RESIDENT MAGISTRATE'S COURT.

Wanganui Herald, Volume X, Issue 2697, 4 February 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

Feiday, Femitjahy 4th, 1876. ■ (Before Dr Giles, R.M.) CIVIL. Bett v. Leslie. Claim.— £l9 6s 2 for goods sold and delivered. In this case the plaintiff, through his attorney Mr Home, proved the delivery of the goods. Mr Hodge, who appeared for defendant, submitted that as his client had backed plaintiff's bills to a considerable extent, an agreement was made that this and other little accounts should not be charged, but allowed as commission for the accommodation. Defendant being sworn gave evidence to this effect;, and stated that he had refused to pay on several occasions on this ground. Judgment for amount and costs 19s. Execution to be stayed for a weok in order to allow time for a settlement of accounts between parties. Same v. (reorgo. Claim. — £3 16s. Judgment by default for amount and costs 10s. Same v. H. Brown. Claim.— £2 13 7d. Judgment by default for amount' and costs 10s. Same v. H. Eevell. Claim— £B 2s 6d. Judgment by default for amount and costs 10s. J. Duthie y. D. Murray. Mr Hutchison for plaintiff. This was a case in which plaintiff elainied the amount of £89 2s 6d, paid on a promissory note. John Duthio, sworn, deposed that the note produced was one which, was made by E. S. Low, on which he had put his name simply as a matter of accommodation to defendant. Had paid it the day afterbecoming due. To defendant — You admitted the claim on the second occasion, but made little reply at first. By Court — Defendant never repudiated his liability. To defendant — I stipulated that your name bo-put there before mine. Defendant stated that Mr Duthie' s name had been placed on the bill merely as an accommodation for Mr Low. Judgment for amount claimed and costs £1 17s. E. Eoss v. M. McLean. Detinue. Mr Hutchison appeared for plaintiff. He stated that the plaintiff sued for the delivery of a box that belonged to ths estate of his deceased brother J. Eoss, or failing its recovery, the sum of £75. The evidence of plaintiff which had been given at Switzers, Otago, under the Eesident Magistrate's Evidence Act, was put in, as also a letter from the deceased.

J. C. Freeth, sworn deposed that lie was a resident at Turakina. Knew the late James Eoss, and was aware that he owned a and house there. Had been in his house, and seen there a large box. Could not swear that lie ever lived in it ; but was often about it. Did not know of his o*n knowledge where James Eoss went, but believed he went north. Had never seen him. return. To the Court. Saw the chest while defendant lived in the house,as also when Mr H. Cameron lived there, j^ever saw the chest open. Charles Cameron residing near Tuvakina, remembered James Eoss in. the district. He left about 1870. He left nothing in my charge. Eoss lived with me nearly the whole time. He lived about two months in his own house. I saw the chest when he lived there. Defendant lived there after plaintiff. The chest was there then. It was a tool chest. It was his property. I got the key of the box after he wrote to me from Levulca. The letter produced is tho one. (In this letter James Eoss asked witness to forward his tool chest and pormanteau) Sent for the key to his nncle And got it. McLean had left the house but the box remained. I kept the key of the box. The reason the box was not sent was because communication was interrupted. It was never sent, and he wrote to me not to forward it. (Letter of instructions read.) The next news was that James Ross was murdered. I never again heard of him. Cross-examined by Mr _ Hodge. — I saw his tools, but have no idea of the value of the box. I never looked inside the box. When I intended to send the box defendant had no objection to my sending it ; in fact, he was to help me. I do not know what Mc'Loan had to do with the house. Re-examined. — Eoss was a good mechanic and used good tools. By Court. — M'Lean at once offered to help me to send the box. The portmanteau was ab his house. • Hugh Cameron of Turakina, occupied the house of James Eoss "Went to live there in 1872, and bejn there since. The large chest was there when I went. It was a heavy box. I got an order to send it away. Ifc was from Murdo Me/Lean. He came himself, and brought a carrier. I helped to lift it out. I addressed the box to Wairoa. I addressed it to defendant. It would have to come through Wanganui. This was about six or eight months asro. ein application was subsequently made for the box by Mr Freetli on behalf of the brother of James Eoss,

Jon M'Lennan, a carpenter residing in Turakina, never saw the chest and knew nothing about it. Know James Eoss as a carpenter, but knew nothing of his tools. Had been to Mr McLean's hous.e, but saw no tool chest there. (Witness here assured the Court that he knew the valuo of his oath, but of nothing else.) Ho never told anyone that he knew the value of the tools in the box.

By Mr Hodge— A. chest alone would be about £4. If full of tools it would be worth about £-10 or £50.

G-eorgo Hutchison was here sworn, and stated that lie acted under instructions from Dunedin to recover the box from Mr M'Lean. He refused to give up the box, but gave no reason. v . Wrote to him subsequently, and received no answer.

Cross-examined by Mr Hodge — My authority to receive was never questioned.

Walter Jones, carrier, remembered taking a box from Turakina for Mr M'Lean. It was a good sized box, and must have coi-tained a considerable quantity of heavy articles. This concluded the case for the plaintiff.

Mr Hodge raised several objections to the case being gone on with further, as^ there was no jurisdiction, both plaintiff and defendant residing out of the district. Mr Hutchison said that Major Edwards hal jurisdiction to £100 from Otaki to Mount Egmont. It would be an anomaly if a case which was properly before the Court in December, when it was adjourned, was not properly before the Court now. Judgment deferred till next Court day.

LARCENY.

James Julian was charged with having stolen a watch.

Winiata deposed— l was at the Railway T-lotel on Wednesday evening last. I took off my waistcoat in the hotel on that occasion. I had my watch in my waistcoat watch pocket at the time. The watch and chain produced are my property. The prisoner was present and saw me take my waistcoat oil. The waistcoat was put down close to where the prisoner was. I saw my waistcoat next day on one of the canoes my mates were watching. I saw my watch yesterday for the first time, when the Sergeant showed it to me, and I identified it as my property. I value the watch and chain at £5. I was somewhat under the influence of liquor at the time. I took my waistcoat off to fight with a European. I never gave the watch to prisoner. I afterwards looked for my vest, but could not find it.

By Pzisoner — I never gave you the watch at the Hotel.

George Purches deposed — I am a baker, residing on the River Bank. I know the prisoner. Prisoner came to my place of business yesterday (Thursday) morning at 20 minutes to 10 o'clock. Prisoner said he would leave the watch produced (he said his watch) as security for 10s. I gave him the 10s. lam quite sure prisoner said it was his watch. He came afterwards in a stxte of liquor and wanted to borrow another lUs, jwhich J.re^ fused, to let him have. I handed the watch to Constable McLenaghan. I value the watch at about £1 10s. It is a geneva watch. Prisoner came again in liquor and wanted to borrow a halfcrown on the watch, which I refused to give him. He appeared to be sobei\in the evening, but had evidently been drinking. Prisoner said if I gave him the lialf-erotra he would not trouble me any more about" the watch. Prisoner at the time he asked for the 2s 6d, said another little man had stolen the watch from a Maori. „ Prisoner asked me not to split on him. I afterwards handed the wacch over to the police. Sentenced to six month's imprisonment. This concluded the business before the Court.