RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume III, Issue 138, 2 July 1872, Page 6

RESIDENT MAGISTRATE'S COURT.

Thursday, June 27. (Before E. H. Carew, Esq., R.M.) Howell & Loughnan v. Charles Hair.— The plaintiffs sought to recover from defendant (who is a farmer and storekeeper residing at Poison Creek) the sum of £l4 for depasturing fourteen head of cattle, defendant's property, on Mount Pisa Station, for a period of twelve months; together with a further sum of 14s. for mustering and yarding the said cattle. Mr F. J. Wilson for the plaintiffs, and Mr Allanby for defendant, who denied indebtedness.—The first ■witness for the plaintiffs was Henry Wilmot, overseer of the station, who stated that it was ■an understood arrangement that all those having ■cattle on the plaintiffs' run were to pay £1 per bead per annum for depasturing such cattle.— The defendant's solicitor having repeatedly interjected that this was not evidence, Mr Wilson replied: Well, once for all, Mr Allanby, allow me to say, that after twenty-five years' experience, I know perfectly well how to conduct a case ; and I will not have these continual interjections. I cannot tell what the answers will be until I put the questions.—His Worship directed Mr Allanby to refer to the Bench any objections be might wish to raise against the evidence for the plaintiffs.—Witness continued : Last Thursday, after leaving the Court, defendant came to me and offered to pay £lO on account of the cattle, as that was all he had. I told him I had no power to accept that sum.—John Beatiie, sworn, said : I am employed by the plaintiffs as cattle-ranger. There was a general muster of cattle about the end of October last. Defendant was present at the yards, and claimed fourteen head. His cattle were turned out, along with others, on to the run, and I have seen them repeatedly on the run since. I was present on Thursday last when defendant offered to p.iy Wilmot £lO " and cry quits."—Robert Kidd, sworn : Was present at the muster of the cattle running on Mount Pisa Station about the end of October last. Saw defendant there, and saw him claim some cattle. There were some which had no brands, and defendant cut the points off their tails. I paid plaintiffs for some cattle of my own at the same time.—Charles Hair, the defendant, examined by Mr AUanbv : I never rmide any agreement with the plaintiffs for depasturing my cattle. The cattle have been running upon an island in theChitha, opposite tha L'ndis mouth, for upwards of seven years. Have never paid anything to the station owners on account of my cattle. Have only ten head that T know of.—Cross-examined by Mr Wilson : I once paid Mr Loughnan £"2O indirectly for grazing cattle. During the last seven years I have never paid Mr Loughnan, or any one representing Mount Pisa Station, any money on account of grazing •cattle. 1 deny having made an unconditional offer to Wilmot on Thursday last. I offered to pay £1 per head if the cattle were found. I have been looking for them for the last seven days.—Mr Wilson said he must waive the item •charged for yarding the cattle. He admitted that a quasi-agreement only had been shown to exist between the parties.—His Worship said the defendant by offering to pay £lO " and cry quits," as had been proved by Beattie, had admitted his liability to pay for depastuting the cattle. Judgment for £lO, being at the rate of £1 each for depasturing ten head of cattle for twelve months; together with 19s. costs of Court, and 21s. solicitor's fee.

James Scott v. A. W. Allanby.—Claim, £lO 16s. Gd. for arrears of rent. The defendant confessed judgment, and his Worship gave a verdict for £ll 7s. Gd., including costs. W. Smithaji v. A. W. Allanisy. -Claim, £22 19s. Gd. for board and lodging. In this case the defendant also confessed judgment, and a verdict was given for £23 lGs. Gd., including costs. The plaintiff, addressing the Bench, said he would like to know how the money was going to be paid. The defendant interjected, "You have nothing to do with that, and you'd better hold your tongue." His Worship said the judgment given was an open one, and the plaintiff could obtain a distress warrant at once. The plaintiff intimated his intention of doing so.

Charob of Assault and Battery : £SO damages Claimed.—Mr F. J. Wilson stated to the Bench that in this case the plaintiff had engaged Mr W. W. Wilson ; and the latter, being very ill, had asked him (Mr F. J. Wilson) to apply for a week's adjournment. His Worship granted the adjournment, and ordered the plaintiff to pay 2Ss. expenses of witnesses for the clay.

SLAUGHTER-HOUSE LICENSE. The application of J. Richards, Bannockburn, for a renewal, was granted.