RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume 2, Issue 358, 31 May 1881, Page 2

RESIDENT MAGISTRATE’S COURT.

ASHBURTON.— To-Day. ' (Before Mr N. Wood. R.M.) I Unregistered Dogs.— W. O. Walker 1 admitted having in his possession two 5 dogs of a greater ago than six months, - they being unregistered. A fine of 2s for ; each deg, with costs, was made.—William 3 Spence Peter was charged with having 3 three dogs (unregistered) in his posses- , sion.—Mr O’Reilly appeared for the de- ; fendant, and admitted that two of the ,1 dugs were liable, but contended that one 1 was not of age.—The Bench fined defendant 2s per dog and costs. —Frederick s Burden was fined 4s and costs, on a simi- , lar charge. [) Vagrancy. —J ohn Goldberg was charged i, under the Vagrant Act, with having no 1) lawful visible means of support. Mr ; Branson appeared for the accused, and e having received the concurrence of the d Bench, in that it was unnecessary for the 0 police to prove anything in the case, it 5 resting with the defendant to disprove a the charge, proceeded to examine ac--0 cused, who, on oath, said—l am a dealer, h and attend sales, for the purpose of purd chasing goods, which I resell to hawkers; Before I left Christchurch, I took out the g post office order, which is made payable ■ in Dunedin to me. It is my property. I e took the money in that form to Dunedin, e because I intended paying it to a person d down there. The receipt produced is for , the payment of 7s to the Lyttelton Times h for the posting monthly, to England, of ■- the Canterbury Times, to some friends of a mine. I have LI 50 ir the Bank . of New Zealand, at London, which r I sent there for the purpose ; of purchasing a show. After I sent the - money to London I found I could pur- , chase a show for loss money in Melbourne, therefore I, in May last, made arrangements with the manager of the Bank of a New Zealand at Christchurch to have the r money returned to me there.—ln answer . to Sergeant Felton : I live in Christy church, Armagh street I have no place ; of business there. I remember being t hero three years ago. I was hawking e ‘ then. I was not hawking at the races the other day. I was playing a game. I recollect being at the last Caversham j, race meeting. I came by the Ll5O I sent ■ Home honestly. The Ll 7 I had on me . when arrested I came by honestly, and t not by the game. I remember being 3 in '"1877. —Mr Branson read a r number of testimonials from persons in r Christchurch as to the general business 3 respectability of the accused.—ln rebuttal p Sergeant Felton gave evidence of being 1 at the Tinwald steeplechases and of the i arrest of accused for playing a false game i of chance. Some of the money found on him when searched was won by him at the game in question. Constable Neill gave evidence of accused being a noted gambler.—His Worship said ho considered, after the evidence which had been brought by Mr Branson, he would give the prisoner the benefit, of the doubt. It was not because a man was possessed of money that he had visible means of support. He might have obtained the same from a pickpocket. Accused would be discharged, but he would recommend him to give up these ■ sort of games. Illegal Rescue of Cattle.— John Paget was charged with illegally rescuing a cow after same had been seized by Robert Little, as poundkeeper at the Hinds, for the purpose of impoundage.— Mr Branson appeared for the prosecution, and Mr O’Reilly for the defendant.—The complainant gave evidence that the cow trespassed in the stable of the hotel owned by him, and he gave instructions to a servant of his to impound the cow. Accused came up while the cow was being driven to the pound and rescued it, —To Mr O’Reilly : It was not in consequence of Chichester’s staying with the Pagets that the case was brought. Had had considerable litigation with the Pagets,—The defendant stated that he received the permission of the complainant to take the cow home, he saying when he came up, “ Take the cow home. I’ve got you now. I’ll take you before that grey-whiskered man in Ashburton.” —A witness named Roscoe gave evidence that the servant whom Little had told to seize the cow in conversation had said that defendant had not taken the cow from him.—His Worship dismissed the case. CIVIL CASES. Friedlander Bros v. Benny—Claim L3O 17s for goods supplied.—Mr Purnell for the plaintiffs, and Mr Thomas for the defence.—The claim was for an Osborne reaper and binder which the defendant’s son purchased, second hand, for L3O from plaintiffs. A few days after he returned and said the machine would not work. Mr Max Friedlander went up and found that several alterations had been made, which caused it to work badly. He made corrections in the gear, but the i defendant failing to understand the work- 1 ing, brought it back about a fortnight s afterwards. Portions of the machine 1 were missing when returned. The 1 defence was that the machine was pur- * chased by defendant’s son, a minor, aged 18 years, who had no authority to obtain 1 from the plaintiffs anything beyond stores * which wore requisite for the farm, Mr t Thomas therefore contended that no j liability.existed. Evidence was called to t show that the machine was not in good a working order, it requiring a new knife, p

which was put in a few days after delivery had been taken by defendant’s son. —The hearing of the evidence in this case occupied some time, and at the termination thereof, his Worship declined to entertain the repudiation on the part of the defendant of agency by his son. He considered there was an implied guarantee, and, therefore, allowed a deduction of L 5 for loss of time sustained in repairing the machine, etc., giving judgment for plaintiff for L 25, on the ground that the

machine was not returned within reasonable time.—Mr Thomas gave notice of appeal.