COAST COURTS.

Gisborne Times, Volume XLV, Issue 4003, 9 August 1915, Page 3

COAST COURTS.

TOLOGA BAY CASES

Besides the eases already reported from Tologn, two others of mi interesting nature were heard. The first tins the case of C. Waid v. F. Hall and Sous. Judgment had been given at the last Court for plaintiff for £77 18s and defendants, for whom Mr. J. (.;. Graham appeared, made application for a rehearing on the grounds that additional evidence had been found. The application was opposed by Mr J. R. Kirk, acting for plaintiffs, and was refused, £2 2s costs being allowed to plaintiff. The other action was one in which T W Hammond (Mr Mead) sued C. Davies for £2 IDs lOd Lor damage done to a “jack.” Hammond was working at House’s mill, where a man named Davidson was jacking no a log. Davies was passing in his waggon and Rouse called, out and asked him to £ lv ' c ' Davidson a hand. This he did ami when he had just about got the log on the skids, the handle.of the jack slipped. and the log fell on the jack amt broke it. Plaintiff churned that through the negligence of defendant the jack was broken. Mr ivnk oi tlvo defence, submitted that, defendant was not a trespasser,diaviug been asked to assist that there was no negligence on bis part, that, he was acting gratuitously and that there was no ease to answer. Mr Magistrate (Mr 11. S. Florence g.M.) reserved judgment, . Some orders were made m Judgment summons eases. In the case o Thornton v. Ban Vautau. a claim ior £2O 9s 7d, which was dismissed lastcourt day, am order was made.

PORT AW AN 111 SESSIONS (From Our Own Correspondent.) PORT AWANDI Aug b. The quarterly sittings of the Magis- , irate’s Court were held here yester- , dav, the Alagistrate (Mr K. feto«.o Florance, SAL,) and Messrs J. RKirk, H. Hei, J. G. -Graham J. J■ ; Mead and E. Hooper (interpretei) b~ , ing present. There was the. usual large hath oi summons cases on the civil side, most of which were settled out of Couit. The only defended civil case was a i claim bv W. A. Morgan (Mr Graham) , against the Port Awamu Dumping , Co Ltd (Mr Tv irk) for £4 for woik ; done. Defendants paid into court; the sum of £2 7s 6d and. after marine evidence, judgment was entci‘ .. for plaintiff for this amount. Solicitor's fee (£l. Is) and costs of Couit were allowed defendant. , Un the criminal side Maori Babb l n <->- tou was fined £5 and witnesses expenses for using indecent language . •ilid John Watson VlO and witnesses expenses for using obscene language. f-len are Brown (Air Kirk) pleaded guilty to theft. There were two pievious - convictions and he was lined , <jr> and costs. . , , . ! AValt-er Saunders (Air Kirk) pleaned : guilty to taking liquor into a, Maori kainga. , , Counsel stated that Saunders mid been in the district for only six wmews iuhl lie was living in.- n house at lik!- ; iiici which happened to bo within Cm Maori settlement and 1m had whisky there for his own use. ruder the circumstances, the Magistrate said, lie considered a fine of £1 and costs (9s) would meet tlm case. Tipmm Manama (Air Kirk) was charged with taking liquor into a Maori kainga and pleaded not guilty. Constable Duddy stated thac, v.c*ompanied by two other constables, and acting under search warrant, ne visited’defendant’s premises at 'I iutiki and found defendant lying under a blanket with an empty beer bottle beside him. He appeared to be under tlm- influence of liquor. Mr Kirk did not call evidence, but submitted tliattthere was no proof that defendant had introduced liquor. Lis premises w ere used as an eatinjg house and were frequented by numbers oi Alaoris. , 'Hie case was dismissed. Mori King (Air Kirk) was charged with cruelty to animals and pleaded not guilty. Evidence for the prosecution was given by Graham Aupuri, Geo. Kirk, J.P., and J. AlcKcddy, a stabmkceper. • ~ Defendant was alleged to have, ridden his horse between Tikitiki and le Araroa. a. distant (the police stated) of 20 miles, in 2\ hours, when the roads were very heavy. On arriving at To Araroa, the horse died. Evidence for the defence was given by a native and a native woman, who had accompanied King on the J ol | r_ ncv. From this it appeared that me horse, which was a small one, had suddenly plunged into a big river aim counsel contended that, this, and no over-riding had caused its death . Tlm easy-, was dismissed A native named TV 1 Hoehoe (Air Kirk) pleaded guilty to being drunk when in charge of a horse aml "as fined I.os and costs (9s 6d). , Thomas William Cook was ion m miiltv of theft and fined £2 and costs. A voting native named Kaimaua, on two charges of theft, was sentmiced to three months’ imprisonment in Gisborne gaol. In tlie Juvenile Court a- la d - whom Air Kirk appeared was chai„c< with having firearms in his possession and with theft. A plea of guilty in the first case w«.s entered and the boy was ordered to come up ior sentence when («i,iO,.i upon, the father to pay tlm costs incurred. The charge of the It was <<>' s missed. , Two children, for whom Mr b n v appeared pleaded guilty to breaking an insulator and were admonished and discharged, the parents to pay cue costs imairreOi

WAIPIHO BAY. (From Our Own Correspondent.) WAIPIHO BAY, Aug. 5. 'rim quarterly sitting of the AVannro Bav Police. Court was bold here on Fri'dav last before Mr It. Stone hloranee/S.M. The lawyers present wore Messrs J. R. Kirk, H. Hei. J. d. Mead and J. G. Graham, whilst constable. Snow conducted the cases lor tho no!ire. There were 59 civil eases and 29 orders wore made on judgment summons. F. Rodgers admitted haring n il fully damaged a. window valuer at Cl the property of Mr B. Tav or and was lined £1 an costs /s, plus amount of damage done. ‘ Four ixM'sous were charged with broaches of County by-laws relative to width of tyres and wore fined sums varying from !0s to 20s and costs. Three native youths were charged with negligently riding horses along main road at Tuparoa and were lined os and costs.

Four eases of 'drunkenness were dealt with and the usual 5s and costs were imposed. An affiliation order was made against a. young mail who was the adjudged. putative father of his illegitimate child and am order to pay 10s per week towards its future maintenance was made and costs given against hint. . ,- r In the ease in which Vi Potae (Mr Mend) sued Water! Wi (Mr Hei) for £2B, value of back saddles, .M r Florance delivered liis reserved judgment, nlii h was for the defendant*, with costs. Notice of appeal was given. R.nk" llaenga . (Mr Mead) sued Ilonrv McClutchie (Mr Kirk) for £SB Ids ,‘kl, being a half-share in a wool shed. . , ... , Plaintiff was non-suited with costs i'£lO Is 6cl) to defendant. A native J’or whom Mr Mead appeared claimed £ls from the AVaipiro Trading Company, Ltd., for damages caused through a ear of defendants killing one of plaintiff’s dogs. A great deal of evidence was taken, the case lasting until after 11 o clock at night. * ~ , ~, When plaintiff’s case had closed Mi Kirky for the defence, submitted that there was no, proof of negligence, which was the basis of su:h actions, unci consequently it.was unnecessary to go into .trie‘defence and plaintiff must be non-suited. . ■, The Magistrate unheld this view and costs were awarded defendant (£7 14b Gd).