RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2533, 17 February 1877, Page 2

RESIDENT MAGISTRATE'S COURT

FRIDAY. (Before W. Fraser, Esq., R.M.) BRYAN V. G-BIJTITHS. Claim, £10, damages... Mr Macdonald appeared for the plaintiff", and Mr Campbell for the defendant. On resuming— John Davis, a boy aged about 17, sworn, deposed—l am a cab driver, and was driving a cab on the Ist of January. I was near the scene of the collision. I was driving before Griffiths, and I met Mr Bryan. There was no vehicle between me and Griffiths' omnibus. Phillips' 'bus was before me, having passed Bryan's. I passed Bryan's just about opposite the grocer's shop. I was thirty or forty yards ahead of Griffiths when I passed Bryan. By Mr Campbell,:—l was driving a small four-wheeled 'bus. I was going to Tararu. I was ahead of Griffiths. I looked round when Mr Bryan slapped at the boy. I looked round because I heard the slap of the whip! I did not see the boy run away. lam Bryan's servant. I have had no conversation with Bryan about the distance. Mr Clark's cart was not there at the time.

George Meachem, sworn, deposed-rl reside in Grahamstown. I was !*dn Bryan's cab with another man when this; accident took place. Just before thei accident some sort of a carriage passed Bryan's. The collision took place near Leiih's store. I know the bridge across Boundary Creek. It was not near there. Before I felt the collision I took no notice of the relative positions of the cabs.

By Mr Campbell—l was sitting next the store. I think there was somebody between me and the driver. There was a great shock. I did not observe Bryan whip a boy at the tail of another vehicle. George Vidal, sworn, deposed—l am a cab proprietor. I heard of the collision between Griffiths' 'and Bryan's vehicles. I was present at an interview between Griffiths and Bryan some days after. Griffiths said that he might have been a foot over the centre of the road, and agreed to bear the expense of the broken axle if the vehicle was repaired at West's. Bryan did not agree, but said he would take it to Mackie's. The naves were dented. I could not see that the axle was injured. The springs were strained or broken. I cannot tell whether a break is recent or not unless it is rusted. I don't remember the day the conversation took place. Griffiths said that there was a spoke of his injured. This concluded the evidence for the plaintiff. , Owen Griffiths, recalled, deposed—The collision occurred near the old tailings mill, a little past the bridge. My wheels are higher than Bryan's. Davis was not near the place when the accident took place.

By Mr Macdonald—Some gentlemen on my 'bus did not feel the shock. I'm

certain that both, my wheels touched his.

John Girvan, sworn, deposed—l am a miner. I was on Bryan's'bus when the accident took place. It was about 20 or 30 yards from Lcitli's store. Immediately after the accident he said he would have me as a witness. I told him it would be no use, as I thought Griffiths had given him his fair share of the road. A boy was haDging on behind a spring cart and Bryan cut at him. I know it was Clark's cart. The horse was a bright bay and had a white face. I did not see Davis' wagonnette, By Mr Macdonald—l have had little conversation on the matter.

William Bennett, sworn, deposed—l am an amalgamator. I remember a collision between Griffiths' and Bryan's omnibus. The collision took place near the Lisburn Hotel. Bryan turned round to whip some boys hanging on to a trap. When the collision took place Griffiths' 'bus was as close to the edge of the road as it could go. Bryan went on some distance before he pulled up. I think the cart the boys were hanging to was Clark's the grecer. The collision was so slight that I thought very little of it. When I saw him coming I thought he would run into us.

By Mr Macdonald—lf Griffiths had gone three inches further to the seaward lie would have capsized. Griffiths shouted for Bryan to look out. Some of the passengers cried out, " Look out, Griffiths, or you'll be over."

Henry Ladnor, sworn, deposed—l am a carpenter residing in Shortland. I remember the collision between Griffiths' I and Bryan's coaches. I was on Griffiths'. There was a spring cart —a two-wheeled one—in front of us. I don't know who was driving it. Bryan made a strike dt a boy behind the trap, and the horses swerved a little and came towards Griffiths. If we had gone over much further we would have capsized, as there was a fall from the road to the railway. The collision took place just near Boundary Creek Bridge. I only know Griffiths by sight. It was on the Tararu side of the "bridge that the accident took place. By Mr Macdonald—Griffiths drew his horses as near to the sea side as possible.

Mr Campbell addressed the Court, pointing oul that all his witnesses except Girran thoroughly contradicted those of the plaintiff concerning the position of the accident, and differed as to whether the vehicle the boys were hanging on was a wagonette or a spring cart. Mr Macdbnald also addressed the Court.

His Worship said he would not give his decision to : day, but would hear Clark and have a look at the place again.

BINNEY. V. WILLIAMS

Claim, £"4, amount of a wager. Mr Campbell appeared for the plaintiff and Mr Macdonald for the defendant.

Mr Campbell stated that a sum of money was deposited with Mr Williams, half by Mr Binney, and half by another party on the result of a certain event. ; If Mr Binney caught a horse and brought it into town within a certain time, the money was to be handed over to him. He had brought the horse in, and Williams, who was stakeholder and umpire, refused to give it to him. It was not abet (laughter), only a prize. Mr Campbell pro-' duced authorities showing that His Worship could order the money to be handed over. He said he believed the defence was that Mr Binney had assistance.

Kis Worship consulted several authorities, and said that they would have no case, as the only thing they could have done was to withdraw, their stakes before the event, and if the stake holder would not then pay the money they could come down on him.

Mr Macdonald said that the law on which Mr Campbell had set up his case had been repealed. He produced an authority on the .subject. His Worship asked why Mr Williams had refused to pay the money if Mr Binney won it. Mr Binney said they said lie had taken assistance. He had gone to Mr Avenell and said he had a bet on to catch a horse, and said he would go him (Avenell) halves if he would lend him his horse to catch it. ": ■■ .' ' ; •■ ]" ■ V. ■ :

Mr Williams said he had the remainder of the stakes in his position, and had wanted them to give the money to the hospital. He wanted to get rid of it. It would be the last time he would ever hold stakes.

Mr Binney said that he had only some whiskey out of the money, while all the others had several drinks. He wished he had taken gin.

After some further discussion, which caused considerable amusement, c His Worship non-suited the plaintiff, but without costs.

Court adjourned.

THIS DAY. (Before H. Goldsmith and E. W. Puckey, Esq., J's.P.) VAGRANCY. Mary Brown, on remand, was to be charged with having no lawful visible means of support. Mr Sub-Inspector Bullen stated,that the defendant had been remanded yesterday to be sent to her friends in Auckland. The boat had left this morning, and she had been sent away by it. He made application for the withdrawal of the charge. Withdrawn accordingly. STEALING PEACHES. Frederick Hollis, a boy aged about 13 years, was charged with stealing peaches j from the garden of William Fraser 3 at Tararu, on the 13th inst. Mr Sub-Inspector Bullen stated the circumstances of the case. . Defendant pleaded not guilty. Henry Bherens, sworn, deposed—l am in the employ of Captain Fraser, at Tararu. He.has a garden in which there are peaches growing. It is fenced with a paling fence. I recollect Tuesday the 13th inst. I was working in the garden about 15 yards from the house, and the peach grove is 30 yards from where, I was working. Defendant came and asked me for some peaches, and I said there were none to spare. He went away down the path as if he was going to the road. He went through the first gate, but I could see he did not go through the second. My suspicions were aroused at not seeing him go through the second gate, and I went down and heard a noise in the peach trees, and after searching I saw the defendant jump over the fence and a peach fall from him. I caught him as he jumped over, and he asked me to let him go and he would not come in again. I took him to Mrs Fraser. He broke several palings. I took him to the gaol, and met defendant's mother and sister and a man, who took him from me. Bernard Wolfe, a little boy, deposed

that he had seen the defendant go into the garden. He saw a peach drop from him as he came out again. Detective Brennan, sworn, deposed— In consequence of instructions I went to see the defendant on the ]3th inst. He said that his mother sent him for peaches and going up he met Bherens, who said he had none to spare. He was going up to ask Mrs Fraser for the peaches when the man seized him and was taking him to Grahamstown, when his mother interfered and made him let him go. He also said he was not in the peach grove, nor did he take any peaches. Defendant said he had taken no peaches at all. He was fourteen years old. Sentenced to seven days' imprisonment with hard labor.

Court adjourned.