MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2657, 12 November 1909, Page 2

MAGISTERIAL.

THURSDAY, NOVEMBER 11

(Before Mr. AY. A. Barton, S.M.)

UN DISPUTED DEBTS. Judgment was given for plaintiffs as follows, in four cases in which the defendants did not appear:—Benjamin Taylor (Air. L. T. Barnard) v. Kai Toare- Tuhitoare £8 8s Id and £1 18s 6d costs ; AVUitni Astwood Friar V AViromu Kerckero £9 17s 9d, and £1 os costs; Albert Michael Lewis (Mr. Blair) v. Tena Morris, £3 9s 6d, and IBs costs; Todd and Douglass (Mr. R. U. Burke) v. Jas. N. Williamson, £39 12s 4d, and £2 14s costs. In the judgment summons ease of Frederick G. Lysnar (Air. L. T. Barnard) v. Ous. Manning, an order was made for the immediate payment of the balance of the debt £9 8s 8d or 10 days’ imprisonment in default. A LOST PROMISSORY NOTE. Walter J. P. Gaiulin (Mr. L. T. Barnard) sued AVilliam Guild Thelwull for £l2 and interest at ID per cent. Tlie plaintiff gave evidence that lie had received a promissory note for £l2 from t&c defendant, in October, 1908. The note,' however, had been lost. The claim being undisputed judgment was given for the plaintiff subject to an indemnity being granted with respect to the lost note. CHARGE DISMISSED. The charge against Harry Harwood of having stolen vegetables to the value of £7, the property of Alark Davis, came up for hearing. Air. Barnard appeared for the informant and Air. T. A. Coleman, defended. Mark Davis gave evidence to the effect that the accused was employed by him for a fortnight to sell vegetables which he took-'round in a cart. He took out, at times, £l2 of stuff. On Saturday last he stayed out very late and did not bring the horse and cart home at the usual hour. He failed, moreover, to account for his takings on the- vegetables he had been given to .sell The accused left witness’ place on Saturday and the latter did not see him till the Monday-morning. _ On being asked what time he had finished on Saturday the accused replied, “About ■a quarter to seven.” When asked why he had not brought the horse home, lie explained that he had wanted to be in town in the evening. In reply to further questions he said the cash bag and books were at his house. Harwood fetched the bag and! also handed the witness £3 18s 7d, his cash, which he said was the total for the week. He refused to account for the vegetables ho had taken out on Saturday. He produced a receipt for vegetables bought on the witness’ behalf. Tlie witness had given Harwood no- authority to make such purchases. By Air. Coleman: On Thursday last week the witness gave the accused notice. The accused did not give him notice, but was dismissed because ho wou!s not keep a proper account book. He believed the accused had started business in opposition “with my customers,” of course, said the witness. Air. Coleman: Now, is not that the whole cause of the trouble?-—No. John Patrick AA r ard, gardener, in the. employ of the’ informant, said he tallied the vegetables which l the accusedtook out on Saturday. Tie valued them at £5 18s 9d. Air. Coleman submitted that he had no case to answer. If there was anything to answer it seemed that it was an action for accounts. He admitted that the accounts were not entirely satisfactory, but in the case of a' laboring man doing a small cash business a certain amount of latitude should be allowed. Air. Burna-rd said that if this was so it would be impossible to bring half the people who came before the Court in cases like this, to justice. It had been proved that the accused had received vegetables to the value of £l2, for which he had not accounted, and reasonable inferences could be drawn from the facts in support of the charge. Mr. Barton said it would he more satisfactory if evidence for the defence w as called. The accused, in the box, said that no fixed price list was given him for selling the informant’s vegetables. He had to use his own judgment. He had

boon tola to sell at hotels at half price or thereabouts. Such vegetables as Davies had not got the witness was to Inly to keep customers going. Me bought vegetables during the week, and paid cash for them. Me -also purchased one or two 'other things in,, connection''with the business for which lie had receipts (produced). For the fortnight lie was employed by the informant he gave a credit amounting to £1 2s 6d to customers. For other sales ho received cash. Last Saturday one bag of cabbages had to be thrown away because they were bad. He was,not dismissed, but" gave Davis notice last Thursday. His Worship dismissed the case, but remarked that he thought the accused had brought a good deal of the trouble upon himself by not accounting satisfactorilv to the prosecution for his dealings.