MAGISTRATE'S COURT.

New Zealand Herald, Volume XLIX, Issue 15131, 23 October 1912, Page 5

MAGISTRATE'S COURT.

CONFLICTING EVIDENCE.

In- the Magistrate's Court yesterday, before Mr. C. C. Kettle, S.M., John Graham claimed the sum of £26 10s from William A. Barron, alleging the money to be duo as wages while in the defendant's employ. The plaintiff, as to whose sobriety there were doubts, when he was before the Court to give his evidence on a previous ] occasion in connection with this case, stated that this time he was sober. He alleged that the defendant engaged 'him on .the Ellerslie a acecourse, -to train . and • generally look after several horses. The defendant, he stated, had paid him various small sums at different times, and the sum. he was now claiming represented the balance of wages due at the rate of 30s a week. The plaintiff produced a note-book containing entries of the amounts paid by defendant to him. This book he swore 1 was filled in at the time of each payment.

The defendant also produced a notebook in which he had entered payments when made to the plaintiff. This book he also swore he always filFed in on the same day as the payments were made. None of the entries in the books produced by the plaintiff and defendant corresponded in particulars of date or amount of payment. Both the plaintiff and the defendant repeatedly .swore to the accuracy of their entries and that they were made at the time of payment. Mr. Kettle said that one of them, he could not say which', must be committing the most diabolical perjury. Under the circumstances he would nonsuit the plaintiff, without awarding any costs. The two books he ordered .to be impounded by the Court.

UNDEFENDED CASES. Judgment for the plaintiffs with costs were awarded in each of the following undefended cases:—Winstone, Ltd. v. L. Kimberlev (Ararima Valley), £12; Same v. W. Gray (Shortland-5t.),.. £7 12s Id; V. C. Parsons v. J. Armstrong (Mount Albert), £3; Phillips and Impey v.. A. H. Kempthome (Opotiki), £44 17s Id ; Thompson Bros. v. George A. James (Pol-len-street), £32 12s 7d; Emanual Bros. v. Percy G. Andrew (Gisborne), £15 6s; G. J. Saunders v. H. De Vera Hunt (Taumarunui), 18s 8d ; John Burns and Co. v. A. W. McNair (Riverhead), £3 15s 7d ; Craifr and Sharp v. B. Hay ward (Whangarei), £2 4s 6d: A. Bohn and Co. v, A. T. W. Allan (New Lynn), £3 3s 5d : Same v. H. Denver (New Lynn), £3 2s 6d; Byron Spnire v. E. A. Forrest (Blenheim), £1 ss: F. Jagger and Co. v. T. W. Chiplin (Pukekohe). £40 9s 4d ; R. A. Singer v. J. Evan (Auckland), £2: H. M. Smeeton, Ltd. v. P. J. McGrath (Kaihu), £10 15s lid ; Paul Bock and Co. v. J. R. Barley (Wellington), £1 5s 8d; Briscoe and Co.. Ltd. v. F. Sullivan (Waipiro Bay), £32 18s 8d: Sarah Kohn v. Hugh Duffin(Wyndham-street). ;£3 5s ; Chandler and Co., Ltd. v. Bromley Hill (Dannevirke), £25; J. Bossad v. J. Robinson (Svmonds-street). £1 Is 6d : Salinson Bros. Ltd. v. P. E. Sallen (Napier-street). £11 Is 5d ; Knight, Steggall and Co. v. A. Wilkinson (W.aipu). £109 13s 6(] : Same v. W. Wiggins (St. Helliers), £3 Is 113 ; Same v. D. Fotherineham (To Kopuni), £25 3s Id: Auckland Sailors' Home v. R. Nowgren (s.s. Mokoia), £2 18s; E. Savers v. A. Kronberg (Victori -street), _£9 9s 2d ; Scansie and Co. v. Ivan Kosovich (Waiharahara), £15 12s.