MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 2296, 23 January 1891, Page 2

MAGISTERIAL.

ASHBURTON —THURSDAY

(Before Mr 0. A. Wray, R.M.) The following is the conclusion of yesterday's E.M. Court:— .1LLBO.KI) THREATENING LAKGUAOiK. Julia Brown threatened him with an iron bar. Left- the trap to get; out of the row. Afterwards drove Croiiin and his •beer home. Morris Brown, a brother of Julia, said ho saw Cronin trying very hard to throw Kane out of the trap, and afterwards Kane got out of the trap. Saw them struggling together with .1 hold of each other round the body, and Julia made two or three attempts to strike Knno with an iron bar—two-thirds of an iron fencing standard. Kane did not use the language attributed to him, but Cronisi said that he could have bought a section from Laraman £20 cheaper than he did if it had not been for Kane, and he would yet have £20 of .strangling out of him. His worship said the evidence was very conflicting, but he did not think there was much foundation for the charge, which he dismissed. CIVIL CASES. H. Dodds v P. F. Clayton, £2 2s 6d for a suit of clothes, paid m advance but not delivered, and the amount nob refunded. —Judgment for plaintiff by default. Cox v Similar, £3 los 9d.—Judgment by default. W. Stewart vR. Lambert, £2 13s 6d. The Magistrate said plaintiff's books were so badly k°nt that it was impossible to understand them. After going through j the items, and making allowance for what 'defendant denied owing, and what plaintiff admitted to defendant's credit, only 7s would come to plaintiff. Judgment wonld be given for that amount. Bank of New Zealand v Benny, £79 11s 3d on a dishonored bill.—Judgment for plaintiffs by default. Primmer v Welsh, £20. This was an interpleader summons. Mr Cuthbertson appeared for Welsh, and Mr Wilding for the execution creditor. Primmer obtainee judgment against W. J. Welsh for £20, and execution was enforced by Primmer, the bailiff seizing the racing mare Coringa, then the supposed property of W. J. Welsh. Nicholas Welsh claimed proprietorship m the mare, and so that she might fulfil her engagements, he paid the bailiff under protest. Mr Wilding's contention was that the pretended sale by the son to the father was only a colorable transaction to defeat the execution creditor. Nicholas Welsh said that he sold the mare to his son W. J. Welsh for £27 10s, and he also bought for him two horses from Williaipis and Bland ; m all, his son owed him for horses £47- Pressed him for a settlement, and on the Sunday before the Tinwald races, the son came to the house asking for money to pay his acceptances m the races. Refused to give him any, but ultimately arranged to buy from him the mare Coringa for £53, giving him a cheque for £6, and an acquittance of the £47 deb\ and receiving a receipt for the amount and mwe. Gave her to another son to train. She was seized on the 31st December and witness had to release her under protest to enable her to fulfil her engagements. She was entered at Rakaia m the name of Palmer as owner, and ran there there on the 20th December. She ran second m the Ladies' Purse, and witness entered a protest m his own name as owner of the mare. The protest was held over. She ran at Tinwald on Ist .January m witness' own name, and was entered on the clay he bought her. Ran her at Rakaia iv .another name as he had been told his credit would be stopped' if he got mixed up with racing. Had never denied ownership of -the mare to Walls the jockey, but had given £2 to his son to pay Walls, declining to give more. The mare, was left at witness' daughter's place at Rakaia, and remained there until she was seized by the Bailiff of Court. The reason why she was left there was that sho was intended to run at Tinwald, and it was not wise to shift her and put her off her feed. James Welsh, son of last witness said that on the 29th Decemlast, his father came down to Palmer's stable (his brother-in-law's) and told witness, who was living there m charge of the mare, thathehad bought her. He asked witness if he would take charge of her until after the mum. His father had hold of her then and took her out of the box, wanting to take her up to his own place. Witness said the shift would upset her, and advised him to let her remain where she was until after the races. His brother, W. J. Welsh, was present at this time, heard all that wag said, and handed the mare over to him. The mare was m witness' possession to his father's order when she was seized by the bailiff. W. J. Welsh m the main corroborated his father's evidence. The mare ran m the Ladies' Purse at Rakaia m the name of his sister, Mrs V. J. Palmer, Mr Wilding called L Oxley, Secretary to the Rakaia races, who said the mare was entered at Rakaia by James Welsh as the property of William Palmer. Nicholas Welsh entered a protest against the winner of one of the races, and signed himself as owner of the mare Coringa. His Worship said he would reserve his opinion so ! that he might have an opportunity to look up authorities as to whether there had been a legal change of possession.