LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9171, 28 September 1888, Page 3

LAW AND POLICE.

R.M. COURT.—Thursday. [Before Dr. Giles, R.M.]

Undefended Cases. —In the following cases judgment went for plaintiffs by default :—A. McClymont v. Alex. Duthie, £9 0s 6d, costs £1 11s; S. C. Smith v. Hugh Kirk wood, £6 16s 6d, costs £1 11s; John H. Field v. Herbert William Brooke, £1 Is 6d, costs 7s ; James Bevidge v. John Summers, 11s, costs 6s ; Sir William Wasteneys v. James McCormick, £5 18s 9d, costs 10s ; Hancock and Co. v. S. F. Prockter, £17 12s 3d, costs £2 14s ; Edward E. Forde v. Edward McKeown, £3, costs £1 12s ; Harry Bennett v. Charles Thompson, £4 9s 6d ; Alfred Adams v. A. Fleming, £3 10s, costs £1 Is 6d ; Kempthorne, Prosser, and Co. v. J. W. Wade, £4 15s lid, costs 7s ; Arthur and Buddie v. H. P. Bluett, £7 18s, costs £1 12s ; A. Heather v. H. C. Powell, £58 7s 4d, costs £5 4s ; Devore and Cooper v. North New Zealand Woollen Manufacturing Company, £51 9s, costs £2 ; John Robinson Sheppard v. Mrs. Buckley, 9s, costs 6s ; Carter v. Claridge, Us 6d, costs (is; T. Macky's Trustees v. Emma E. Oake, £2Qss6d, costs £2 15s; T. Macky's Trustees v. Hector Simpson, £7 16s, costs £1 12s.

George Bailey v. Annie Arnold.—Mr. Buckland appeared for the plaintiff, and Mr. O'Meagher for the defendant. The case had been adjourned from last Thursday for the production of Mr. Bailey, who was then ill, but was now in attendance. The claim originally was for £2 4s, but defendant went to the plaintiff's office after the summons had been issued to settle, and a receipt had been made out, upon which she put down £1 4s, pocketed the receipt, and went away. Wrn. James Cook, bookkeeper for plaintiff, gave evidence to this effect. He made out the receipt for £2 7s, including costs of summons. Mr. Bailey also gave evidence. The defence was the defendant was merely acting in the capacity of an agent. The claim was for wines and beer, but witness did not know whether she was licensee of the Occidental Hotel or not. They had previous transactions with her. After hearing evidence, judgment was given for plaintiff for £1, costs £1 9s.

Foss v. Hkdger and Donald and Edenborouoh.— The claim was £5S 10s for Go kegs of beef at 18s a keg. Mr. C. E. Button and Mr. (J. X. Brassey appeared for the plaintiff, Mr. O'Meagher for the defendant (Hedger), and Mr. Tlieo. Cooper for the defendants (Messrs. Donald and Edenborough). Mr. Button opened the case for the plaintiffs, and stated that two questions were involved : (1) Whether the contract was made with Mr. Hedger or with Messrs. Donald and Edenborough ; (2) whether the meat was of good quality. It was arranged to take the evidence on the first question, and afterwards to deal with the second point. John Foss deposed that lie was the plaintiff, and had sold the beef to Mr. lledger, who told him that, he was buying it for Donald and Edenborough. In cross-examination, by Mr. Cooper, he stated that he had rendered the account to Mr. Hedger, not to Donald and Eden borough, and the price Hedger Wiis to P'iy, was 16s a keg. Hedger told him he was charging Donald and Edenborough IS?. The 2s was Hedger's profit. In cross-examination by Mr. O'Meagher, he stated that he had agreed to take the risk of payment, but had not employed Hedger as his agent to sell to Donald and Edenborough. Mr. Hedger was then examined for the plaintiff, and stated that he was acting as Foss' agent on a commission. Foss agreed to look to Donald and Edenborough. Cross-examined by Mr. Cooper : He had not told Donald and Edenborough that he had obtained the beef from Foss. He had rendered his account in his own name to Donald and Edenborough. Had received £60 from them on account of 115 kegs of beef. This included the 65 kegs. The remainder, £43 10s, was kept back because of a dispute as to quality. Ky Mr. O'Meagher : Had offered to sue Donald and Edenborough if Foss would indemnify him from loss, but Foss refused. This was the plaintiffs case on the first point. Mr. Cooper submitted that Foss had sold the beef to Hedger, and Hedger to Donald and Edenborough. Hedger was neither Foss' agent nor Donald and Edenboroughs, but there had been two separate and independent contracts made, one between Foss and Hedger, and tho other between Hedger and Donald and Edenborough. There was therefore no cause of action on the part of Foss against Donald and Edenborough. Mr. O'Meagher, for Hedger, submitted that the evidence disclosed that Hedger was agent, and therefore Foss could not sue him, but could sue Donald and Edenborough, and contended that Hedger should be dismissed from the suit. Mr. Button admitted that tiie plaintiff could not obtain judgment against both parties, and was willing to accept the decision of the Court as to which was the rightful party. His Worship held that tho contract was made by Foss and Hedger. He was of opinion that Hedger had not proved that he was Foss's agent, and he had admitted that lie was not Donald and Edenborough's. His judgment on the first point was therefore in favour of Donald and Edenborough, and they must be dismissed from the suit. Mr. Cooper applied for costs, which were fixed at £3 3s. Mr. Button said the plaintiff rested his case against Hedger on tho evidence already given, but would claim the right to call rebutting evidence if the quality of the meat was attacked. Mr. O'Meagher said he was in a difficulty on that point. Tho witnesses who could speak to the quality of the meat were on board the s.s. Richmond, and she was not in port. After discussion the case against Hed *er was adjourned for three weeks, costs of adjournment to be costs in the cause.

WARKWORTH R.M. COURT. Friday, September 21. [Before M. Angove, Esq., J. P., and 11. \V. Pulham, Esq., J.P.] Unlawfully Discharging Firearms.— A settler named John Platts, of Kamawhero, was brought up at the court-house, Warkworth, on the information of Constable Haddock, with, on the Bth of September, unlawfully discharging firearms so near to the public road as to endanger, annoy, and frighten passers-by, contrary to the Police Offences Act. 1884. Thomas Phillips, a settler at Kaurawhero, deposed : I know defendant. On the Bth of September was coming along the road near defendant's house. Saw him, and heard the report of a gun. The shot fell alongside and in front of me. I stood, turned round and and saw Platt with a gun in his hand. I went to ask him what he meant. As I got near, I heard him loading up again, when I thought it was time to move away. I kept walking, and saw him peeping round the corner of his house. As he saw me going away, ho fired at me again, and he sung out, " Old Joe, Old Joe," four or rive times. He may have thought I was my uncle passing along. I believe he was bound over to the peace towards my uncle. I have not done anything to annoy defendant. I thought we were on good terms. 1 went to his place the Monday after the Bth with the constable, when he ordered me off his premises. He said I was the cause of his boy and girl leaving him. I tried to persuade them to stay. I thought I was in danger, and was frightened when he shot at me. I am satisfied that the shot that fell about nie was from defendant's gun. I could not say there was anything besides shot in the gun. There was no cultivation between defendant and the road. It is in grass. I think I was about 100 yards from where defendant was when he fired. I saw him level the gun at me and fire. Ellen Molllroy remembered hearing a shot fired about 6 a.m. on the date named, and went to her bedroom window. She saw defendant at the end of his house, next the road, with her naked eye. She then took the glass, and saw him go round the house, and heard a second shot. The smoke went towards the creek and the road. She did not see the last witness at the time. The defendant had never shot at her. He had shot near her boys, and they were frightened to go near his place. There was no cultivation between his house and the road. Constable Haddock gave evidence of meeting Mr. Phillips, who said he had been fired at that morning by defendant when comingalongthe road. On the Monday following, went to defendant's place taking Mr. Phillips with him. Defendant ordered Phillips not to enter on his land. Witness told defendant that it was reported to him that defendant had fired at Phillips on the road. Witness asked him if he had done so, and if so, why ? He denied firing at Phillips, bub admitted having seen a man going along the road whose dress he described. He said he tired at sparrows on his cultivation. There was

no cultivation between the place where Phillips said defendant stood and the road. The line the shot travelled, as pointed out to witness, was something over 101) yards. The firearm that defendant was in possession of is some kind of rifle, and witness believed ib would throw shot a considerable distance. Defendant, in reply to the Bench, said he required an interpreter. He did not do it. He wanted the case to go to a higher court, as he stood there like a sheep or a calf. Mr. Angove : I have heard you on a former occasion give evidence, and you can speak English well enough. As this is the first case of the kind tried at this court, you will bo fined in the mitigated penalty of £2 and 24s cost?, and the court trusts it will be a warning to you. The defendant said he would consult a lawyer, and asked for a re-hearing, which the court declined to grant.—[Own Correspondent. ]

HOKIANGA R.M. COURT. September 14 and 15. [Before H. W. Bishop, Esq., R.M.]

THERE were thirty eight cases set down for hearing. The court sat till midnight on the 14th, and to a lato hour on the loth, so as to get through the cases, which were as follows : —-

W. B. Jackson v. Motu Hani : claim £10. No .appearance of defendant. Ordered to pay', full amount, with costs amounting to £1 18a, by the 31st December, or three weeks' imprisonment. Same v. Hone Paniana; claim £6 7s ; judgment summons. Ordered to pay full amount with costs, £2 3e, or two weeks in prison. Same v. Raka ; claim £5 6s 4d. Settled out of court; costs, Bs. John Bryers v. Christopher Le Noel; claim £14 8s Gd. Judgment by default; costs, £1 3n. Emile Taftnrd v. Johan Johansson ; claim £5, for damage done by defendant's pigs. After hearing the evidence, the court ordered defendant to pay £1 and costs, 15s. Mr. Read, appeared for plaintiff. J. W. Klieber v. John Cole ; claim £1 18s 6d. Judgment for plaintiff by default. A. S. Andrewes v. S. 3. Mears ; claim £4 lSs Gd. Ordered to pay full amount with costs, 14s!, Within one week, or fourteen days imprisonment. J. Wilkinson v. G. Dobson ; claim £5 13s 9d. To pay in two weeks, or two weeks' imprisonment, costs, Bs. H. R. Grover v. Noka Rawiri; claim £3 15a lid. Settled out of court; costs, £1 ss. W.N. Jarviev. ParaoneParaua; claim £7 6s 3d ; costs, £2 Qs 6d. Property Tax Commissioner v. Andrewes and Yarborough ; claim £9 9s 4d. Settled out of court; costs, 10s. H. R. Grover v. Pita Ngapera; claim £1 16s 4d. Withdrawn, costs, Is. Hapcta Henara v. Wairongoa Tohu ; claim £1 15s. Ordered to pay in one month, or ten days; costs, 6s. H. R. Grover v. W. Lomar ; claim £(5 15s 3d. Judgment for plaintiff by default. A. S. Andrewes v. George Wyatfc ; claim £5 10?. Adjourned to next court day ; costs, £2. John Webster v. William Maxwell; claim £50. Settled out of court ; costs, 15s. Flood and Martin v. E. Lennon ; claim £31 6s 2d. Adjourned ; costs, £1 3s. J. Marriner and Co. v. Rewiri Puhi; claim £5 6s 7d. Judgment for £5 2s lid; costs, £2 5s 6d. J. Marriner and Co. v. Wi Katiti : claim £6 6s Bd. Judgment for plaintiff with costs, £1 13s 6d*. W. B. Jackson v. Abner Bunijan ; claim £18 19s 6d. Withdrawn ; costs, £1 15s. J. Marriner and Co. v. Tuua; claim 14s 6d. Settled out of court; costs, 12s. Same v. Te Toe ; claim £11 14s 10d. Ordered to pay in two weeks ; costs, £1 10s. VVyatt and Jarvie v. Rameka Morunga ; claim £2 4s 3d. Settled out of court; costs, 15s. Mohi Wikitahi v. Ilipoi te Rauhou ; claim £1 12s. Adjourned till next court day. Same v. Karaka Harawe; claim £2 14s 6d. Judgment for plaintiff with costs, £1. John Bryers v. Huin Hapakuku ; claim £3 13s. Ordered to pay full amount in two weeks, or ten days' imprisonment; costs, £1 15s. Wai papa Mihaka v. Maraea Poroma ; claim £17 13s 7d. Settled out of court; costs, £1 ss. Paka Haku Hakuware v. John P. Ward ; claim £7. Judgment for defendant without costs. W. B. Jackson v. Kiki Tohu ; claim £4 18s Bd. Ordered to pay full amount with costs before the 31st of December, or two weeks' imprisonment;. costs, 13s. J. I. Phillips v.J. M. Munce; claim £7 10s. Judgment for plaintiff by default; costs, £1 3s. Pore Riwhi v. Robert Webber; claim £5. Adjourned till next court day ; costs, ISs. Makarini Ka Hui Tara v. Robert Ferguson ; claim £13 11s Id. Adjourned till next court day ; costs, 12s. J. 11. Dyer v. A. Finnagan ; claim £5. Judgment for defendant without exists. J. A. Beale v. H. Patuone ; claim £2 17s Bd. Adjourned to next court day ; costs, £1 10s. IJrnile Taffard v. J. F. Johansson ; claim £5. Judgment for plaintiff for £1 ; costs, 6s. J. Marriner and Co. v. Hone Peri ; claim £6 Ss 6d. Settled out of court. E. Keane v. C. H. Olive ; claim £15 12s 7d. Adfourned to next court day, November Bth ; costs, Bs. C. H. Olive v. Edward Keane ; claim £12 lls. Adjourned till next court day to submit one of the receipts to an expert for his opinion.—[Own Correspondent-.]