RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XLI, Issue 3280, 1 April 1885, Page 3

RESIDENT MAGISTRATE'S COURT.

TIMARU, Tuesday, Mabch 31st. (Before E. McGlashan and W. C. Fendall, Esqs, J.P.'s.) LAHCENY. J. Isherwood was charged with stealing one spade, value 7s 6d, the property of the Timaru Borough Council. Accused pleaded not guilty. Inspector Broham conducted the prosecution, and called James Fleming, a laborer m the employ of the Borough Council, who stated that he was working m Barnard streot on the 28th instant. He left the tools m the stables at the back of the lemonade factory. The stables wore lockod. The spade (produced) was left there. He missed it when ho went into the stable about eight o'clock the next morning. The spade ■is the property of the Borough Council. A person could go mto the stable without unlocking the ■ door, on account of there being a few of the boards off. W. Dale said he remembered the lost witness making a complaint that he had lost a spado. He then went to the accused's house and found tiio spade m the ■wash-house. The distance from the place where tho spado was kept and accused's place is about tweuty yards. When witness went to the accused's house he did not. see him. He searched the place because he had an idea that he would find the spade. Daniel Hunter, a witness for the defence, said that he went home with the accused about three o'clock on the day mentioned, and never saw him out of the house after that. Witness went to the beach with accused on Sunday, and they came home together. On Monday they went down to see a man about a threshing machine, and witness was Jwith accused all the time. The accused camo homo and went to bed. In answer to the Bench as to" how he could account for the spade being m his possession, accused said he never saw it until Detective Kirbv showed it to him. The only way he could account- for the spade being m his possession was that he was- tendering for a job on the Moody wharf and expected to get it. By being down there ;he camo into contact with some of tho men. and one of them must liavo brotighfc it up to his placo. - — Williams was called and said lie was m j the house of accused on Saturday night, who nover went out after witness saw him. The witness lived m part of accused's house. Tho Bench considered tho offenco proved, and sontenced the accused to seven days', imprisonment with hard labor. WILFUL DAMAGE. TO l-BOBERTT. Nathan Williams and Edgar Stokes, two boys, were brought up, on romand, for breaking a letter-box m Grey .Road. Thero were no letters found m the box, by the boys. The Bench fined each boy one chilling, and ordered them to pay cost of damage done, 15s, giving the parents one week to pay the fine m. FAILING TO BTJPPOET. — Proctor, charged' with failing to provide for the support of his wife m the Asylum was remanded till the 14th of April. 'orvir. oases.; Levels Road Bonrd v. Mi S. Black— Claim £5 4s 2d. : '■•■'. Mr Kriubley, counsel for defendant, applied for an adjournment by tho consent of the plaintiff, the defendant to take all responsibility. The application was granted, and the case adjourned for eight weeks. ' Same v. Grant. . • Mr Hamersley for ■ defendant applied and was granted an adjournment for fourteen days.. • : ' Judgment was given by default, with costs, m the following cases: — Young v. Maultus, claim £8 14s 3d ; same v. F. C. Shrimpton, claim £4 9s 6d ; Davies and another v. Wm. Armstrong, .claim 17s 7d ; same v. C. Collins, claim £4 5s 3d ; Young v. Parsons, claim'£s 12s lOd. (Before Capt. Woollcombe, R.N., and W. C. Fondall.'Esq., J.P), Timatv, Meiratd Co. v. Hedges, claim £8139. | Adjourned by Court for 14 days.

Coy and another v. Collins, claim £3 6s 6d, for goods supplied. Mr White for plaintiff ; Mr Hamersley for defendant. '" ' .. ■ This case, which, had been adjourned to allow the evidence of a witness for the plaintiff, to bo taken m Christchuroh, was further adjourned for 14 days, on the application of Mr Hamersley, to allow the Resident Magistrate to take it, adjournment fee and £1 Is solicitor's fee being allowed the plaintiffs. J. Crawford v. Mrs Lowe— Claim, £5 13s 6d, for money lent and interest. Mr Hamersley for plaintiff ; Mr Forster for defendant. The evidonce of plaintiff was to the effect that defendant came into his shop and spoke about tho rent of a right-of-way let to her by Win. Evans, and asked plaintiff to lend her the money to pay it, which he did. Plaintiff had asked defendant on several occasions for the money, but she never paid it, although she had promised to do so ; she never disputed her liability. Plaintiff and another named Wildie were trustees m Mrs Lowe's mamage estate. Mrs Lowe said she had never asked plaintiff to lend her the money, nor had she ever confessed her liability to him. Plaintiff claimed to be a trustee m her marriage estate, but she never acknowledged him as such, as there was no deed to prove it. After some discussion by counsel aB to a question of title, the plaintiff was nonsuited with costs. Levels Road Board v. D. Heffernan — Claim £2 18s lOd for rates. Mr Wright, Clerk to the Board, produced the valuation rolls of the Levels Road district for 1884, which showed that the rates had not been paid, but defendant produced a receipt showing that they had. As the plaintiff had not the block of the receipt produced by defendant with him, the case was adjourned for 14 days at his request to allow him. to produce it. Same v. W. Tosswill (as agent for Mrs Tate), claim £7 Us 7d for rates. The plaintiff was nonsuited with costs on the ground that defendant was not personally responsible, as agent for another person, for the rates due on such person's property. The Court then adjourned.