If you had had money in hand on Saturday would you have to raise it from Mr Clayton ? I do not think I would have taken it from that—l don’t think I would have paid any out of my own pocket. This would not be mixed up with the other business. Then you have no explanation as to why you paid the money in two chequee if you had it in hand 1 Mr Nolan : You got the money ; what more do you want ’ Mr Jones: I want to test the credibility of the witness. His Worship said the explanation given was that he would not mix the matter up with his other business. What are your average takings a week ? About a hundred pounds. A hundred pounds! Have you get the bank book till we test that, Mr Nolan 1 Mr Nolan objected to produce the book. Witness : Generally paid money in cheques. Paid defendant the two £lO notes. Witness was jthen cross-examined at length as to statements he had made in regard to the receipt. He said he had told Mr Jones, when asked, that he thought he could not get a better receipt than he (Mr Jones) had registered for him. Believed he had eaid something to Mr Jones about having another receipt. Mr Jones had told him the receipt would not hold good against McDowell unless the money hadjbeen paid, and witness swore the money had been paid. He knew that there was no £5O cheque. Plaintiff, he would swear positively, had never demanded the money. Witness had never offered, in the presence of Comiskey, to pay £lO a month —an offer of that kind had been made before he purchased the bullocks. Had asked plaintiff to come up to bis place and stop for a month, but had never after tbe notes were given, offered him money. Not in tbe presence of Maher?—No, His Worship : Maher makes a different statement to that. Witness said he had imputed something, but stated no amount. His Worship : You should give your evidence straightforwardly, and not fence with the questions. Did yon not tell Maher immediately afterwards that McDowell was a fool, as he refused to accept £lO and “ notes.” Witness believed he did say so, but was positive he did not say anything about notes. Had made the offer solely because he did not want his business affairs raked up in Court. Did you think it right to offer £lO to keep an honorable case out of Court ? Witness said he did not care about coming into Court, and had done the same thing before. Did not think there was anyone present when he paid the purchase money, but there must have been many who knew of it immediately afterwards. W. H, Clayton produced the cheque in question. The form was one borrowed from Mr Finlay. James Finlay and John Brodie gave evidence as to plaintiff having more money than usual about the time when the £lO notes were alleged to have been paid. The former stated that plaintiff had paid him £8 17s, and the plaintiff interjected that it was £8 16a, which was found to be exactly the amount. Mr Jones said it could be shown that plaintiff had received large sums of money about that time, and Mr Booth eaid he thought evidence as to the money in plaintiff’s possession would make no difference, unless it could be shown that he had £lO notes, one of which Mr Cotter had seen.
No further evidence being called, Mr Booth said he thought the case had been well sifted. It looked suspicious that Finlay should, if he had really paid the whole amount, offer £lO to get the case kept out of Court. That was a very substantial offer to make to keep a claim of £5O out of Court. His opinion was that the cheque for £3O, which had been dishonored at the Bank, bad not been paid, and that two £lO notes had been paid. Plaintiff had not remembered receiving any such sum as a £lO note, but from Mr Cotter’s evidence it was clear that he had one, and he (Mr Booth) believed the two notes had been paid as alleged. Therefore he would give judgment for £3O and costs (£4 18s).
Theatre royal, GISBORNE. FOB A SEASON OF SIX NIGHTS’ ONLY, COMMENCING MONDAY, JUNE 29th. DOBSON—KENNEDY DRAMATIC AND COMEDY COMPANY. d Q legitimate" -f Q LO ARTISTS ±O OPENING PROGRAMME 11 THE SHAUGHRAUN.” LOOK OUT FOR “ Little Lord Fauntleroy.” CHANGE OF PROGRAMME EACH NIGHT. Prices : 3s, 2s, (Children Half-price) and la. Box Plan at Mr W. Goon’s. J. E. PETHEBICK, Agent. BOROUGH COUNCIL. NOTICE. To Cabtxrs, Hawkebs, Owners of Pontic Carriages, Music Hauls, &c, "VTOTICE IS HEREBY GIVEN that all LICENSES must be Renewed on or before the 30th instant, JOHN WABREN. Acting Town Clerk, Town Clerk's Office, Gisborne, 19th June, 1891. Ex "OH AU.” JUST LANDED I JUST LANDED! JUST LANDED ! n/Y BAGS OAMARU TABLE OU POTATOES. DUNLOP & BOURKE. NOTICE. WE have just completed Alterations and Extensive Improvements in the Buildings known as the “ Old Brewery," Lowe Street, which we have OPENED as a Wholesale Store, for the Sale of General Merchandise, and for RECEIVING AND DUMPING WOOL. These Premises afford the most extensive space for stowing Wool and Produce to be feund in GJsborue. £he Retail Department is carried on in the Union Bank Buildings, Gladstone Road.
DUNLOP & BOURKE. [A C4BD.] C 4 EO, ROSTER, CHEMIST AND DRUGGIST, Gladstone Road, Gisborne. OoDSTBV INSTRUCTIONS PBOSIPTLV AITENDZD TO, Dispensing Work done with Care and Efficiency, TO LET. THAT Convenient Nine-roomed Dwelling House at Whataupoko, lately occupied by Mr A. F, llaiiuvl r JOHN COLEMAN,
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https://paperspast.natlib.govt.nz/newspapers/GSCCG18910623.2.15.2
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Gisborne Standard and Cook County Gazette, Volume V, Issue 624, 23 June 1891, Page 3
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951Page 3 Advertisements Column 2 Gisborne Standard and Cook County Gazette, Volume V, Issue 624, 23 June 1891, Page 3
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