RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XXXIX, Issue 2762, 31 July 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

TIMARU— Mombay, July 30th. (Before J. Berwick, Esq., R.M.) DBT/HKBNSBSS. A first offender was fined 5s for tbi offenco. BBFUSIKQ DUTY. John Carter, cook on board the barque Norman Macleod, was charged with wilful disobedience of order*. Id r#ply to thorbarge, be admitted th»t be refua&d to obey orders, because be wai r. finod permission to go on shore the day before. He had bron twentyfive yean in the mercantile service and saren years in tho Navy, and had nover heen in the look-op before, and if this case was to be gone into be wished a lawyer to appear for him. Four other men bad refused duty that morning on account of ill-treatment. The roaster of Die barquo mi present, anil the Magistrate aiked him if he was willing to take the man on bo»rd again. He replied that he would rather not, and in reply to other questions said about £9 wai due to accused for wages, and he thought something •hould be drductcd if the man was paid off. Mr Haaiersley said he had been instructed to aj pear for accused if the cmo was to be proceeded with. The latter said he would let his case drop if he was paid off here | be would not sail with thai matter again. The maßtcr said he would not tako him back in tbe ship. His Worship remarked that as bath pirtiee were agreed on that point, the difficulty would be lettled by the oaptain paying the man off. He would adjourn tbe ctse to allow tbi* to be done. U.BCBNY. John Robinson, a robust man who bore marks of luring been in a recent personal (rnj % wao charged with «to^lio^ eix blanket*, Talued at £2, from the Sailway Boardinghouse on Saturday. He admitted taking one blanket. It was the first time ho bad done such a thing, and he was under the influence of drink at the time. Catherine Boss, a servant at the boardinghouse, recognised one blanket and counterpane, produosd, ai having been taken from her own bed. Sha was told by the mistress that others were missing. The prisoner said he woul.i admit taking these, bnt he did not take any others. He was drunk at the time. Inspector Brobam then withdrew tho charge respecting the otbar blankets. Detective Kir by, who srrestrd the prisoner, said he was undor the influence of liquor when arrested. His Worship Beut him to gaol for a month. WILIDX DAMAGE. Daniel McKonzie waa charged, on the information of Wm. Tegg, with wilfully breaking a door and window of tbe yilue of 30s, in complainant's home at Kensington, on the 20th inat. Tbia rase »roae out of a neighbor's quarrel in reßpect of which an assault case was heard on Friday lait. The evidei'.o* showed that defendant had taken part in tho disturbance, bad cbaied Mrs Tegg iuto her house and kicked in a panel of tbe door in attempting, as it appeared, to kick Mrs Trgg as she retreated iuto the bouse. Besides tbe complainant's childreD, who were called as witneseei, a person wbo saw the row from a little distance and bad no part in it, slated that he saw defendant make a kick at Mrs Tcgg in the doorway, but could not say whether he kicked her or the door. Under crossexamination, Tegg'a children deisied that their mother took out a carpenter's adze to defendant, and denied that anyone threw a tomahawk at him through the window, and 83 broke it. Defendant in explanation laid his daughter, a little girl, waa being ill-used by Mrs Tegg and her daughters. He went up to protect ber. Mr* Tegg came out with a carpenter's adze, and nsid some most offensive language to him. Bis Worship called up Mr* Tegg and told her that she bad been largely to blame herself. Tbese neighbors' quarrels were a great nuisance, and he would stop them if he could. He would ordar that the defendant and ilrs Tegg, through her husband, be bonnd OTar in tbe turn of £25 each to keep tbe peics towards each other and everyone else for ail months. CIVIL CABBB. Wm. Barber t. Ja». Wallace— Claim, £36 3s 6d. Mr Hameraley for plaintiff, Mr 0. Ferry for defendant. The plaintiff wai examined and crosa-ex-amined at some length, and from bis evidence his case appsared to be this: — Plaintiff waa a dairyman at Saltwater Creek. About the end of February last be spoke to Mr Maolean, of Maolean and Stewart, and told him he thought of telling out on the 25th Marob, but did net then instruct them to sell. On the 2nd March a person he knew aa James Wallace came to the farm, looked at the atock, and asked how much be wanted for the lot. He mentioned £260. Later in the day he met Wallace in Timaru, in company with Mr Maclean, when he agreed to sell for £235, and Mr Maclean drew up an agreement to that effect, which waa signed by both, defendant signing it " James" Wallace, and making no mention of any other person of the same name. Possession was to be given and the cattle paid for on April 2nd. Id waa arranged that the stook should be soM by Maclean and Stewart in lots on tho furm, on Wallace's aooount, and they wero advertised accordingly, but in Barber's name. The d»y before the sale Wallace went to tho farm, and io tbe oourae of a conversatiou said dairy stock were then very dear at Duncdin. Defendant remarked that he had sold too cheap, whereupon Wallace offered to let him off bit bargain for £20, and allow him to get what advantage be might from tho aale. Plaintiff declined tbia offer. The cattle were sold next day, and fetched only £198 1 6s 6d, plus auctioneers' charges, or £36 3s 6d less than Wallace had agreed to pay. Wallace *as not present at tbe sale, and therefore, plaintiff ra : d, the stock did not fetch so much as they might hare done had he been there- to "run them up." He (plaintiff) took no part in tbe sale, having no intereat in it, except that be bought firs cows to oomplete the tale and saTe expenao to Wallace. He waa not aware that Wallace waa an undischarged bankrupt. He did not know him, and would not have told to him but that he made arrangement! through Mr Macleaa, He told Mr Maclean to advertise the cattle in Wallace's name, but be advortised them in his*(plaintiff's) name. He had no doubt if the sale had re»li«ed more than £235 that Wallace would hare claimed the balance. The defendant's evidence, taken in Dunedin, was to the effect that hie name was George Wallace, though he nQs. sued as James Wallace ; but he admitted that he was tbe defendant in tbia case. He was an undischarged bankrupt. He bought tome cattle from Maolean and Stewart about the Bth March, to be delivered, on tbe 2nd April. He never got any notice or communication of any sort from anyone respecting a re-sale of tho cattle. He saw Maclean, as plaintiff's agent, on the 2nd April, and he asked him to attend the sale next day. He declined to attend. Plaintiff was present and said he bad gold the cattle too cheap, he would make more of the oittle at the aale. He (defendant) said " All right, keep them, I don't want to have anything more to do with them." Tbere was nothing ■aid about a re-sale on hia (defendant's) account. No demand waa made upon him by either plaintiff or the auctioneers since that date, until he received the summons. Some discussion took place at the opening of the case at to the jurisdiction of the Court, and tbe ' value of a judgment if given for plaintiff, the defendant being an undischarged bankrupt. Mr Hamereley taid he waa prepared to accopt a judgment for what it was worth. At the conolueion of the plaintiff's evidence Mr Hamenley asked for an adjournment till next day in order to obtain the evidence of Mr Maclean, upon whom aaubpoeda to attend waa served on Friday last but who waa not present, his evidence being of importance. The adjournment waa granted On payment of tbe usual ooata. ■ • . ' ' The Court then roae. ' ' ,'■