RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XLIII, Issue 3736, 22 September 1886, Page 3

RESIDENT MA GISTRA TE'S COURT.

♦ TlMAßU— Tuesday, Sbpt. 21st. (Before J. S. Beswick, Esq., 8.M.) HABITUAL DBCKKBNNES3. Thomas Wood was charged on remand from the 13th inst., with being drunk m the Main South road. As accused had been m gaol a week His Worship discharged him. CIVIL CASES. Judgment by default for amount claimed and costs was given m the following case : — Wade and Shea v. R. Campbell, claim £1 2s 6d. Judgment summonses were dealt with as follows : — Davies and Murphy t. P. Power, claim £10 3s. Mr White for plaintiffs. Power was shortly examined by counsel, and by His Worship, after which Mr White said the account had been owing for over two years, and defendant hod not made any effort to pay it off. lie now asked that an order should be innde. His Worship said that he would adjourn the case for a month to give time for defendant to arrange to pay it off. The case Taylor v. Brenchley was called on, but as the judgment creditor did not appear the case was struck out. J. Lukey v. M. Allan, claim 15s. There was no appearance of the defendant, and after Lukey had answered a few questions from His Worship defendant was ordered to pay tfce amount at once, or go to gaol for 14 days. Gracie and another v. Jos. Lewis — claim £S 12s 4d. This case had been before the court previously but had been adjourned as it was hoped that the parties would settle it out of court. The dispute was over a horse. As the settlement had not been arrived at the case was continued. Mr Hamersley appeared for the plaintiffs and Mr White for tho defendant. Mr White said it might tend to shorten the case if ho now Btated that ho intended to show on behalf of the defence that it was defendant's son, not defendant, who bought the horse. Mr Hamersley objected to this line of defence being put forward at the lost moment. Mr White then asked and His Worship directed that, all witnesses Bhould leave the court. Evidence was then led as follows : — Donald Maclean, auctioneer, said he had sold the horse m dispute to Joseph Lewis, and the money for it so far as he was aware had not been paid by R. Allan to Guinness. Was quite sure he did not sell the horse to Thomas Joseph Lewis, the young man now m court, but to his father, Joseph Lewis. Knew nothing about the receipt for £6 10a (produced) signed by "R. Allan." _ This account did not appear as a credit m the firm's books. Witness said he sold a bay maro on behalf of Guinness. In cross-ex-amination witness said defendent had never denied buying the horse. James Gracie said m conversation with defendant about the horse the latter said that he had paid the money for it to Jonas and Bourn. Witness asked him to see this firm and try and get the money back. The defendant did so but Jonas and Bourn refused to refund the money. Witness only heard last Saturday morning that it was said defendant's son bought the horse. To Mr White witness said he was not present at the sale nor had he seen Jonas and Bourn about an amicable arrangement. Gordon Wood, book-keeper to plaintiffs, said ho made the entries m the sales book (produced). Saw the defendant about three week 3 afterwards, at the office. Defendant said that he had paid him (witness) and held his receipt. Witness said that he had not done so, and asked him to produce the receipt. Defendant did not do so. To Mr White : Maclean scld some horses for Guinness at Sibbald's sale, as Guinness was away for a few minutes. Witness did not remember what horses Lewis or his son bought from the N. Z. L. and M. A. Co. James Allan was acting for this Company. Did not remember any of the Lewises offering him £6 10s j nor any conversation to the effect "I'm not acting for the N.Z.L. and M. A. Co. James Allan will take it." Did not know who bid for the horse now Bued for. James Allan said he met Lowis on the 14th April, tho day of the sale of horses, and heard him say to Wildie that he had bought a horse. Wildie looked through the book and then said he had n j horse booked to Lewis. Tho latter then mentioned the price ; either the clerk or Wildie booked it, and the money was paid to witness. Wildie acted as auctioneer for Jonas and Bourn. To Mr White : Witness did not see Lewis offer money to last witness or to anyone else, barring himself. Witneas gave the receipt (produced) m the office, and G. Wood was not present when the money was paid over. This closed the plaintiffs' case, and Mr White, after Btating the short facts of the defence, called Joseph Lewis, who said that he was present with his two sons at Sibbald's sale of borßes. Did not buy any horses, but bid for one. His sons bought horses that day ; one for £6 10s. Witness noticed at the sale that the auctioneers and their clerks were busy, and after the sals went up to Wildie, and asked

him about a horse one of his 60n3 had botiglit for £6 10s. Wildio could not find the entry, and witncß3 then turned to Gordon Wood, asked him nbout nn entry, and got a reply m the negative. Witness then got his son to see Wildie. Witness next got a letter from Graeie ; went to Timaru, and told Graeie ho had never bought a horse from plaintiffs. Witness then spoko of the horse transaction with Jonas and Bourn, and Qracie asked him to Bee them about paying the money back. Graeie said that the horse had been knocked down to witness by Maclean, but witness replied that he was Bure it was sold by Wildie to his sod. To Mr Hamersloy : Witness was sure the horse was sold by Wildie, although the entry was not booked. Had good opportunities whan m the sale yard of Beeing how tho horses wore sold. Would swear that Wood and Allan were m the office, though they stated they were not. Could not recognise the sales book, but had told Maclean and Graeie of tho way the sale had been transacted. Witness supposed Gracie wrote to him, because lm son was stopping at his (witness 1 ) farm. His son was about 22 years of nge ; lived on the farm, and worked for witness. Believed that he (witness) had served two years for perjury arising out of a case m the District Court. He-examined by Mr White: Ho had no interest m the case whatever. Tho horso was his son's, and if the caso was lost ho would have to pay the money. To Mr Hamorsley : Witness allowed Jonas Grade's lettor, but made no arrangement with him about paying tho costs of the caso. Jonas said, " I will havo to pay the lawyer to try tho case." To Mr Whito : If witness lost the case he would have a remedy against Jonas. Thomas Joseph Lewis Boid that ho was at tho salo of horses ; that ho bought v horse, and that his brothor also bought one, paying £6 10s for it. To Mr Hamersley : Witness' father did not givo him any letterrs from Gracie ; had never seen or heard about them till lsat Saturday week. On Saturday last witness went to Gracio and offered him £6. This offer was made by instructions from witness' father. Witness swore that he never bid to Maclean, but to Wildio. To Mr Whito : Had been working for lm father for 7 years and got money as ho required it. The Court then adjournod for lunch, and resumed at 2.15 p.m. Frederick William?, clork to Messrs Jonas and Bourn, said he remembered the salo of Sibbald's liors- a on 14th April, when lie saw tho defendant and his eon. Lewis came into the oflico and said he had bought a horse, but witness had no entry m his book. He then turned round and asked Wood if ho had any entry. Wood said ho only had ono horso sold. Witness saw Allan tako the money for it. The recoipt was given by James Allan. When Wood said bo only had one horse, booked witness referred to Wildie. The hitter took tho money from Lewis m Wood's presence. To Mr Hamersley : Witness said there was no entry m witness' book of tho sale of ahorse to Lewis. Jonas and Bourn did not sell a horse to Lewis to witness' knowledge. George Hunter Wildie, auctioneer for Jonas and Bourn, eaid he was present at the sale of Sibbald's horses. The firm settled for the sale of a horse to Lewis for £6. The horses were sold jointly by Jonas and Bourn, and Gracie and Co., on account of Sibbald. On tho Saturday after the sale, witnos.3 told Gracie m his oflico that there was one moro horso returned thau was mentioned on (he account sales. Witness told Sibbald that he had been paid for one moro horso than he had brought down. First heard of the claim a long time after the settlement with Sibbald. To Mr Hamersley : Did uot sell any horse to Lewis on that day. That was the case for tho defence. After counsel had addressed the court, judgment wa3 given for plaintiff for amount claimed and costs. The court adjourned at 3.15 p.m.

; ■ pursuits for a short timo, but abandoned that , j calling, and proceeded to Nelson, whero he , entered upon tho business he was brought up i to; but Nelson not oiVering" inducements fjr : him to remain, ho came to Oamavu about i twenty-five years ago, and the caro and pnii dence' that havo marked hi 3 public acts stood , him m good stead m his private bueines", for i he has been a fairly prosperous settler, i Amongst those who lent a willing helping . hand m building up the town was Mr Falconer. I For years Mr Falconer has taken an activo ■ part m tho work |of|!tho North Otago Agri- ) cultural and Pastoral Association, and last year tho members, recognising his faithful i service, elected him to the presidency of tho • Association and this year to tho oflico of tho i treasurer. The Horticultural Society has i also been largely assisted by the practical experience nnd generosity of Mr Falconer. . The deceased was a member of the Schools i Committee, of the Benovolent Society, and i htely acted m the capacity of chairman of the 'Charitable Aid Board. He entered tho Municipal Council m 1871— a period of great depression m Onmaru. A few years later being Btill a member of tho Council, he contested the Mayoralty with Mr Steward, and was unsuccessful. In ISB3 ho again entored the Council, and m tho year following bis entry stood for Mayor against Mr Proctor and this timo was successful. It was m his capacity of Mayor of the Borough that Mr Falconer did good work. As mayor of the borough, Mr Falconer sat as a member of the Harbor Board and as a governor of the Waitaki High School. Ho was ono of tho founders of tho Presbyterian Church here, has occupied tho position of elder for a. long number of years, and was superintendent of the Sunday school. Summing up Mr Falconer's public and privato life, wo may say we havo lost ono of our most useful public men and ono of our most worthy ritizens. Tho remains of Mr Falconer were consigned to their last resting place on the 14th Septomber. The funeral cortege left the lute residence of the deceased gentleman shortly after hiilf-past one, nnd proceeded to 8t Paul's Church, of whoso Sunday School he was tlio Superintendent. Arrived at the church, the coffin was taken from the hearse and carried into tho church by tho elders, the building being crowded. Tho Rev. A. B. Todd read an appropriate portion of the Scripturo and offered a prayer. Tho coflin was then returned to tho heareo by the Municipal Councillors, with whom Mr Falconer hnd so long been associated, nnd the procession started on its way to tho cemetery. Tho cldei-3 of the church conveyed tlio coflin lo the grave, around which a large concourse had assembled to see tho last tokens of respect paid to tlio remains of tho deceased gentleman. In oomplianco with tlio request of a number of friends, tho Sunday School children snng several verses of the hymn, The Sweet Byc-and-bve, and thus impressively took leave of one with whom they had been ro intimately and fondly associated. The ceremony was of a most impressive character, and the coffin, which was lowered by the relations of the deceased, was covered by beautiful (lowers that had been placed on it by the loving bands of the intimate friends of tlio deceased and the Sunday school children. Tho funornl procession was by fur thfl largest that has ever been seen m Oainaru, numbering übout 2000 persons, and for somo time before and nfler its progress through the town the business places wero closed, and a general holiday obeervod.