MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2556, 17 July 1909, Page 5

MAGISTERIAL.

FRIDAY, JULY 16. I . (Before Mr. W. A. Barton, S.M.) AN ASSAULT CASE. Merikamu Karamea, an elderly Native woman (Mr Hei) proceeded against James O’Dowd -(Mr. Sainsbury) for an assault alleged to have taken place, on June 21. The informant stated she had lived with defendant about 15 years, but ha/d left in June last on account qf the assault. The quarrel arose over a paper which she refused to give to him. When .she would not givo the paper up he pushed her qptside and kicked her. She was kicked once inside and once outside by the house by the defendant, who had heavy hoots on. By Mr. Sainsbury: She took her grandson’s crutch to defend herself when O’Dowd attacked her. Defendant took it away, and got a knife, and said he would murder her. He tie/d her hands and put a rope round her neck. He asked a Maori woman, Takapuna, to take her away. Walter A. Burnand, carrier, and G. Brown, carrier, gave evidence as to having seen the assault. His Worship said he considere/1 it a most brutal and cowardly assault, and he did not think he would be doing his duty unless he inflicted a substantial penalty. Defendant, who hajd already been convicted three times for assault, was fined £5, and costs £2 2s 6d, in default 30 days’ imprisonment. CLAIM FOR COMMISSION. W. J. P. Gaudin (Mr W. L. Rees) sued A. Harker (Mr Blair) a claim for £SO commission on the sale of a property. Plaintiff gave evidence that he met defendant at the end of 1907 beyond Motu, and again in January, 1908, when the defendant gave an authority to sell his property. Plaintiff endeavored, without success, to sell the property, and went to considerable expense. On June 29, 1908, he wrote to Harker Bros, stating that the propertyhad been submitted to several probable buyers. The defendants wrote to him on June 12, 1908, reducing the price to 35s per acre. No other agent was acting. On Mareh 20, 1909, plaintiff saw James Kelly, gave him particulars of the property, and took him up, arriving on March 27. They went over the property on the Sunday, and Mr. Kelly authorised him to offer £ISOO for the place as a going concern, exclusive of Government mortgage of £6OO, and liability under the Swamp Act of 17e> 6d. Harker came to an agreement for 1550 cash, and an agreement was drawn, up and signed. Defendant wai supplied with a. copy. Kelly paid Harker £5 as a deposit, anS defendant arranged to return to Gisborne when Kelly had returned from Wellington, when a settlement would be made. Darker and Kelly met about the 22nd April. and had several meetings at plaintiff’s office. Kelly eaid he was {doubtful if he would be able to get the money in the time stated. Harker said thatthe transaction must be settled TJy the 29th. Harker and Kelly agreed to an extension of ten days’ time. On May Bth plaintiff saw Kelly and Harker in his office, when Kelly said he was anxious to complete the contract. Nothing was said about giving up the contract. Harker at this time said that he intended to force like settlement of the contract. Harker the same day said he had been talking to a Mr. Christopher about the place. Witness said, he ha}d submitted the property to Christopher several times. On May 10 H.arker and Kelly were in big office. Barker then said Christopher had told him (Harker) that he had not received particulars of the property from any 'and agent in Gisborne. Witness said Christopher must have been mistaken as he had offered him Barker's propertytogether with another adja-.-ung t*r - perty. Harker said he did net intend to release Kelly, t-ut he woni-J take Christopher t-o see the propercy. Barker said that he (witness) had been put to a lot of trouble and expense, and no matter what happened he would get his commission. He saw defendant m the street after the property had been, sold to Christopher, and he said he (defendant) would call at his office, but he did not do so.

Mr. Rees applied for an adjournment to enable the contract of sale from Harker to Kelly to be produced. Mr. Blair said that Harker had not got the contract, which vas in* Kelly’s possession. _ • _ Mr. Rees said that, in that case, he would apply for a non-suit in order to allow him to obtain the contract and commence proceedings afresh. His Worship granted a non-suit, with costs, £4 16s.