MAGISTRATE'S COURT.

Otago Daily Times, Issue 11396, 13 April 1899, Page 6

MAGISTRATE'S COURT.

Wednesday, AruiL 12. (Before Mr X 11. Carew, S.M.)

Judgment for the plaintiff, with costs, was given in each of the following eases: —James Wright (for whom Mr Moore, appeared) v. ■ James W. M'Watt (Macandrew road), claim £5 13s Bd, on account stated (costs 25s 6d); Peter Reekie (fo, whom Mr Moore appeared) v. George H. Sismey (Auckland),' claim 17s 6cl, coal supplied (costß'6s); J... Jamieson and Co. v. Craighead and Co. (Maslerton), claim £11, Is, goods supplied, (costs £1): MasseyHarris Company (for whom Mr Cook appeared) v. Alfred Dickson (Gore), claim £9 7s lid, on a promissory note (costs 25s 6d); Tho Dunedin and Kaikorai Tram Company (Limited) v. J. Dalziel (Invercargill), claim £7, calls duo on shares. '

The Owaka Co-operative- Society \. W. K. Cameron.—Claim £1. 12s lOd, amount due in account stated to defendant by plaintiff society.—Mr W. C. MacGregor appeared for plaintiff and Mr Solomon for defendant.— The circumstances out of which the claim arose are as follows: —The plaintiffs consigned 289 cases of choose to defendant, for sale in England through the Co-operative Company. When tho defendant went to get delivery from -the Railway department, ho was informed that to do so he must pay an amount of freight due by the Co-operative Company to the railway iv connection with another transaction. The defendant- applied to the plaintiffs for instructions and was told not to pay this claim, and he arranged with the Railway department to forgo it.,'. On the day on which the vessel by which the cheese was lo be shipped to' England sailed, he-was informed by the Railway department to get possession of it he must pay another debt owing by the same coriipany. Having no time to,. communicate with his principals, he consulted Mr Hosking, who advised him to pay the amount under protest, which he did. The plaintiffs contended that ho could not charge them, with this amount. The defendant urged that the money was -paid to protect the plaintiffs, aud that ho was entitled to charge them with it.—ln giving judgment, his Worship said: —I think that Mr Cameron did the best he could have done in the interests of his clients in securing the shipping of the- cheese, if he had under tlio circumstances of the case any discretion iii the matter. I fhink, however, that he had no discretion.. Ho had written to his clients on February 9 as to a previous claim made by the Railway department, asking for, instructions on the matter, and received a telegram in reply that he was to pay on .289 cases consigned 'to him. Mr Cameron had explained the risk there was if the Railway department's claim ..'as,not paid—that the cheese would not be shipped. ' He found the telegram in reply that the company were prepared to take that risk. If Mr Cameron had paid that claim, it was clear it would have been contrary^o. instructions and he could not hay. recovered against his principals. That claim was;1 however, withdrawn and subsequently a-fresh, claim, of a like nature was set up and paid by Mr Cameron under protest." That is, Mr Cameron paid the claim, .although in his opinion it ivas not a valid one. He had been instructed by his principal in respect of a similar cltiirh not to pay it. I think the letter of February 19 and a telegram in reply are a distinct intimation to defendant that he was to pay the Railway department on the 289 cases, and the plaintiff company cannot be charged with the other payment. Judgment for the plaintiffs for the amount claimed, with costs. —Mr Solomon asked, and obtained, leave to appeal. • .--...,

William Lloyd v. . Samuel Goldston.— Claim £25 damages for assault.—Mr Hanlon appeared for plaintiff and Mr' Chapman for defendant.—ln this case his Worship stated that he had received a communication from Mr Goldston some time ago, in. which he had set forth his version of the affair. From what he (his Worship) recollected of the letter Mr Goldston had been charged in the Police Court. . with assault, and.fined-a sum of money,'and he wrote the letter before the. warrant had been issued, stating that ho had been cruelly dealt with, and would go to gaol before he paid the money.—Mr Chapman said that he did not know that defendant had written the letter. —His Worship said that he had stated the facts in order that it might be decided whether ■ the ease should go before a jury. He was quite prepared, however, to go on, and would disabuse his mind of what had come under his notice.—Mr Hanlon said that the amount claimed was so small that plaintiff would scarcely be justified in bringing the case to the Supreme Court. —His AVorship said that the letter had been written long before this case was commenced. —Mr Hanlon then stated the particulars of the case. Be said that the plaintiff claimed to recover £25 as damages for assault and . battery. The facts, as counsel was instructed, were that on' tho 21st December last plaintiff went into the defendant's pawnbroker's shop in George street to see if defendant had a waterproof coat for sale. A waterproof coat was tried on, and after another coat had also been tried on, plaintiff offered 15s for the first coat. He took out of his pocket a pound note, with a half sovereign wrapped up inside it, and said "I'll only give you 15s; it is not worth any more." Plaintiff alleged that defendant.• immediately made a grab at the money. Plaintiff had scarcely time to close his hand when Goldston aimed a blow at plaintiff, and followed it up with several other blows. Finally he picked up a shoemaker's hammer and hit. plaintiff on the head several times with it. Plaintiff called out several times for assistance, but no one heard his cries. Plaintiff then knocked out the window, and. the falling glass attracted some people outside. _ Some people ran in, and found that plaintiff and defendant had hold of a hammer. The defendant had hold of the handle and plaintiff of the head, and 'plaintiff-was covered with blood. He was taken to the hospital, where it was found that he suffered.from serious injuries, and had lost a lot of blood. The hammer was taken away into Mr Duthie's shop, and subsequently defendant called and claimed it. The police afterwards called at defendant's place'for it, and found that the hammer had been cleaned of lite blood which had previously covered it.—Plaintiff then gave evidence. He said that Goldston must have struck him at least 20 blows, and when the people came in he said. " Take away this mad man. Ho has broken out.of some place and broken into my shop."—ln reply to Mr Chapman; he said'that he had no occupation. He used to drive coaches, but his occupation was gone since the railways started. He now did a little commission business, but he denied that he was a professional betting man. Witness would swear on his life that ho did not break the window with his head. He denied positively that he was a bad tempered or excitable man.—Sergeant Iliggins gave evidence that when he went to the shop Goldston told him that a man came to the shop to buy a coat, and afterwards produced a hammer with which he attacked him (Goldston). Goldston got hold of the hammer, and hit the man on the head with it- in self-de-fence. Collision said he did not know who tho man was, but he was a murderer, and he came to the shop to murder him. Subsequently he gave witness the hammer, and told him In take it down lo the man's house and get it identified. Witness went away, and afterwards returned with Constable Daubnev and arrested Goldston for assaulting Lloyd. Goldston at tiiat time made a further explanation, aud said that the man had attempted to assault him. Goldston got round the counter, aud the man fell through the window.—After further evidence, the case was adjourned till Friday. -

— A doctor has introduced a new form of treatment for those who are given to seasickness. His method is to hypnotise them, and then cause them to believe that they, are being tossed on the ocean without suffering, from sea-sickness. xAfter a, short course of this treatment, he avers, his patients actually are able lo make long and rough voyages without discomfort. — A queer exhibition has been ripened in Berlin—that of the Vegotarian Society—in which 60 children were shown who have never touched other nutriment than vegetables.

— The Shah has in his palace at Teheran a 12iii globe, upon which-the parts of the world are sot out in jewels of various colours —England with rubies, India with diamonds, the sea with emeralds, and so on.