Magistrate's Court.

Wairarapa Standard, Volume XVIII, Issue 1725, 26 August 1885, Page 2

Magistrate's Court.

GREYTOWN—TUESDAY. (Before Messrs Tully, Russell and Wood, J.P’s) Thomas Johnson was charged upon the information of Coleman Phillips with having feloniously taken and carried away one hundred fencing posts and one strainer from the property of Messrs Joseph and Phillips, Ward’s Line. The defendant pleaded guilty. The prosecutor asked their worships not to punish the prisoner for the offence but to caution him not to repeat it. Prom the evidence collected it appears that there had been a considerable amount of misappropriation of timber going on of late down about Ward’s line, and this prosecution might serve as a warning to all persons not to continue the practice. Their Worships, in dismissing the charge, cautioned the prisoner that had it not been for Mr Phillip’s request they would have been compelled to send him to gaol. The aharge was then dismisiad. CARTERTON-TUESDAY. (Before H. A. Stratford, Esq., R.M ) G. Kiddie was charged by Constable Darby with furious riding. Defendant pleaded guilty, and was lined 10s with lls costs. His Worship said the maximum penalty in such cases was £lO. J. Nielsen sued several natives respectively for small amounts, and obtained judgment by default.

Irvine Armstrong v E. L. Wakelin—Claim £i 8s Bd. This was an adjourned case from last Court day. Mr Sandilaud* appeared for plaintiff, and Mr Beard for defendant. The claim was arranged to be settled by arbitration before next Friday; failiug this, to be hoard in Masterton on Tuesday next. John Bay v P. Crewe—Claim, £2, lout. Defendant pleaded not indebted. evidence of James Sexton, Gladstone, the plaintiff was taken, and judgment given for the amouut claimed, with 36s costs, and witness’ expenses, 20s. U. A. A. Nicholson v C. 0. Beckett, proprietor of the Observer. This was a claim of £25 12a sd, amount alleged as balance of wages due to plaintiff. Defendant paid £4 4s 6d into Court as settlement. Mr Beard for plaintiff, Mr Sandilands for defendant. The plaintiff sworn, said he had frequently applied for the amount sued for. The defendant upon several occasions had informed him that ho had no money. Defendant had owed him £ll on an old wages account; asked defendant for the amount about five months ago, when he told plaintiff he would pay in a month. Defendant never disputed the amount, and the amount was still due to him (plaintiff); bwrt raked the defendant to show him bis indentures, when defendant fiequeutly told him they wero los«; after perusing indentures now produced found ho could not charge 45s per week wages, but 35s up to July. His wages would be 45s non if still serving under the deed of apprenticeship ; would submit to a reduction of 10s per week on amount charged from March 28 to July 4 ; admitted that from a total of £34 10s earned be had received £l9 5s 6d in various small sums on account; he now , sued for the balance £ls Ills 6d, lees £4 4s 6d paid into Court, which would leave a balance still due to witness of £ll 15s ; had not arranged with Beckett to allow the £ll old account to stand, but considered the instalments paid were in part liquidation of the whole amount.

Charles Gibbs Beoket, sworn—am a journalist ; the plaintiff is my apprentice ; he is not now in my service ; plaintiff asked me frequently to be allowed to see his debentures ; I told him they were mislaid ; found out about a week ago they were in Mr Sandilands office ; made the payments referred to on current wages running between March and July, not on old account, which I intended to pay in a lump sum ; made no arrangement with plaintiff, but I elected to pay in this manner. Owe plaintiff £ll which he has not sued for. The Bench said the plaintiff bad appeared to him to have disclosed his mind by some act at the time, so he would decide to give judgment for amount paid into Court, Under the circumstances be had come to conclusion that Mr Beckett had the right to eleet in which manner he paid the amounts. Mr Beard contended that the defendant bad no right to elect as to whether he would pay on the outstanding amount or the current one.

Judgment was given (or tbo amount paid into Court with 15a and costs. 87s, witnesses expenses 15s, professional f-<- -t‘is, 1 ■ •<ving a further debt of Cll outstanding -s ■ i-u •tod by defendant, which cm he sim i tors r .tely if not paid. Several small debt cases in which i i.Lment was confessed, were disposed of.