LAW AND POUCH.

New Zealand Herald, Volume XXXII, Issue 10008, 20 December 1895, Page 3

LAW AND POUCH.

MAGISTRATE'S COURT.-Titorsday. (Before Mr. 11. W Northcroft, S.M.I Undefended Judgment for plaintiffs with costs was given in the following eases:—Kauri Timber Company v. John Black, £4 18s 9d, costs £1 3s; Harry Moody v. CI. K. White, £12 7s lOd, costs £1 2s; William Thompson v. William Low, £10 Us, costs £1 His fid; ,J. G. Swan v. John Kennedy, to, costs £1 Is fid; F, J. Cooper v. John Bayliss, 14s, costs Gs; Ross and Ansenne v. George B. Warnian, £13 4s lid, costs £1 IBs fid; J. L. Campbell v. G. S. Clayton, £5, costs £1 5s Gd; Sharp and Co. v. W. J. McLean, £40 15s, costs £3 Is; W. S. Laurie and Co. v. Janws Dykes, £12 lGs Gd, costs £2 Is Gd. A Citoss-coi'NTRY Ridkr —This was a case in which Donald McKinnon, a cross-country rider, sought to recover the sum of £6 from one John Boyle, alleged to have been owed him for riding the steeplechase horse in the Great Northern Steeplechase, in June last, at Kllerslie. The money was due, McKinnon pointed out, under the rules of the A.R.C. The defendant claimed that a spocial arrangement had boon entered upon between himself ami plaintiff, viz., that in the event of a win, McKinnon was to receive the sum of £100, and in the case of a losing mount, £4. On that understanding McKinnon had already been paid, as he had, at the request of McKinnon, invested the sum of £4 on the race in question, therefore nothing was due. His Worship, in summing up the evidence, said it was evidently a question as to whether or not the £4 had been invested on the totalisator by lioyle on behalf of the jockey McKinuon, and in his opinion such had not been the case. Although Boyle had evidently invested the sum of £14, there was nothing to show that £4 had been invested on behalf of the rider, whom he considered entitled to the sum of £4. Boyle was accordingly ordered to pay the sum of £4 due to McKinnon, and costs, £3 13s. Claim for Loss asp Damages.— this case, Joshua Cursed, a settler residing at Avondale, sued Messrs. Stone Brothers and the Auckland Harbour Board eoujoiutly for the loss of a sprayer. The plaintiff was represented by Air. Brookfield, Messrs. Stone Brothers by Mr. S. Hesketh, and the Harbour Board by Mr. McVeigh. The value of the sprayer and incouvcnience cause by its loss, was set down by the plaintiff at £(i 13s 4d. From tho evidence it appeared that Mr. Garsed authorised Messrs, Stone Brothers to pass the entries and bring the case in question, for which the said Company were to receive a nominal fee. The case was placed ill the Harbour Board shed on the 20th Sept., and on the following Tuesday, between the hours of 12 noon and 1 p.m., was found missing. The question that arose was as to whether the Auckland Harbour Board or Messrs. Stone Brothers were liable for the amount of the damages. The Court was adjourned at 5 p.m., the ease to come up for further hearing next morning.

POLICE -Thursday. [Before Messrs. J. Parage awl Clements, J.P.'.i.] Drunkenness.—Robt. Batcnian was fined 10s, with the option of 48 hours': and Johu Morrison was similarly dealt with. Larceny.—Mary Ross, alias Mitchell, was charged with stealing one tablecloth, valued at 10% the property of James Hawkins, of the Empire Hotel, and pleaded not guilty. After hearing the evidence of two witnesses, and Acting-Detective Bailey, the Bench sentenced the woman to 14 days' imprisonment. By-laws.— Monaghan pleaded guilty to having driven a vehicle round a street corner at other than a walking pace, and was fined as, with costs 7s. Alleged Assault.—Emanuel Wellington, a coloured man, was charged with having assaulted Jacob Harry Campbell, on board the ship Borrowdale, on Saturday last. Mr. T. Cotter appeared for the complainant. Accused was undefended, and pleaded not guilty. From the evidence it appeared that the ship was acting as flagship at the Ponsonby Regatta, and in the evening Campbell, who is the boatswain, ordered the accused, a seaman, to take the flaps down. The prosecution allegod that the accused then refused, and made use of insulting language ; and also intimidated the boatswain. This was denied by the accused and another seaman. The Bench considered that an offeniM had boon committed, and imposed a fine of (is, with the option of peven days' imprisonmeat. Adjourned. — The case of William A. Burton, charged with a breach of the Destitute Persons Act, was adjourned till the 21st instant. [Before Mr. H. W. Northcroft, S.M. 1 Larceny.-Charles Barnes, remanded yesterday on a charge of stealing £4 in notes, the properly of Peter McUrath. VictoriaStreet, on December 10, was again brought before His Worship. Mr. Northcroft said he was of opinion, after having considered the evidence and visited the shop, that the accused had committed the theft. He would not send him to gaol, however, but would adjourn tlifi cjisb until next Saturday, for the Probation Officer to report on.