RESIDENT MAGISTRATE'S COURT. MONDAY, SEPTEMBER 22

Otago Daily Times, Issue 237, 23 September 1862, Page 4

RESIDENT MAGISTRATE'S COURT. MONDAY, SEPTEMBER 22

(Before A. C. Strode, Esq., R.M.) n-DifY?K KirKl 8- ioha Xin S> ■*■ Majnn, and Richard Mile«, charged witn drunkenness, were dis-TOi-setl vith 4 caution, as they had been in custody since Saturday nisrht. William Kelly, charged with assauifciog Constable deary, was. also dismissed, as it appeared that the officer had unnecessarily interfered with him, and he had been iv custody since Saturday night :-•-■..-■ X'hakgb of ,*. Forgery.--— Henry Coombe was charged; on remand, with forging and uttering a cheque for LSO. The ledger-keeper and teller at tha Bank of New Zed? nd, identified the prisoner as'-the person who presented at the hank a cheque for LBO, siemed Comterand Bonglas,* and dated 30th June, 1862. They believed the signature to be a forgery. Sub-Inspector Weldon asked for a further remand as, from the distance at which Messrs. Comber and Douglas lived from Dnnedin, no one representing them bad been able to arrive hers. The accused was remanded for a week, to be brought up earlier if the necessary witnesses should arrive. .Charge of Hobse-stiaxixg.—Edward Welch was charged with having", on or about the 2Tth August, sto.en a horse belonging to John Graham. The complainant, who is veil known as" the postman" stated that about March last he turned oat, in the neighborhood of Dunedin, a brown gelding, branded J._\ .' on the near shoulder, he thoaght: very high in the wether, hurt a little by the saddle, and wanted two teeth. He had never sold the horse, or given the axused any authority to take charge of it. John Pearson stated that he lived at Stlverstream, North Taien. About three weeks ago he saw the prisoner take.away a horse which had been running there some t«ro or three months. He took it to Ban's public-house. The prisoner asked him to help to catch the horse, saying that it belonged to' Tom MiUs. He replied that he did not think it was llilesrs; but the prisoner rejoined, " Oh, yes it is; I know the horse w*U cnouch." John-Ban- stated that the horse brought to his house by the prisoner was bi-anded and marked as described fey Graham The prisoner told him (Barr) that the horse belonged to Mr. Miles, ana-that he was taking it in. %c rode it away. Pub-Inspector Weldon asked fora remand. He should be able to prove that the horse was taken to the Abbeyleix Stables and sold to two men who were going to the diggings. The magistrate granted the remand: but declined to consider at present, an application for bail which was made by Mr Ward.

CIVIL CASE 3. R. C. Luseombs v. John Crate.—The plaintiff, for whom Mr Haggett appeared, -claimed £20, his case being as follows :^-On the 3rd inst he sold by auction, on the wharf, a quantity of palmes. The deSrf-^ 5? Pre;ent» and boueht to the amount of ±,199 los 9d; but when applied to a few days after to remove the paling?, he refasej, saying that he knew nothing wnateve? 01 the matter. Notice was given to taat unless he took delivery the palings would be re-sold at lus risk; and as he failed to do so they were sold, realising £IGI Is 3d, or £33 14s 6d lesa^ than on the first occasion. The plaintiff was sacrificing nearly £20 rather than wait for ferial in the Supreme Court.. The plaintiff, in the course of his evidence said that he induced the defendant to purchase the palings. He said, Mr. Crate, these palings will certainly be worth" a great deal more a fey months hena;; you had "better buy them and we will take voar bill." The defendant then made bids, and agreed to take the first lot which had been bought in. By Mr. Ward (for the uefendant)—He had rendered account sales to his principal and was liable for the.£l99. He had really sold the paJings a second time, but they had not been paid for or aeeepted; he would not accept the purchaser's.bill. He (the plaintiff) still held the paliDg? Mr. John Bird stated that he was at the sale with the p!aintiff. He entered the defendant's name as purchaser of the palings, and he believed that Crate bad really bought them. Mr. 0. H. Gillies, the consignee of the pa'Jngs, said that tha defendant unmistaksably "bid out for those that were knocked down ta him. He told the defendant that he woi^d take a three months' bill for the amount, and the defendant agreed. By Mr. WardUndoubtedly lie held the plaintiff liable for the amount of the original sale. In fact the palings were not yet sold. y 8 The defendant's account was that ha went to the rale only because the plaintiff several times asked aim to go and "give him a lift." There was a perfect uuderstandmjrthat be was to act as "dummy " to secure the pa'ings not going at a pries be!ow the reserve.

By Mr. Haggett: He had put his name to the bill of D yerson, tne person who bought at the second k'M&i a 7™ °n TOnditioa~that the palings should be handed over to him, and it was agreed to be ' without urejudice." *" hi Mti, E/^ e fj^ftobA that the plaintiff had told himi that the deieadant did not bid at the sale- but that a? he-nras getting down from the pile he asked the defendant to take the palings, and the defendant agreei.

Mr. Smith, who was present at the sale, said • that the nominal price of the palings exceeded the retail price at the time ; and although they wer« knocifd down to the defendant, he (Smith) r4arded the matter as " male up between them " The Magistrate said that he was under tie impression that the (lcendaut acted simply as a " dummy" at the w 664 t. Lereto by the requests of the "plaintiff. He heldthst there was no bond fide sale, and should dismiss the case.

Wiiliam Morrison v. Andrew Murray.—The plamtiffca'medLs for loss of time and damages SonseFargieand others v. Somers.—Judgment for LlO

mSi?*?*! 1?" VV J°h? P- 6—Tbe **ndant admitted that he hj«i borrowed L 3 from the plaintiff, but he said that he sent the amount to the Waitahuna Post-office as agreeJ between th<;m. The plaintiff said that lie h»A several times applied at the Postoffice, but was toM. that there was no letter for Mm. Std nSthra?lav S mOaat uf G tf^lj-dtJ^rA claimforL7 Judgments by default were given ia the following g&l for iron work; Clarldtte Dawsan T^J^seph Hsnlmjv, L2O for a month's rent of a billiard room ■ M Lean and others v. Gordon and Rankin, LlO 3* for wines and spirits; W. Legsatt v. Maha<na. a naUv^commonly known as Mason, 135 18* 9d find K^lSSft 112 l0S; Keo£eU aad - Dismissed, there being no appearance—John and Gordon; S. Dorman v7j£

f«™DdJ ew?'f anr? v- J««n Brown,—This was an informabon cbprginj, that the defendant, whokeepsa boardiug-house m Great King street, did, on thelft J nst., stll several glasses of s P iri4 he not beice iicenwd. The case was adjonrnedfbr a£v af summoos not having been served untU Satur^even-

English, Scottish, Axn Australia?! Char I * W(?£ S^e judgment in the case of been effected. The Viee-Chanceilor, ta the coura?tf an ela^ra-e judgment, held that ft* cMnf ofi* pkuntiife which sought to estrftofrVtaS for aH gSiilil renscg for a certain specified p&rf mniW t£ S gobationsfor amalgamation; VStol^thS' pened) no amalgamation was effected, theSl £$" ters between the two companies would be redif £ sffsr3S2KK-.-' JSSft*2M3 S? R Rlchard Mayne in a "Fix" Th* i- * had to pass one by one aS aT4f\ Llch *-be PPOPIe moment; pinijuin^ hhTfr, fh» f i^ m downin a mmmm pratestations ml^Un^ rt Tf °nly 0U released from the 3S2Sflf Sf 6 y^^^J Court Journal clutc{ies « % commisaonaire.--.