RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 33, 30 May 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. Before T. W. Parker, Esq., 11.M. SAME OLD DRUNK. John M'Kiuly was charged with being drunk and disorderly. Constable Moroney slated that he was found in a boarding-house, and would not be quiet. He put him in the back yard ; but Mr. M'Kinley did not like the accommodation provided, so Mr. Moroney took Government lodgings for him. Mr. Parker : I think I have seen you before. You were here 011 the 28th, and promised not to appear in Court again. I line you 40s. or ten days. Mr. M'Kinly had not the wherewithal, so he accepted an official appointment for ten days. A STRA>"GE CASE. E. Davis v. Grant.—An action to recover damages, £45, for detention of a mare and foal.

Mr. o'Meagher for plaintiff, and Mr. Hislop for defendant. The defendant did not appear. Mr. Hislop handed in a medical certificate from Dr. De Lautour to the effect that he was unable to attend. The defendant keeps an accommodation house, holding bush license, near Oamarama. Plaintiff is a shepherd. When plaintiff entered the house lie had three cheques — one for £<>, one for £9, and one for £ls. Plaintiff' had two or three drinks. First whisky lie had was not the same colour as the other two. He became very sick, and had pains in the leg, and commenced to vomit. He thinks he was drugged. He was unconscious for several days, and he remembers, when recovering, Grant offering him a sale note for a mare and saddle and bridle. The plaintiff signed a sale note, but received no money. When Davis got better, he said lie wanted to settle up. Grant went inside, and handed Davis £l, which was all that was corning to him on £3O in cheques, and the price of the mare and foal. The plaintiff declares that. he gave the two cheques to O'Meagher stated that the plaintiff for the detention of the mare

The defendant states that he paid for them, and refused-to give them up. The learned counsel on the other side admitted the demahu. r Edgar Davis, plaintiff, being sworn, saiu : I am a shepherd, I know defendant Grant and James Keith. I remember on the 7th April going to Grant's, in company with Keith. I had a£9 cheque, a£G cheque, and a £ls cheque, and some odd money, in my pocket. I had a mare and foal, saddle and bridle. The £ls cheque was drawn by Sutton Bros., the £9 one by Mr. Gibson, and £G by Mr. Dick. I went to Grant's about nine o'clock in the morning. I called in at Grant's, which is about a quarter of a mile from the station. Keith held the mare. I went into Grant's bedroom. He asked me to have a drink. Mrs. Grant brought it. I asked for whiskey. The whiskey was like milk in colour. After I had drank the first one, he said he would have another one. The whiskey Grant drank was not like mine in colour. The second drink was the same colour. Grant poured his out of one bottle and mine out of another. His was of a bright colour. Ten minutes elapsed between the° drink a. After the second I began to feel sick. I said, "Grant, I feel awful bad." He said, ' ; You don't look well. You had better stop." I was going out to Keith, to go on to Rugged Ridges, when Grant asked me to have another to put me right. I had all the drink in his bedroom. After the third drink I got stupid. I asked him what made the difference in the colour of the whisky. He said what I got was better whisky than his. I was vomiting outside the door, and could not stand. I had cramp in t'ne stomach, anil pains in my legs. I told Keith I was too ill to go on that day, and gave him my pocket-book, containing a cheque for £ls, drawn by Sutton Brothers. I had the other cheques in my waistcoatpocket. Keith went away. Grant ordered the mare to be put in the stable. I felt bad all day. He brought me stuff which he said was mediciue. He said he felt '•Something in the same way." The medicine looked like wine. I don't know much about the taste of wine. It was mild wine. I was put to l;ed, my feet put in hot water, and flannels across my stomach. I asked Grant to send for a medical man. lie said, " You don't want to send eighty miles for a doctor ; we'll get you round." I was five and a-half days at Grant's altogether. The first and -second day I was in bed. Grant sat up most part of one night with me. M'l3ain sat up with mo also. I gave Grant the £9 cheque in the morning to change after the second drink. He said I owed hini ss. (id. He promised to give me the change " by-and-bye." He gave me two or three half-crowns, and promised the change by-and-bye. I don't remember getting any other change from the £9 cheque. A day or two after I had no change, and gave Grant the £6 cheque. I had spent the three halfcrowns, and liad no money. The second morning I got up at eleven, and had no moncv in my pocket. The £o I had in notes I spent; at leash, I suppose T did. When I cashed the £6 cheque. iVuoutod for the lot. He brought in the drinks, and promised the change- •'by-and-bye." He gave me some silver. He "wrote out a receipt for mare and foal. I can't say on what day it was. He said he had bought the mare and?foal, which cost me £35. . On the day I was going to leave, Grant said that Johnny Grant had found the pocket-book, avid asked me to shout on the strength of it. 1 asked what was in the l.iocketjjpok.-" He said, it con;t:ihi<^Via:. fibV'&niqite. We had the drinks, ' 'and-he'said-.he wouid. give me change out of the clioque "by-and-bye." (Laughter.) I never saw any more of the cheque. When I was leaving, I said, "I must not stop here any longer. Tret's settle ui>." He went in-

side, aiiil said, "There is £L coming to yon." I took the £1 and left. He had taken the mare and foal array. Grant told me he had bought the mare for £2S. [Left sitting.]