RESIDENT MAGISTRATE'S COURT, WELLINGTON, Monday, 26th January. 1863.

Wellington Independent, Volume XVII, Issue 1839, 7 March 1863, Page 3

RESIDENT MAGISTRATE'S COURT, WELLINGTON, Monday, 26th January. 1863.

Before Henry St. Hill, Esq., R.M. Burne v Carter — Action to recover the sum of £1 8s 3d, for goods sold and delivered. Mr Izard for defendant. Defendant pleads not indebted. Joseph Burne, sworn, — Is a draper living at Wellington. Claims from James Carter, the defendant, tho sum of £1 8s 3d, for goods sold to him on the 16th September, 1862. Is not quite positive as to the date of the delivery. Defen- ! dant's wife came into witness' shop on that day, and asked to look at some window union. After looking at tliera alio agreed to take IS yards ofone kind, and 8 yards of the other. The price was agreed upon. Witness cut off the material directly she had left the shop. Found that one of the pieces was a remnant of 13 yards, and witness sent the remnant with the other 8 yards. Cannot be positive whether it was delivered that same evening or the next morning. In the month of Deoember sent the account_ia ; it contained eome

other article besides. Defendant called and stated to Witness that he had never had the articles specified in the account filed in Court. He at the samo time shewed witness an account receipted by witness for one of the articles'' named in that account. Witness saw his error in that respect but stated to defendant that the other articles were not paid for. Defendant repeated that he had never had the other articles. A day or two after, wrote to defendant for.payment. He replied again, that he had never had those articles, and suggested that they might have been supplied to some other person, but booked to him. By Mr Izard.— The first account contained some drugget. My young man did not suggest that the drugget had been paid for. Has no recollection of his having done so. Served Mrs Carter at what is called the haberdashery counter, on the north side of 'tho shop. James Riddick, his shopman, was present. Has no recollection of any customer being present. Books the articles immediately after they are sold. Has no recollection of any|other person having purchased window holland on that day. Is* positive that no one else bought window blind on that day. William Riddick took the articles to Mr Carter's house. Did not see him take them from the shop. Did not say anything to Mrs Carter about a larger quantity having been sent than ehe had ordered. Did not send an account with the goods. Is strongly impressed with all the circumstances as he himself took the order from Mrs Carter. William Riddick, sworn,— Lives with Mr Burne, the plaintiff. Remembers having taken some artieles from Mr Burne's shop to Mr Carter's ; but cannot tell either the day of the month or the month itself It is about three months ago that he took the last articles. Cannot tell what those articles were. They were done up in a parcel, eneased in thin.paper. It was in the afternoon part of the day that he delivered the parcel. Gave the parcel to a young woman at the front entrance of the private building. Ia not in the habit of entering in a book any parcels that are taken out of the shop. Took a parcel that same day to Mrs Dogherty's at Te Aro. Does not know what that parcel was, but thinks it was a dress. Mr Burne asked witness two or three days ago if he were sure that he had delivered the parcel to Mrs I Carter. Told him he was quite sure. ! By Mr Izard.— Does not know the young woman to whom the parcel was delivered. Does not i think he should know her if he were to see her again. Did not take notice' of her face. The last previous occasion that he took a parcel to Mr Carter's was about thiee months previously. Cannot say if it was the same young woman who took both parcels. It is about two or three months ago that he took the last parcel. It is three months at the outside. Recollects the last occasion because he took it to the front door. His practice was to go to the back door, Mr j Burne had asked witness several times it he recollected delivering the parcel. There had been a ! good deal of talk about this matter in the shop. j His memory is not stronger now than it was when 1 Mr Burne first asked him if he recollected that circumstance. The defendant called the following witnesses. I Mary Ann Carter who is sworn as the wife of the defendant, is quite positive that she never went to Mr Burne's shop in the month of Septem- . ber last, to purchase any window blinds. Remembers that period of September particularly referred to, as her husband left Wellington on the 16th September, and was absent for a month. Her children was very ill at that time, and she did not go out of the house for a whole week at that period. Mr Burne did not send any window blinds at that time to witnesses knowledge, as she did not require any, nor had she purchased any. Mr Burne sent in an account containing some other article, besides the window blind. I went to see Mr Burne's assistant (James Riddick) on the subject. I told him the aceount was quite incorrect about the blinds as she had never ordered any. Has no recollection of any parcel coming to their honse from Mr Burne's, since the month of June last, when the drugget was bought. That is the only article that witness ever bought from Mr Burne on credit. James Riddick, told witness, that he had spoken to Mr Burne about his charging for the drugget when it had been paid for. (Receipt put in by defendant of payment of drugget on 7th July 1862). By Plaintiff.— ls quite sure that she never bought some Window Union at his shop, in the month of September last. Is quite sure, that had sho done so, she would have recollected it. Has turned the matter over and over again in her memory, but as she has not had any article of that kind, since the beginning of 1862, when she had some, she is quite positive, that no article of that kind has ever come to her house. Fanny Woodward, sworn,— lived as servant with Mr Carter, tho defendent, in the month of September last — left his service in October. Is quite certain she did not leave in September last. Knows Mr Burne's lad William Riddick, never saw any parcel that was left at Mr Carter's by hira in the month of September last. Witness usually opened the door. Never saw any new unmade window blinds about the house, about that time. There were no new blinds wanted in the house then. There was only one other female servant at Mr Carter's house at that time. Ann Connell, sworn, — lives as servant at Mr Carter's, and has been there for the last 8 months; Knows Mr Burne's lad William Riddick. Is quite positive that she never took a parcel from him at Mr Carter's house, in the month of September last. Never saw any new window blinds about the house at that time. Had there been any she must have seen it. The window did not require new blinds then. By Plaintiff.— » We help to do the needle work for plain things at Mrs Carter's, and that is the reason she would have seen the holland if there had been any. There has not been any new blinds mado for the house since witness has been there ; there has been another maid servant come since Fanny Woodward; there was a nurse for Mrs Carter during her confinement in part of the month of May and June ; there has been no other female servant since. (The next witness having been subposnaed by defendant this day during the trial, but not called, plaintiff desired to have his evidence, which was objected to by defendant's council — the Court how. ever called him.) James Riddick sworn,— -Lives with Mr Burne as a shopman ; recollects Mrs Carter coming into Mr Burne's shop aud looking at somo holland blinds ; was called away to another part, and does not recollect what took place. Thinks this about three months ago, but recollects Mr Burne making the entry in the Day Book ; does not recollect the day of the month, but knows it was in September last. Had he not seen the entry in the book, and speaking of that circumstance as a matter of recollection, should have said it was only two or three months ago; came into the shop a few minutes after Mrs Carter had left the shop, and saw Mr Burne measuring the window blinds. The blinds were made up into a parcel and direoted " Mrs Carter Union Bank;" gave the boy, William Riddick, the parcel, and read him the address, By Mr Izard. — Witness sometimes makes out the accounts, and Mr Burne sometimes; the account oontaining the drugget and the blinds was mado out by Mr Burne ; never told Mr Burne that the drugget had been paid for ; did not see tho | amount , told Mrs Carter that had he, witness, made out the account, he would have inquired about the drugget having been paid for; Mrs Carter was seated on a chair in the shop when she ordered the blinds ; did not see the entry made in the book, but saw it soon after ; there was not many customers in the shop that day , Adjourned for judgment to the 27th instant.