POLICE COURT.

Otago Daily Times, Issue 805, 12 September 1864, Page 5

POLICE COURT.

2nd September. (Before H. "vY. Kohinsan, Esq., R.M.) Walker and Co. v. Friend.—Claim for Ll9fc 193.6 d, Tlie defendant pleaded that his brother,

who is proprietor of an, hotel, was the p^y Ihble, himself bein<r merely a bred servant Jhe plaintiffs. Messrs Walker. Ke sail and Ste foU proved the delivery of the Rood\»»« %[£ defendant w,s at the time of their being ohtameu considered to be in jMrtDCistaP 8 JJ£££' The case had been heard a short ™B.^e™£ but 8s the claim was made against lh«"f* and WiHiam ft fend, it was dismissed a* it could lot be maintained against two separate parties. MrG L Tay'or sworn, deposed: Upon a previous occasion he obtained n judgment aeaiast Thomas Friend, who fiwore in Court that he was in partnership with his brother William. By defendant: To the best of my bejhrfyoii swore that you were a partner with William Friend. You did not state the partnership existed in a nr ning claim and not in the hotel. SgJos. Boot?), storekeeper, reiding at well remembered beinsr a witness in the ruse of Taylor v. Friend. It was heard on the lSth June Wt. Thomas Friend then stated distinctly ' tbat. he was a partner with his brother WilaamWilliam Hill Swan, deposed : Was also a witness in the c.ye of Tey.'ov v. Friend, and entirely corroborated tbe evidence of Mr Booth. The drfoftflant was then examined, and deposed : Whf-n Mr Taylor summoned and o-i----tained a judgment acaiust Mm and his brother, they were partners in a mining claim. The demand was for a horse, and had nothing to do with the hotel. Nt-v*r said that he bad an interest in the hotel, nor was ever he a partner in it; was j merely a servant. Soon after ths bofel had been opened, his brother William, the proprietor, ; whs taken i!!, and went into the Dunstan Hospital ; had cbargs of the place while he was there; was compelled in consequence to put a man ia bis place in the claim, whose wages bis brother paid while defendant had charge of tbe Iv.use. The Magistrate said that, as the evidence was so extremely , contradictory, ha would reserve bis judgment fora week. Judgment reserved accordingly. DOBBIT? V 60L0MOH. Claim for L2O, damages sustained thrbugb illegal non-fulfilment of a contract. Plaintifi sworn, depose,'! tbat on the 2nd or 3rd of May last be gave defendant's manager, who was at Cromwell, an order for some corrugated iron for a roof fov hisT building, and which iron j was never sent, and '.produced witnesses who proved that the'amount of damage claimed was i not excessive. The defendant proved that complainant owed him an amount which, he did not think it desirable to increase, which, had defendant decreased, the iron T/ould have been supplied. An agreement had been entered iuto. but it was merely an undertaking of plaintiff to take a certain amount of iron and not for its bang supplied.. The agreement was produce!, when the case was at once dismissed. MANUH3RIKTA. Mr Wayinoufii, the Secretary for the New Zealand lixtnoi ,ioa Committee, paid this place a visit on the 4th inst. After making; a short tour round tlia principal workings, and inspecting the French man's uvA Harp of Erin Company's claims, also Pr.tton and Co.'s Turbine wheel •which is working in a rapid on the Manuherikia Eiver, a meeting of a number of the principal inhabitants wss held at the Criterion Hotel, to h-'-ar an explanation from Mr Waymouth oa the subject of his roission Mr Warden Hickeon occupied the chair, and after a v^ry appropriate speech upon having the /district well represented, introduced Mr Waymouth to tbe meeiing, who explained tbe objects of the forthcoming Exhibition, as well as tho desirahili'y of the gold fields making great efforts to exhibit as many specimens of their products and mining machinery as was possible. Proposed by Mr Kennedy, seconded by Mr Sinnett, " Tiiat a Committee for carrying out tbe above o: je^fs be at once elected, and with power to add to their number."- Carried. The foil-wing gentlemen were then duly elected-.--Messrs Sampson, W. Finlay, Brown, Klein, Pontifg, Sinnett, J. Jack.Hickson, Kennedy, and Hnapple. Mr J. Jack was elected Seci-etaryjJTO tern. Mr Waymouth then replied thai, from the interest they had taken in the proceedings, he was sure they would all do their best to secure the object _in view. He was very much pleased with his visit to tbe Maauherikia, it was more interesting, •while al the s*me time more real business had been done than was the case at any other of the goldfields he had visited during his tour, and he ;. couid only reply in the words of ths late lamented Prince Albeit, who, at a meeting of the first Great Exhibition Committee said, s * Finding that you ere in earnest, and being in earnest you will be sure to succeed." A vote of thanks to the chairman terminated the proceedings.