MICHAEL V. AHERN.

Tuapeka Times, Volume XVII, Issue 1026, 22 March 1884, Page 3

MICHAEL V. AHERN.

(To the Editor.)

Sib,— l was sorry to see in your last issue a letter signed by "P. Abern; " containing an unjustifiable attack on tho presiding Magistrate, and conveying a totally misleading impression of the facts of the case, and I think, as counsel for the plaintiff, it is ray duty to correct thi». The facts were that Ahem and Michael for four years had cross accounts, Ahem supplying wood and Michael meat ; consequently, Ahem was not paid cash, nor did he until summoned render any account for tht wood supplied by him. It is true, as stated by Ahem, that Parsons (Michael's foreman) swore that the price was to be Is 3d a bundle, but he also swore that he believed that was what he paid Ferguson during the last two yean he was supplying wood, but Ferguson contradicted this. Without going through the whole of the conflicting evidence, I may say shortly that it was proved that the price of wood was not at all times the same, and that Michael and Ahem had not made any agreement as to the price of the wood or the meat. On these facts, His Worship held that Ahem was entitled to the usual current price, which he estimated at Is 3i for the first two years (as Ahern's evidence was uncontradicted for that time) ; but Is a bundle was proved by Ferguson to be the current price for the last two years, and this was the amount allowed to Ahem. Surely this verdict it as unimpeachable from a common sense standpoint as it is in law. I am not surprised at a disappointed liligant thinking all manner of ill of the presiding Magistrate, as this is not uncommon, especially among the more ignorant; but I am surprissd that a paper of the standing of the Txtafbea Times should allow its columns to be the vehicle of such an unfair attack— an attack, which the Magistrate, from tbe dignity of his functions, is precluded from defending himself against. — I am, &c, F. H. M'Cot.

[We have not the slightest intention of allowing the Tuapeka Times to become the vehicle of unjust or penonal attacks, but it will always be our desire to give all parties a fair hearing. The fact that we expunged portions of Mr Ahern's letter making personal statements will bear this out.— Ed. " T.T."]