RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume VIII, Issue 1296, 12 September 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, August 11, 1883. ?$; M\ m> »■''' — £v- ! *«■ ;^ */s*:■■ tee*: Si* *"t\^rvft ••' ■». :;^CO£^3TOE..<s)BwrioG TAX V.iOfGRA>Y ■:/ 'V vA sritjiinons Jjoij noii'-'registriifci' >n' ofl dog '• pi'femlj&V di^'.iiot -fij}pwiv%>ufc tha doghaving r>eun registered sinc£ proceedings' 'were taken ltiVivas o:iiy tined iv the norii- . inal sum of 5/-. "- JamesrDnmr, " f or" ,1 like ' 'fifitiriceWSF similarly charged and fined 5/-. /''■{ ) 1 '• ifoikcks V BOURKE ' Defendant was charged with permitting .". Yankee , Grab " -to- -be- played- in the* hotel during prohibited hours. . In reply to theJbeheh, the police stated that the hotel was ordinarily a well-con-ducted one. Fined 1/- and costs £1 ss. - \v SAME V. DIVINE. ' Defendant was charged with a breach of the Licensing Act, at Boatman's, on the Ist September, by selling spirituous liquors, not being licensed so to do. The charge was denied. Mr Jones appeared for the defence. The following evidence wag called. John M'Quillanl am an hotelkeeper in Reef ton. T was in Boatmans on Saturday, Ist September, and remained there three hours more or less. I went to Mrs Divines on that date. I could not tell who went with me t:i the house ; I don't remember any person who went with me ; there were people going back and forwards, saw Mr F. I'ooney on that date ; do not remember his being in the house with me ; he might have been there ; I was in the blacksmith shop but couldnot say who was in there ; I did not ask either Hooney or Smith to go to Divines ; Divine asked me to go and have a glass of beer and I said we might as well all -go ; we then went and I had a glass of bear ; I paid for dinner for myself and son. It was Divine who served me and poured it out of a jug ; there were some others there ; I went to I 'ivines by my3elf, but others went also, but they did not go with me-; swear that Tdo not know whether Smith had anything to drink ; nothing was placed^m the counter or bar but the 'one glass of beer ; I never paid for any grog that I had there that day. By Mr Jones: I do not remember seeing Mrs Divine in the bar on the day in question. By the Bench : It was Divine who $U|ssfit£t me with |the beer. - Frank l.'oondy* I a:n a moinbsr of the Boatman's Lieonsiiv; Bench : I am acquainted with defendant and reootbet the. lat instant: saw the last witness on that"! day ; met him outside the Welcome mine, did not give him any money on that day ; H Jwent [ iiftu the njitie with him ; I was not.. J iii Divine's liohs'e on that day ; to the best: of my opinion I did not hear McQuillan ask anyone to go down to defendants : I| think I was in the blacksmith's shop on that day; if M'Quillan asked me to go , and have a drink I did not hear him ; to my knowledge he did not invite anyone to go. By the Bench : He did not ask me toi go. He did not in my presence ask any"; person to go down and have a dr^nk, or if lie did I did not hear him. ' Bfecaufinttirtfm cuStinue.l : I w.xq not in •■! Divine's hpujis ynHhe Ist September. John Smith : I am a blacksmith work < ing at the Welcome ; kuow the defendant, j I know M'Quillan, and saw him at Boat- ; man's on the Saturday in question. «.! wtijun the blacksmith's shop ; could not* saynvhether Koonoy was in the shop, I i was outside the shop and I heard either ' Divine or .VI 'Quillan say we'll go and have a drink, could not say which it was ; I went down and had half a pint of beer, • Di vino served m a . ; Mrs Diviiui may have baon there ; ho took the besr from under'j the counter ; could not swear who was : there ; -Rooiujy did not go down with me; i I had one drink ; might have had a drink ; previously ; did not pay anything ; did j not see M'Quillan pay for anything on ! that date ; there might be three or four j persons in the place at the time ; I had ! my drink and walked away ; suppose the beer came out of a cask, but did not see one. j Stephen Maitland Kelso : I am a inou.nted constable stationed at Roefton ; ; was all Boatman's on Ist September, and on _tlie evening of that day went into ' Divine's house I The witness was about to describe the j appearance of the premises. j The Bench here iuteroossd, saying the ' Court did not want a description of the 1 premises. Defendant was charged with. a distinct ofFonce. and as yet there waa not a particle of evidence against her, what- j ever there might be against her husband, j Swrguanfc Neville in reply to the bench | stated that there was no fiirfc'ier evidence; ; Case dismissed. i ruex v. mar. I Thi3 v/as a:i action to recover the sum ' of £45 for timh(>r supplied. Defondant admitted the whole of the items charged wiuh the exception of two. Mr Jones appeared for pUutilf and Mi" rLynah for the defence. „ : Goorga- ■ I 'H*n'dy : I am a sawyer and sqnaror ; I cut the pieces of timber disputed and supplied them to defendant, he was not there when they were delivered, but went out on the followiiig.Sundny and agreed to accept the timber on the ground, but said there was' more supplied than was wanted. Patrick Ruen : I am a sawyer and contracted to supply defendant with timber J for two culverts ; he gave me the plan | and I got the quantities taken o;f, and j showed him the abstract and he said it was correct ; saw the disputed pieces of timber delivered, and afterwards saw de? fondant and told him Cross-exaininad : Defendant did not tell me when I entered into the contract that he had, already got some sills, he did not tull me until I delivered them that he did not want the sills. Martin Ma'.ier : I entered into a contrast with i- uen to supply all the timber I required, except three mud silte which I had already gut ; when plantiff told me that he had su;>p!io-:l the sills I informed him that I did not order them and wo jld not pay for them ; as a matter of fact I had the mud sills pLiced in position when I let the contract to plautitf and lUien knew or was told so. Michael Noonan, Inspector of County Works, was called and proved condemning certain, timber supplied under the con* ti'iiu!:, and ft was not used. Thuuias'Tagan wsia called, and proved having heard defendant tell plantiff that ho would not nay for the mudsills. This closed the case. Council having addressed the court at some length. His Worship gave judgment for £38 83 with professional fee £2 "2s, and costs of court £1 19s, witnesses 20/-. PAIXE AND. CO. V. ANDERXO>\ Claim for £8 15.? 4d for meat supplied Defendant produced a recipt for an

amount of £4 paid in the month of June, and which had not been credited in tho .'account. ;i •Piiinttff admitted the reeipt stating that ; it -whs an oversight. ' ;.. ' Judgment for Li loa 4d. i- ■ ""*■ I-:.;, V. WILLIAM.S V. DT7FFV. '•.■,' . ,v> ; .'This was a claim for L3.for loss' of tmio in searching for a cow taken away by defendaU,tv ■■ ■,■ V ,i • , . :*■ Mr J/on us appeared f < >v defendant. • 3£lleii VVLUi'anis stated that she niisscJ one of her c<>ws and suarclied, about for H \t" "Finally foifnrlTt in~cle?ei)ibint 1 s yard at Boatman's ; applied to defendant and he reMsfcd to give it up,' alleging that hehad purchased it from a Mr Brooby. I searched foriourrdaysand fny son searched also, and we have not got the cow yet. I bought the cow from Brooby months ago. Cross-examined : Did not see the cmv in defendant's possession, but he said lie had it. I described it ; it was a brindle cow and ho said he had it j did not see him drive the cow away. John Williams : Heard defendant say he had the cow ; 1 don't luimy'tue covv ; believe he said he would h{j,ye, had the knife in her only, she was so heavily in calf ; I was not looking for the, cow.-. Robert Duffy : lam a butcher at Boatman's ; I know the brindle cow referred to. by plaintiff: I never drove the cow away from Fern Flat ; never saw the cow; it was never in my yard J boiight twelve head of cattle from JBrodby and there was a brindle cr>w amongst the number ; he left six head and showed them to me ; those were the cattle I bought ; ■ there was not a roan cow in the mob ; I swear that I bought a brindle cow from Brooby by telegram ; there must be some misunderstanding ai Brooby would never sell me a cow that he had sold to Mrs | Williams; She claimed the lot of the ■ cattle, . Cross-examined : Did not know that Brooby's cattle were always loft in your son's charge. .Lyons told me that Miaha-si offered to sell him a spotted cow for £7 103. Case dismissed with 17s costs of Court. COOUR.VXE V MORSA-v. A claim for L 2 for board and lodging. No appearance of defendant. Judgment by default for the amount claimed and costs. OVEKRVD' V. HUIVEr. This was ah action charging defendant with trespassing un««i ]>laintitf3 land by crossing the same on foot on the lßt and 3rdiiistant , &Ir Jones appeared for the plaintiff. T'efendjint. denied thu'tres>»is3. , .Plaintiff was called but c»*uM not prove ! the pi^eciso.oii'once. Ha di I not himself | witness -the trespass .a:id his servant who did was not in atteudmtco. I ■ Defendant said he had not been on plaintiffs land on -either of the d-itys meu--feioned in thij plaint. On-each oooasitm 'he' 4 reached •■R^rftofi' by travelling along the' Glolte Cotiipaiiy's iaoe for which hp Jfa'd peri'rtissiori.' ll ' ■'"'Ca^d^inissed;. \■ '■ . .. I _ (i Httl?top >„: LLE^ -NC V/H.LIS. . ' 'Julaidi for L 4 for hhrae hire and livery. " Nb-ap.p^ariujce <;1 : defendants. „. „,■ „, ,Jii4iVf.V. B^UiS.mvj«Q.. • ; Claini fov L236s i> nvbiiuiUar ulalivered. . Judgmeuib i:by -default!i=fov aoiount claimed with; costs... '..u..^! 1 „ .•'.-■• EX)USyTH«&: MASTEJIS'V. B«ME. Claim for U22 I'te i o>> goods' supplied. Judgment by ! defauiiiot: am Amt with -costs. ' •'•-' ■ - ;ii :'■' •■••■■ '■The Court thoiV a'cij'otfrned: