RESIDENT MAGISTRATE'S COURT.

Patea Mail, Volume 1, Issue 42, 4 September 1875, Page 2

RESIDENT MAGISTRATE'S COURT.

— AIONTHLY .SITTING. (Pn.-L.ro Major Turner, R.AI.) MURUIKK V. A HAMS. To recover the sum uf.TlO ss, fur law expenses incurred, by plaintiff whilst acting as a 1 1 ustee in defeiulenl’s assigned estate. Air UitzhcrheiT appeared for plaintiff. 'fids case was adjourned from the previous monthly sitting, to allow defendant: an opportunity of securing legal assistance. Defendant stated that he was armed with a written opinion from a Wanganui solicitor, and requesied permission io read a written defence, as there was nj legal gentleman resident in Patea. The Bench —If your lawyer thought you had a good case he wouid have taken it 1! p. Defendant here road a careinl'y-cumpiled defence, which was handed up to his Worship fur perusal. Ah’ Pil/.iierberl contended that on public grounds no person would be found willing to accept of the position of a trustee it; subject to bo made personally liable for expenses incurred whilst administering the estate. Air AlcGnire lias sworn that: lie paid the money for Adam's beneiit, and had done his best to protect defendant, and defendant in turn should do his best to protect plaintiff. The Bench said that the case was a hard one, but lie laid no alternative but to give judgment for amount with costs. Air Jb'iU’.berbort asked for immediate execution. The Bench—Oh, no ! Give him three months to pay it. Alossrs McGuire and Hirst protested against the time named by the Bench. Mr Plt/.horhorl said that his client had paid the money out of his own pocket for defendant’s benefit, and the ease had boon going on for the last two mouths, and it was time it was paid. The Bench —There is nothing to seize, and Adams has got no money, and it would he as well to give him time. What time do you want, Adams ? Defendant —As long as your Worship will give me. (Laughter.) I might be able to pay JUs. a month. Air McGuire —If such an order is made, I will never get the money. The Bench —The man is not in a position io pay. _ Mr McGuire — Then let him go through the Court again. The Bench directed that the amount be paid in two monthly instalments. Air Alercdith inquired who was going to pay the money for hearing. Mr McGuire—Let defendant or Ala j or Turner pay it. (Roars of laughter.) cinsox v. 00 Li UK. Judgment confessed. The Bench ordered the amount to bo paid into Court on the completion of defendant's contract, with 25s costs. ocver v. rn’/.sni.Moys. To recover the sum of ill 17s GJ, for firewood supplied. No appearance of defendant. Verdict for amount, with 255. costs. I’TUCF, V. STKi'HEXS. To recover To 12s 8d for moat supplies!. Air A. G. Fookcs stated that defendant was suiforing from rheumatism, and requested him to appear on his behalf. De-

Cendant admit rod the debt, but prayed for time. Jndgm -lit for amount, with 25s costs. FOKKRS V. FOSTKB. To recover £1 11 s. Judgment, confess'd, defendant promising to pay within one month. Judgment for amount, with 10s costs. L’OOKKS V. O. I.YXCU. To recover £!■) ids (hi. No appearance of defendant. Judgment for amount, with Ms costs. nowi-nr v. r. nunKE. To recover £2 ! Os, for two and a-half days stock driving. 'Defendant admitted half the amount, and contended that the claim was excessive. Plaintiff stated that £1 per day was the usual rate charged for stock driving. He paid £1 ss. per day lately for driving stock to Taranaki. Cross-examined by defendant—You engaged me lo muster and brand cattle, and requested me to make my own charge. The Pumcli remarked that it was curious the settlers at Wheimakura were always squabbling, and impounding each other’s cattle. Plaintiff —No wonder wo cannot agave, when we have such neighbours as defendant. Verdict for amount, with costs. inwj.v v. ninxrnvAx. Ill’s Worship stated the defendant had applied lo him to have the case heard at Tlawera, the alleged assault having been committed in that town, and would therefore direct that the case bo heard at Hawera. A. GIIiSON V. OOimiGAN. To recover the sinii of 18s, being amount of money obtained by defendant by misrepresent a( ion. Mr Fit/.herbort. appeared for plaintiff. Tie stated that the 18s was change out of a one-pound noie tendered by Captain Blake in payment of drinks ordered, and claimed hv delrndant, who picked up the money off the counter after Captain Blake bad loir. Defendant pleaded not indebted. A. Palmer deposed—About lia! f pant four on tho morning of July 23rd defendant knocked at the door of the hotel, and on opening flic door, bo told me that lie bad been kicked out of Daniels Hotel, and asked me for a bed, at tho same time informing me that he had no money. He asked mo how far it was to Manutahi, and I answered about four miles. He said 1m thought that be would go borne. He immediately changed bis mind, and said that be would go to bod. 1 said that ho would have to do one. thing or tho oilier quick. He had a drink, which he paid (id for, and retired jo bed. Cross-examined by defendant —Yon paid Cd for the drinlc. Cross-examined by Bench—Ho paid for Hie bed Ihc following morning. Captain Blake and Mr A. Gibson gave evidence in support of the claim, but as their statements were re-produced in Hie larceny case against the same, defendant, we deem it inadvisable to repeat the evidence, and refer onr readers to the report of the more serious charge. 0. F. Corrigan made a long rambling statement about the frealmenl he received from the landlord of the Albion Hotel. He said (hat lie simply wished to test if he could obtain a bed from the proprietor of tho Kakaramca Hotel wiiiiont momy. Ho pulled mil Is instead of the (M as sworn by Palmer, to pay fur the, drink be obtained. Next day lie bad another glass of beer, in his bedroom, which lie did not pay for at the time. When the coach arrived, Captain B'ake invited him lo have a drink. He saw Blake pull out a fl and hand ii to Gibson, but did not see any change pass. H“ paid two half-crowns in payment of tho two drinks be bad, received 4s change, which was the, money he picked up off the counter. The reason holin'] tendered the two half-crowns was lo save tho landlord the Gd, as it might, be useful for change. Tho Bench—ls it, cusiornery in your connlry to test the hospitality of persons in the fashion yon had done at Kakarainca.

He-feiidant—T am a stranger here. Mr Fitzherhort addressed the Court on the evidence, pointing nut that with the exception of the 01 paid for the drink obtained by defendant, no money passed till after the departure of the coach. A. Gibson, recalled, deposed that ho positively saw defendant pick nn the money, and took him no drink up to bed. The Pioneh—Perjury has boon commit tod somewhere, and gave judgment for amount with costs. The clerk said the costs amounted to ,£d 10s. Thr Bench —Oh, my ! Hefcndant—l must appeal in this case, as I can’t stand it. Mr Fitzhcrbert stated that defendant was debarred from an appeal, as the amount was under £5, and applied for immediate execution. W. PALMER V. BREWER. To recover the sum of £lB, being the value, of six pigs alleged to have been destroyed by defendant. Mr Fitzherbert, who appeared for plaintiff, opened the case by stating that a number of pigs had strayed away from plaintiff, and destroyed by defendant under circumstances which would he brought out in evidence. Ho hold that their destruction was an illegal conversion hv defendant, and he was responsible to the owner for their value. If defendant felt himself aggrieved, or suffered any damage through the trespass of plaintiff’s pigs, he had his remedy under the Impounding Act to impound the pigs. It was only the olher day that His Worship gave a verdict in favour of the owner of fowls that had hecmlesl roved under similar circumstances. The carcases of several of the pigs had been found in defendant’s possession, and his e’ient would be .able to prove them identity. W. Palmer gave' evidence of the circumstances under which the pigs had been lost, and swore to the identification of the carcases found in defendant’s possession,

through certain nose ami ear marks. lie produced one of the skins. Defendant contended that the pigs destroyed by him were wild, and it was quite impossible for them to have been the same pigs reported to be lost by plaintiff, as bis property was distant eight.miles from plaintiff, and the pigs would jump over several fences in order their wav to his run. lie was in the 'habit of killing pigs on his run. A number of wit nesses were examined by defendant, who swore that only three out uf the eight pigs had oar marks. The Bench, in giving judgment, said that the preponderance of evidence was in favour of plaintiff. The constable swore to having seen the carcases of the pigs, and defendant’s remarks to him went to show that lie was willing to settle the matter, but for the plaintiff coming with a constable. The only question to be decided was the value of the pigs. No person had a right to destroy property. If the pigs trespassed upon defendant’s land he had bis remedy for damages under the Impounding Act, and gave judgment for £10 —£2 each for the large pigs, and £1 each for the smaller ones—with costs, amounling to £7 Bs. PISOUDEUUY CONDUCT. —. Hayes was charged by Constable Stanley with creating a disturbance at Wairoa. Defendant admitted the charge, and said that he was not a fellow accustomed to drink, and a glass or two of grog had always the effect of upsetting him. Mr A. C. Hookes spoke in favour of; defendant’s good character, and said that lie was known as a hard-working man, and of orderly habits, except when be had the misfortune to drink. His Worship said from what he had road in the paper of the affair he thought that a murder had been committed, and hardly thought that the handcuffs and lockup spoken of were needed. He would simply admonish defendant on this occasion, and direct him to pay costs. LAUCKNV. C. F. Corrigan was charged on the information of Sergeant Whelan, wilh feloniously stealing from the Kakaramca Holer the sum of 18s on the 23rd duly last. E. A. P. Gibson deposed —I am in partnership with Alfred Palmer, carrying on business as hotelkeepers at Kakaramca. On the morning of the 23rd July I was disturbed by bearing the noise of soup - thing falling down stairs. Next day Palmer told me that it was one of the, Corrigans who came from Daniels’ drunk. About 1 o’clock Palmer left for Palca, and I remained in charge. I went up to Corrigan’s bedroom to sec if he was all rigid, and, opening the door, asked him 'if be was going to get. up. He inquired what time was it. I replied that it was 1 o’clock, shut the door, and went doAvn stairs. When the coach arrived, which was about three o’clock, prisoner, Captain 13lake and Mr Mediae came into the bar. .1 look out the mail 1o the coachman, and on reluming, I saw a pound note lying on the counter. I jumped over the bar, and Blake asked me to servo him with drinks, which I did, and whiM I was gelling the change the coachman sang out for his passengers. As 1 put down the change (18s) on the conn!er, Blake went out, and Corrigan picked up the money, which I presumed was his property. A few days a Her Blake inquired for Hie change, and 1. informed him that Corrigan bad claimed it. Bnbseqnenlly, Blake again asked for bis eli, mg'.', when I paid it to him. I have applied to Corrigan to restore the money, but he denied having taken it. Cross-examined by prisoner—l put the money down on the counter, and distinctly saw you take it up. Prisoner —I have, held an unimpeachable character for 10 years, and can bring witnesses to prove it. John Gibson—lam a storekeeper residing at Carlyle. Whilst travelling in the coach on Friday last, Mr Henry, the driver, informed mo that he saw Corrigan pick up the money. Prisoner —Yes,whilst he was holding the horses.

1?. T. Blake deposed—fin the 23rd July I called at Hie Kakaramea Hotel, and ordered drinks for myself, Henry, Melum, and Corrigan, tendering a poundnote in payment. The note was picked np !>y Mr Gibson, who appeared rather eonfiised, as he was getting the mail ready for the coach, and whilst waiting for the 'change, the driver sting out “ all aboard.” I rushed out to take my scat, leaving the change to be got next day, as I intended returning the following morning. T returned on Sunday by Espagne’s coach, and on entering the Kakaramea Hotel, said —“ I have come back for rny change.” Mr Gibson replied. “ What change ? ” 1 said, “ the change from the note which T gave you for the four drinks.” He told me that he had left it on the counter, and that a gentleman had picked it up, describing the person, which I took to be Corrigan. Some two or three days after this I mot Gibson at Odgers’ Hotel, and lie refunded me my change. Prisoner, addressing the Court, said there were only two persons in the loom, himself and Gibson, who swears that he saw me take the money, and as he states that I had no money on the previous evening, it is only reasonable to suppose that if he thought I had no claim to it, he would have said so. On returning homo my father asked me to explain what I owed Gibson 18s for. I went down and saw Gibson, and he accused me of taking tigr 18s off the counter. I threatened to prosecute him for defamation of character, hut on reflection did not think it worth my while, hut as matters have now turned out I shall be compelled to proceed against hi n. Gibson says that I took the money, and I distinctly say that I did not, and therefore it is only oath against oath, and I claim my word to he as good as Ins. The money which I took off the counter was 4s. change handed to me out of; two

lialfcrovvus tendered in payment of Is. After my return from Kakaramoa 1 asked Mr E. McCarthy for Ihe h.an of 30s. for the purpose of prosecuting- Daniels tor illegally detaining my hors--, but I tliougbi better of it. ft is evid.-nf (hat if I took the 18s. as alleged, I had no m-e-.-ssity U. borrow the 3ds. imm Air McCarthy, only spent Is. at the Kakaramea MeGarlby deposed that he lent prisoner Mbs. The Bench said, under the 82ml danse of the Resident Magistrates’ Act, he should dismiss the case, as there was not sufUcieiit evidence to support a convict ion. The Court then adjourned till the following day,