RESIDENT MAGISTRATE'S COURT, (Before G. G. Fitzgerald, Esq., R.M.)

West Coast Times, Issue 227, 11 June 1866, Page 2

RESIDENT MAGISTRATE'S COURT, (Before G. G. Fitzgerald, Esq., R.M.)

Vbiiuy, June 8.

There was no criminal business before the Court this morning, not even one drunk and disorderly.

CIVIL CASES.

Shepherd V. Mandy. — In this case, which was reported in the ' Times' of this morning, and judgment reserved until today, the Magistrate stuted that he wished to examine Mr O'Loughlin, who not being in Court at the time, the case was again adjourned to Monday, the 11th inst. Campbell v. M'llroy — For professional services. Judgment by default for amount claimed, L 3 12s and costs.

Archer v. Cole.— -The plaintiff sought to recover the sum of £3 2a 6d, made up as follows— £l 10s for conch hire paid by him to the defendant for a passage down by their coach (Cole and Co.'s) from Groy mouth to Hokitika, 15s for loss of time walking from the Teremakau to Hokitika, and 17a 6d expenses incurred on tho road. Mr. Ree3 appeared for tho plaintiff, and Mr Button for the defendant. The plaintiff, James William Archer, sworn, stated that on tho 30th May, ho took a paiaage at Bluketown l»y ono of Messrs Cole & Co.'s 'coaches to Hokitika, for which he paid 30i, and was told by their agent there that the coach would go through in one day. Witness proceeded ip the coach as far as the Toreinakau, where they crossed the river in a boat, expecting to meet tho coach that was to tuke them to Hokitika. Not finding the couch there, witness slept at the Teremakau that night, and walked into Hokitika the following day. By Mr Button : The agent did not tell them that as far as he knew they would get in that night. Did not hear the coachman say anything about the coach from Hokitika being stopped by the Arahura. This closed the case for tho plaintiff. The defendants' counsel denied that any special agreement was entered into, and pleaded further that the plaintiff had put it out of the power of the defendants to complete the contract by walking on to Hokiti'-a. Mr Button called Edward Smith, manager for Messrs Cole and Co., at Greymouth, who, being sworn, deposed that several men, amongst whom were the plaintiff, had taken thoir passages by the coach to Hokitika on the day in question. Witness told them that aa far as he knew the coach would get into Hokitika that night, but did not guarantee it and in his (witness') presence the coachman told him that the rivers might be swollen, which would prevent the coach getting into Hokitika at its usual time. John M'Donald, sworn, stated that he heard the coachman tell the plaintiff that he did not know whether the coach coming from Hokitika, which was to meet them at tho Teremakau, would reach there that day. William Simpson corroborated the last witness's evidence. William Crawley, manager for Messrs L G. Cole and Co., sworn, said that no agent was empowered by Messrs Cole and Co. to contract for performing a service, otherwise than with due diligence. James Parr, sworn, deposed, he was ferrymau at the Arahura, and that on the 30th May there was a very heavy fresh in the river, as well as a strong wind blowing, which rendered that riyor impasaablo to vehicles. The witness'had refused to cross a horseman ; and on the following day, when Cole and Co.'s coach crossed the river it was barely passable. In answer to a question put by the Bench, the witness said the coach crossed the river as soon aa it was possible with any degree of safety; Edward Griffith corroborated the la3t witness* evidence aa to the state of the river, and stated that he had ridden aa far aa the Arahura on his way to the Grey, but finding the river impassable had returned. The Magistrate was of opinion that no special agreemont had been eutorcd into, and as to the other point, whether the

company had dono thoir best to bring the passengers on, he Was of opinion they had, and gave a judgement for rhe defendants, with costs. »

Adam v. Morison, Law and Co — Thii was a suit by Mr Archibald Adam, formerly in the employment of the defendants at Invercargill and Hokitika, against Messrs Morison, Law and Co., for damage, said to be sustained by their illegally detaining certain deeds— constituting the plaintiffs title to somo sections of land in Southland. On the case being called, Mr Johnston, rising, said * "I appear for tho plaintiff in conjunction with my, learned * friend Mr C E Button, who will conduct the case. For myself, I have nothing mo— oro to say, your worship.'; The defendants were represented by Mr. Eeea. The plaintiff, being sworn, deposed that when employed in tho office of tho defendants at Invorcargill he deposited in their safe the deeds in question, which, together with others since returued, had been made up in one parcel by him : that he had since demanded the parcel mentioned, through his attorney, Mr Johnston, but only one of the three sets of deeds that it contained had been handed him by Mr Macintyre (defendants' agent here}, who refused to give up tho others until some claim in dispute had been satisfied by plaintiff. The plaintiff had learned that the deeds were in Mr Macintyre'a possession by receiving a letter from Messrs Morison & Law, at Invercargill, informing him that they had forwarded them to their house at Hokitika. Crossexamined by Mr Rees— Had never obtained permission to place the deeds in the safe, and had not got any receipt for them. Mr Johnston, who appeared to be excessively amused by the progress of the, case, several times interrupted the Court by his enjoyment of some jokp which was incom- v prehensible to every one else, and after being several times called to order by the Bench, the magistrate informed him that he believed' he was then half tipsy, and if he continued to conduct himself in that manner he would order the constable to see him out of the Court, Mr Johnston, rising, and bowing involuntarily, said, with much gravity, "I shall bow to the decision of the court." Mr Button here called Mr Johnston, ac witness for the plaintiff. On being sworn the witnessgave a rambling account of his connection with the case, several times contradicting himself. Mr Button, addressing the Bench, stated his inability, under the circumstances, to proceed with the case, and applied for a non-suit. The Court nonsuited the plaintiff accordingly, with costs. The Court was then adjourned, until eleven o'clock to-morrow.