been present, but at the last moment his duties had to be taken up by Mr. Austin, who supplied the deficiency in such a manner as certainly to leave the company no cause to regret th» change. The proceedings terminated with the doxology.