RESIDENT MAGISTRATE’S COURT.

New Zealand Mail, Issue 691, 29 May 1885, Page 22

RESIDENT MAGISTRATE’S COURT.

Thursday, May 21. (Before Mr Wardell, R.M.) CIVIL CASES. Kinross and Co. v. Master and Owners of Kenilworth—Claim for £5, damage to kerosene. Portion of the evidence had been taken in Napier. Mr Skerrett appeared for plaintiffs ; Mr Izard for defendants. Verdict for £4, and costs. Oorlett v. Miller —Claim for £l7 12s 3d, for carting done for defendant. Mr Ed wards for plaintiff, Mr Izard, jnnr., for defendant. Verdict for £l6 19a, and £3 15s mats. Cooo'an v. Giessen —Ciaim for £l6, for clothes supplied to defendant’s son, aged 19. Verdict for defendant, with costs. Simpson v. Millis— Claim for £2 10s. £1 15s had been paid into Court. Verdict for balance with £l 3s cists Cate Bros. v. Moore —Claim for £1 Is Id, goods. Verdict for plaintiff, with 5s costs. Same v. Neill -Claim for £1 14s 7d, goods supplied. Verdict for plaintiff, with -Os costs. Cleland v. Cunningham—Claim for £5 12s lOd, on judgment summons. Mr Kirk for plaintiff. Verdict for amount claimed with costs ; in default, 14 days’ imprisonment. McLean v. Tucker—Claim for £3 7s 2d. £1 had been paid into Court. Order for the balance in two equal instalments, at intervals of 14 days ; in default, 14 days’ imprisonment. Flockton v. Weith—Claim for £2 18s 3d. Verdict for plaintiff, with 6s costs ; to be paid at the rate of 5s per month. Duthie v. Buckingham—Claim for £l4 6s 7d, goods. Verdict for plaintiff, with £1 9s costs. Davies v. Haughton—Claim for £5, amount of dishonored cheque. Mr Skerritt for plaintiff. Verdict for amount claimed, with £1 6s costs. Shelly and Webb v. Smith—Claim £1 ss, for a pair of riding pants. Verdict for plaintiff, and 10s costs. Wallace v. Hoskins—Claim for £52 13s 4d, amount of dishonored promissory note for £SO, and £2 13s 4d interest. Verdict for plaintiff, with £4 33 costs. Stewart and Co. v. Carter—Claim for £77 10s Id, due on a promissory note, dated February 23, 1881, and £24 5a lid interest. Mr Edwards for plaintiff ; Mr Jellicoe for defendant. Mrs Carter stated that she had been married to defendant in January, 1884, at Christchurch, having been a widow prior to that date. She gave the promissory note in 1881 to Stewart and Co., for timber supplied, and did not remember paying for it. To Mr Jellicoe : Had been married three times. Mr James Stewart was trustee for her second husband, James Hindge, who died about 1876. Mr Stewart remained trusteee until her present husband was appointed. It wa3 her present husband who ordered the timber for which the promissory note was given. Her husband had induced her to take the property out of the hands of the first trustee and vest it in him, for which she was very sorry, for he had robbed her. She had two cottages, which her present husband had got her to mortgage. He had turned her out of her home, and was now living in one of her cottages. Had six other houses, from which her husband received the rents, and stuck to them. Had often been asked for payment of the bill. She told Stewart and Co., that, aE her present husband received the rents, he ought to be made to pay. The property wat left by will to her nieces in England, after hei death, but they received no rentß. James Hutchen, one of the partners of Stewart & Co. stated that he bad received the promissory note, which had been dishonored, and the an count had been sent out every month. Defen dant had paid money from time to time, am witness had asked him for payment severa times. Mr Jellicoe contended that there was n< : proof of the third marriage, nor that the firsl and second husbands were dead. A tomb stone was no proof. On these grounds h claimed a nonsuit ; and further that, althougl Mr James Stewart had been trustee, no clain had been made-on defendant till a month age Mr Wardell said it seemed to him that th husband was liable for the wife’s debts. H was the existing trustee under the will V Judgment for plaintiffs, with £4 13s costf

J Carter v. Carter —Claim for £lO and retort of certain goods. Mr Skerrett for plaintiff Mr Jellicoe for defendant. A protectior order had been obtained by plaintiff againsl her husband some time ago. She stated that defendant had never given her any money foi maintenance ; she supported him and his family. The husband’s evidence was to the contrary effect, and he accused his wife ol drunkenness. After a lengthened hearing, judgment was given for the defendant, Bryant v. Schussler. —• Claim for £ls, money received by defendant on account of sale of plaintiff’s business. Verdict for amount with cosis ; execution to be stayed for fourteen days. Mr Jellicoe for plaintiff Mi Shaw for defendant. Suisted v. Till. — Claim for £l4 15s Id, arising out ol the sale of a brake. A set-off was put in by defendant, who alleged that the £33 claimed for the brake was excessive. He had purchased it from Mr McCatty, a storekeeper at the Upper Hutt, who had afterwards assigned his estate to plaintiff. Verdict for amount claimed and costs. Mr Skerrett for plaintiff ; Mr Brown for defendant. Clelaud v. Judd.—Claim for £1 43, rent. Verdict for amount and costs. Telfar v. Scott. —Claim for 153 6d, for a coat and vest. After hearing some of the evidence the case {was adjourned till Wednesday. Tuesday, May 26. (Before Mr H. S. Wardell, K.M.) wandering horses. John Smith, who did not answer to his name, was charged with being the owner ot a horse found wandering in Willls-street. Fined 5s with costs. Thomas Wilson, charged with a similar breach of the by-laws, was mulcted in a similar penalty. This defendant was also absent. Michael O’Driseoll and Thomas Wilson pleaded guilty, and were fined Is each. FURIOUS RIDING. Victor Lundquist and Timothy Clark pleaded guilty to furious ridiDg, and were fined 20s each, with costs. CHIMNEY ON FIRE. Margaret Sinclair, for allowing her chimney to catch fire, was fined £l, with 7s costs. COWS AT LARGE. Wright v. Scaramelli. The defendant was charged with having allowed nine cows and two calves to be at large on the main road at Island Bay. Mr Chapman for the prosecution, Mr Devine for the defendant. Counsel for the plaiutiff said the facts of the case were that the defendant had an acre of ground unfenced at Island Bay, which he considered sufficient for the grazing of about twenty cows. IVfr Devine submitted that there was no main road at' Island Bay which would bring the offence under the Public Offences Act. After a short discussion, his Worship said he did not feel inclined to hold, at that moment at any rate, that proof of registration was necessary, and Mr Chapman said he would produce documentary evidence later on. Evidence was then taken for the prosecution, to prove that the cattle bad been wandering on the road. Mr Chapman subsequently produced evidence of the dedication of the road, and his Worship held that that was sufficient proof of the existence of a public way. Scaramelli had no right to graze cattle on the road. Defendant was fined .10a, with costs of prosecution. STEALING A SWAG. Thoma 3 Franklyn was charged with stealing a swag containing goods, value £4 ss, the property of Alfred Cook. The accused, who was undefended, elected to be dealt wioh summarily. He pleaded guilty, been under the influence of liquor at the time he committed the offence. It appeared from the evidence that the swag in question had been left by Cook in the bar of the Pier Hotel, and was subsequently found in the prisoner’s bunk on the Arawa. Inspector Goodall handed in a letter from the Chief Officer of the Arawa, stating that Franklyn bore a very good character j and the Inspector added that the Captain also spoke in high terms of the accused’s character and conduct. Mr Wardell sentenced the accused to imprisonment until just before the departure of the Arawa from Lytteiton, explaining that, under the circumstances, he should not like to prevent Franklyn from rejoining his ship. LARCENY. Robert Daniels and Dennis Kelly, charged with larceny, were remanded till to-day. The accused’s own bail was accepted. NEGLECTED CHILDREN. Thomas Pascoe was sentenced to seven days’ imprisonment for neglecting to satisfy an order made against him for the payment of 24s per week for the support of his three children. Charles Ernest Durant was sentenced to a similar term of imprisonment for neglecting to provide for his child, Mr Wardell pointing out that the imprisonment did not relieve the accused from the arrears of maintenance. Wednesday, May 27. (Before Mr H. S. Wardell, R. M.) DRUNKENNESS. Two first offenders were fined ss. BREACH OF THE PEACE. Gus Vickers and .August Albert were brought up, charged with fighting in the bar of the Star and Garter Hotel on Tuesday. They pleaded guilty, and admitted having damaged a number of glasses. They were fined 20s each and costs for fighting, and the charge of damagiug property was withdrawn on the defendants undertaking to pay the damage. THE FIRE ON THE TERRACE. Stanislaus- Stanley, a boy of about 14, pleaded guilty to the charge of having wilfully set fire to some gorse on Aurora-terrace, on the 20th instant. Mr Fitzherbert appeared for the defendant. Constable Gleeson deposed that the. fire was only Bft away from Mr Gore’s fence. The Magistrate cautioned him, and sentenced him to be detained until the rising of the Court. ALLEGED LARCENY. Robert Daniels was charged, on remand, with having stolen some timber, of the value of 9s, the property of G. T. Waters. He pleaded not guilty. Mr Jellicoe appeared for the defendant. George Thomas Waters de- * posed that he was erecting a building at the corner of Abel Smith and t üba-streets From time to time he missed pieces of timber. In consequence of a hint received, he went tc Daniels’ yard, and found the timber there He took possession of it. Accused said h< -had received it from contractors for whom ht had been working. Thomas Hope, in the employ of Waters, deposed to having accom panied Waters to Daniels’ yard, and having recognised the timber. A good deal of tim ber had been missed from time to time. Som< fnrther evidence was taken as to the size o the timber and the accused b:

Detective Chrystal. Mr Jellicoe submitted for the defence that defendant’s children might have picked up some of the timber which was lying about. Accused, sworn, deposed that he had often stopped his children from bringing old timber over into his yard. He denied having taken any timber himself. The case was dismissed. RECEIVING STOLEN GOODS. James Kelly was brought up charged with receiving timber to the value of £2 ss, knowing the same to be stolen from G. T. Waters. Mr Sbaw appeared for the defence. The timber was missed from a building at the corner of Abel Smith-street and Cuba-street, which prosecutor had been pulling down. Thomas Oakley, one of Waters’ employes, deposed to having missed certain timber from the building he was working on. He identified the timber produced in Court, and stated that he had seen the timber in defendant’s yard. The new timber was stacked away from the old material. Detective Chrystal deposed to having visited Kelly’s yard with Waters. Kelly admitted that the timber belonged to Waters. After some further evidence, accused was committed for trial at the Supreme Court, bail being allowed, himself in £SO, with one surety of £SO. FURIOUS DRIVING. Dante Gaminosi was charged with driving at a furious rate on Lambton-quay on the Bth instant. It will be remembered that Gaminosi’s cart came into collision with a horse ridden by a man named Cameron, and injured it very severely. Mr Jellicoe appeared for the defence. Cameron and several others were examined for the prosecution. Hi 3 Worship held that defendant had been driving at a faster pace than was advisable in a thoroughfare like Lambton-quay, and inflicted a fine of 20s. EGAN V. EGAN. Some medical evidence was taken in this case. Dr W; E. Collins deposed that he remembered having treated Daniel Egan in the Hospital some two years ago. He was suffering from an ulcerated leg. The other day witness examined Egan, and found that he had a rupture. Many men worked who suffered from a rupture. He would be unqualified for any occupation requiring the lifting of heavy weights. Dr Henry, who was subpoenaed, did not appear, and the case was adjourned till 10 a.m. to-day.