RESIDENT MAGISTRATES COURT,

Inangahua Times, Volume VIII, Issue 1257, 11 April 1883, Page 2

RESIDENT MAGISTRATES COURT,

— ♦ Tuesday, April 10th, 1883. (Before W. H. Revell Esq. R.M.) I { STEPHENS V. ARCHER. Thos. Stephens was chained upon the information of William Brown Archer hotelkeeper, Boatntans with having fraudulently obtained possession of 5s and one bottle of brandy. At this stage of the case the prosecutor said that he wished to withdraw the charge, defendant had committed the offence while under the influence of liquor and had since paid the debt and expressed life regret for which he had done. 'Under those circumstances he, prosecutor, wished to withdraw the case. His Worship said that it was not in the power of prosecutor to withdraw the charge. The country had been put to the expense of bringing the defendant up from Grey mouth and it was not because he had made restitution that the' information was to fall through. The case would have to proceed. . j William Brown Archer: I am. a storekeeper and hotelkeeper at Capleston and know the accused : On the 31st of March I lent defendant 5s on the promise that he was to give me hia cheque ; he also obtained a bottle of. brandy from me at the same time and under the same pretence ; the cheque he referred to was for wages I from the Hopeful Or«npany ; he did not hand me over the cheque but left the district without paying me. Ido not produce my books. The amount of the cheque was £15. Accused owed me £10 odd at the time. ■ ' Cross examined by accused ]_Yon were fit the door. wheriTgavo you the !jp. It was about 10 o'clock at night ; don't remember whether you borrowed money before from me.; I think you were sober at the time I gave you the money ; will swear that you were not drunk. By the police ; Accused said he would get his cheque on the 2nd of April ; am aware that accused subsequently received his cheque from the Hopeful Company , By the Bench ; It was upon the distinct promise of the accused that he would give me the cheque that I gave him the. goods; ' and would not have given them otherwise. Accused appeared to be jolly. He has paid me my debt. Charles Bowden : I am a mounted constable stationed at GJeymouth, . and- ar r rested accused upon the warrant .nowproduced ; told him he was charged with obtaining money and goods "unde?. false pretences from W. B. Archer, Storekeeper, Boatmans ; he said he had taken nothing from Mr Archer, and only owed" him, a debt, and would have paid it without him taking such . extreme measures • he further said that Archer had empounded a cheque for £15, due on Tuesday, (to-day), in the Bapk of New: "Zealand,. and this statement I found -to be correct; accused further said," tftat- he had come down to work a£ the Wallsend mine. ' . ' ' This closed the case. ■ • '• ... ■ His Wprshis dismissed the information, considering the charge of a trivial nature, and for which, accused, had been already sufficiently punished.' At' the same time the prosecutor and others must know; that ' the police force of the district was -not to be made use of, for the purpose of hunting down runaway debtors. •■■" ■•"..• : . . ■".. ... WILLIAMS .?.. AHBINO. ■;.- -. .■" Claim for £23 6s; the- value of a pig £6 10s/ and 24 sheep at l'4s". ""' '" '. The following evidences. Was taken,. ■' ?.. Michael' Williams : Recollect Ah; Ping 1 coming to our place about, a pig ; I sold him a pig for L 0 10s, and brought it into ■Reef ton and delivered it to.hinr at Bireen's Hotel ; also sold him 15 sheep at 14s '6<l each, and drove them down to Slab-hut Creek ; sent the bill to defendant, but could not get any satisfaction. Cross-examined: I "know Yo Yek ; hie was talking to. me about a pig, but that was before defendant came: .Can't say whether defendant was in-Ye Yek's-stdre.; never saw him driving Ye Yek'a horses'; it is nine or ten months since I rendered an account to defendant; the pig was so Id on the 10th January, the entry waa only Made a few days ago ; might have billed To Tok for the pig and sheep. also; I know well that Ye Yek is bankrupt. . , his closod the case. Ye Yek Cheong : I was a storekeeper in Reefton. and know Mrs Williams, her son and the defendant; have been' dealing in pigs and sheep with Mrs Williams ; thirteen or fourteen months ago I bought 24.- sheep and one pig from her j they brought* "the pig; to Reef ton, ahd[ltoU them to take it across the bridge. Ah.

Ping had been working five months for me at the tifne. Mrs Williams gave me a . bill for the pig and sheep. ] His; Worship 'said that although tho evidence was very conflicting, tho weight . of testimony was on tl>e side of the plaintiff" .Judgment would therefore bo for •the plaintiff; with costs. WALKER V. ROBERT WILLIAMS, £12 4s. Gd., for board, lodging, and billiards. - - No; appearance "of defendant. Judgment^ by default for amount and costs. ' . ■ ■ SAME V. WALLIEB, Claim for £3 8s: for board arid lodging. Judgment by 'default for amount claimed and costsv • WILLIANS V. M'GUIGAN. This was.a claim for LI Gs., for trespass of a horse, and damage done to fence at Fern Flat Defendant admitted the trespass, and was fined 10s. and costs. WILSON V. MOOR AND KINO, An action to recover £4 10a. t rent of cottage at Crushington, and praying for an order upon defendants to give up possession of the premises. .It transpired in evidence that the plaintiff only held the hut by virtue of a minor's right) and could not therefore charge rent, and thisportion of the claim was consequently ' abandoned. A long legal argument en-, sued upou tho question of title,. Mr Jones, for defendants, arguing that as the ground belonged to the Crown, . there could be nothing but a possessory titleto it, and that the defendants were consequently masters of the situation. Mr. I ynch urged that the right of plaintiff to the hut had been acquired \y purchase ; that defendants were admitted as temuits at will, and his (plaintiff's) position as landlord having been raa'igniseA by defendants he was entitled to judgment. His Worship gave judgment for plaintiff . Mr. Jones asked leave to appeal.