RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 4010, 23 December 1874, Page 4

RESIDENT MAGISTRATE'S COURT.

(Before T. Birch, Esq., and E. ff. Ward, Esq., J.P.Is.J Drunkkxsess.—John Gibb was fined ss, in default; 24 hoars' imprisonment, for drunk and disorderly conrduct. OrrsKSiVE Language.—Margaret Miller, a coloure* woman, was sununoned by the Police for using obscene language, and ordered to pay a. penalty of 20s, andE costs. Dangerous Practices —Archibald Cameron was fined 5s and costs, for discharging a fowling p&ce in a public street; and J. T. Chaplin was reprimanded and ordered to pay a penalty of 10s and costs, for-breaking-young horses in the public street. • A host of minorbreaches of the bye-laws were dealt with.1 Pawnbrokers' ticKNßßS.—Reuben Hart, and R. \K. Harks wore both granted pawnbrokers'1 licenses on. application. '

: ' CIVIL CASES. (Before J. Bathgate, Esq., R.M.) Williams v. Carrick.—Claim of 17s UM, subscripts™ to the Guardian newspaper. The answer was not indebted. Mr Barton for defendant. The plaintiff deposed that he was arunner to th* Guardian, anil delivered the copies at the defendant residence. Flaitttiff did not make a contract with, defendant; the owl«sr to deliver the paper came frota the Guardian office. It was communicated to him by the publisher* Whew he sent defendant in his account, defendantlefused: t» pay it, sayinit "that he was entitled to a tree copy *s a reporter. Witness then saw Mir Learyoi* the waiter. Witness was about to tell what .his orders front Mr Leary, the Secretary to the Guawjian Compjuay, were, when Mr Barton objected.—Mr Barton also eMr ractcriscd it as a shabby, low, mean, disreputable Utine to put a runner after » reporter, to sue him for bis bee paper because the office happened to quarrel with him. He would call every leporter in the, place to prove that reporters had a free copy of the newspapor on whielk they were employed delivered to them. So shabby and mean a case had never been brought before, ana. would never bo brought again. Of courso, it was th» newspaper that was bringing it through-sit was doingso in tho name of Mr Williams.—Plaintiff remark** that the case was brought on his own account.—My Barton replied that, coming on on the same gay»

Tyke's, it appeared to have been brought to point some terrifying moral; and that, at least, it was a Wimrular coincidence.-His Worship remarked that there was no proof of any bargain having been made letwe^n plaintiff and defendant; the order to deliver the paper came from tho Guardian Office. In cases pi this kind, the person Who made the: bargain ■was the one that should be sueu.-Mr Barton said it was palpable and manifest that this case had been trought against Mr Carriek because he had proceeded •against Pyke—it was shabby and mean to do so. tie (Mr Barton) had had to pay a subscription for the Southern Mercury twice, to the runnor now m Oourt, and to the Guardian. That was very well—he was an outsider, but to attack the reporters was rather too much—hawks should not pick out hawks' eyes. It was proved to be tho universal cu>tom to supply reporters -■with a free copy. His Worship said the case must fail. The plaintiff appeared to have been acting under advice from the secretary to the Guardian Co. He "had done nothing- without consulting Mr Leary, and Mr Leary must take the responsibility. Defendant told plaintiff when he. delivered his bill that he was entitled to a free copy of the paper as a reporter— that was a sufficient answer. His Worship concluded: —If the Guardian instructed you, they must just pay Son. A sufficient answer having been given by defendant to the demand for payment, and no contract ,proved, I am bound to give judgment for him, and to allow costs. Judgment for defendant, with costs.