MAGISTRATE’S COURT.

Otago Witness, Issue 3212, 6 October 1915, Page 61

MAGISTRATE’S COURT.

Tuesday, September 21. (Before Mr H. Y. Widdowson, S.M.)

Judgment was given for the plaintiffs by default in the following cases:—Joanna Cahill v. Henry D. Jacobs, claim £5 Bs, money duo for board and lodging (costs £1 5s 6d); Charles P. Keen v. T. M‘Taggart, claim £2O 10s 7d, for goods supplied, with costs (£2 14s) j Otago Chair Company v. Albert Karstcn (Nelson), claim 10s costs, with solicitor’s fee ss; Andrew Ramsay v. George Jackson (Green Island), claim £l3 17s 6d, on account stated, with costs £1 3s 6d; Otago Hospital and Charitable Aid Board v. John Mitchell (Oamaru), claim £3 15s, for maintenance, with costs 10s; Henry F. Moss v. Robert Simpson, claim £1 14s 6d, for goods supplied, with costs 10s; J. B. Taverner and Son v. J. H. Bor ton, claim £1 17s 6d, rent due, with costs ss; Otago Chair Company v. Arthur Readc, claim £23 11s 6d, for goods supplied, with costs £2 19s. A Claim for Damages.—This was a claim for £lO damages by John Perry Gardiner, farmer, of Burnside, from William M. Adam, labourer, of Burnside, for injuries sustained by the plaintiff as the result of being assaulted by the defendant, and thus prevented from attending to his business for three weeks. The plaintiff also claimed £1 Is, medical expenses, as special damages.— The facts set out by' Mr White for the plaintiff were that the defendant was trespassing on a portion of the plaintiff’s property, and when warned to get away he assaulted the plaintiff with an iron standard, the result being that a bone in his right arm was splintered and the arm was also bruised and the fingers on each hand were injured. The effect of the assault was that the plaintiff was unable to attend to his business, and had to employ a man and a boy to do his work about his farm. —The plaintiff: stated that he had employed a man on his farm for three weeks, and had paid him £2 5s a week, and he had paid a boy 7s 6d a week to help about the place night and morning.—Cross-examined by Mr Hanlon, -who appeared for the defendant, plaintiff said he could not say exactly whether he employed a man for two or three weeks. He knew he paid him £6 10s for the work done.—For the defence, Mr Hanlon stated that the defendant had not assaulted the plaintiff but that the latter had attempted to assault him with a stick, whereupon ho used the iron standard to ward off the blows aimed at him. It was then that the plaintiff met with the injuries complained of.— The defendant gave evidence in support of this statement. —The Magistrate said that the evidence of the plaintiff was of an unsatisfactory character. He accepted the defendant’s statement that he had used the standard to ward off the plaintiff’s blows, and judgment would bo given for the defendant. but he would not allow costs. Thursday, September 23. (Before Mr H. Y. Widdowson; S.M.) Judgment for plaintiff, by default, was given in the following cases: —Johnston,Sons and Co. v. Thomas William Chatlield (Longburn), claim £2 12s 6d, for one set of “Modern Physician” (costs 13s); same v. Ewch Charles Doblicar (Tc Kuiti), claim £3 3s, for books supplied (costs 10s); same v. Philip Henry Green (Wanganui), claim £2 4s 6d, for one set of “The Horse” (costs 10s); same v. Albert Dyer (Palmerston North), claim £2 12s 6d, for one set of “Modern Physician” (costs 10s); same v. Waldcmar Hansen (Gisborne), claim £1 17s 6d, for one set of “Motor Car” (costs 5s 1 ; same v. Walter Gray (Auckland) claim £3 7s 6d, for one set “ Electric Practice ” (costs (10s); same v. William Hickey, jun. (Cambridge), claim £6 6s, for one set of “ Agriculture ” (costs £1 8s 6d); same v. Robert Henry Howard (Napier-), claim £1 17s 6d, for one set “Motor Car” (costs ss); same v. Edward John Irvine (Taumarunui), claim £1 7s 6d, for one Bible (costs ss) ; same v. Lawrence A. Harper (Te Kuiti), claim 3s, costs, with solicitor’s fee (ss) ; Christina Jeffereon v. Sarah Alice Steadman (Milburn), claim £2 14s 6d, interest duo on money lent (costs 12s); the State Advances Superintendent' v. Alexander Rennie, jun., claim £37 12s 9d, principal and interest due on money advanced (costs £1 4s). Judgment Summons Case. —The Drapery Supply Association applied for an order against W. E. Hall for the payment of 14s.- —The debtor did not appear, and an order was made for payment forthwith (costs ss), in default 24 hours’ imprisonment. Tuesday, September 28. (Before Mr H. Y. Widdowson, S-M.) Judgment was given for plaintiffs in the following undefended cases;—Herbert, Haynes, and Co. v. Robert Howard Taylor (St. Clair), claim £3 4s, for goods (costs 12s); J. and J. Arthur v. George Hunt (North Auckland), claim £4 6s 3d, for goods (costs 13a); R. Jamieson and Co. v. F. P. Lowry and Co. (Timaru), claim £3 14s Bd, balance for goods (costs 10s); Walter HuntIcy v. Sidney Ward (Stratford), claim £lO 12s Id, for goods (costs 30s 6d). Todd and Brown v. John George (South Dunedin). —Claim £5 15s on a judgment.—Mr Bedford appeared for plaintiffs.—Defendant was not present, and an order was made that he pay the sum claimed, with costs (8s), forthwith; in default six days’ imprisonment. Thursday, September 30. (Before Mr H. Y. Widdowson, S.M.) Judgment by default was given for the plaintiffs in the following cases; —W. A. Scott v. L. Oonnihan, claim £7 11s 9d, for goods supplied (costs £1 6s 6d) ; N. Heed and Co. v. R. Kyle (Waitara), claim £8 16s 7d, for goods supplied (costs £1 3s 6d); Ijis Majestry _ the King v. Robert Inder (Naseby), claim £l, for demurrage on a railway truck from Dunedin to Wcdderburn (costs 17s); G. T. K. M'Konzio v. Alex. Candlish (Oamaru), claim £1 6s 4d, for goods supplied (costs ss); same v. David Murray (Tapanui), claim £1 7si 6d, for goods supplied (costs ss); Ahlfeld Bros and Co. v. Jacob At-kill (Te Puke), claim £lO 12s 9d, for goods sold and delivered (costs £1 10s 6d). Judgment Summons Casos^ —Thomas Muirhead v. John M'Grath.—This was an

application for an order for the payment of £7 15s. The debtor did not appear, and an order was made for payment forthwith, with costs (15s), in default eight days’ imprisonment William J. Williamson v. Arthur H. Mallott.— I This was an application for an order for the payment of £2 13s.—The debtor denied that he was in the habit of gambling on horse races, but explained that he frequently worked on racecourses. Ho earned about £2 10s per week He was a married man, but his wife was living apart from him, and ho was not paying anything towards her maintenance or the maintenance of his children. Ho paid a housekeeper 10s a week, and paid 7a a week in rent. The judgment creditor was in the habit, of lending money to men going to race _ meetings. The creditor on oath denied this statement, and stated that the debtor betted on race meetings all over New Zeeland, and that he had told witness that he had lost £2O at the last Christchurch meeting.—The Magistrate ordered the payment of the amount owing within seven days, in default throe day? imprisonment.