MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1511, 19 March 1887, Page 2

MAGISTERIAL.

ASHRURTON— FRIDAY. (Before MrH.C. 3. Baddaley, R.M ) CITIL GABEB. Ma'heßon vßoramars, claim £45 13 1 9d Mr White for plaintiff, and Mr Wilding for defendant.— Th|a was a olalm for com mission on sales made by plaintiff as manager of Moiara H. J. Wood and Go's Ashbarton business. — No other evidence m addition to tbat published m yesterday's issue was called for the defence It was deoided to hear another action, Sommero 7 Matheaon, before giving judgment m the foregoing. In the latter oaae the sum of £10 was olalmed for damages' alleged to have been sustained hy the plaintiff, through the negligence of the defendant who was acting as minager for the foitner. It was alleged that an order was given to the Ashbarton brauoh of the firm by the Woollen Company for 50 covers for patterns and this order the defendant transmitted to Ohristchuroh as being for 50 books of cardboard leaves. Portion of the incorrectly rendered ord)r was completed before plaintiff received instructions that the books were useless to the Woollen Factory. The plaintiff alleged that the loss he had sustained amounted to £10 —Mr White moved for a non-suit. In this caie the defendant was a servant of the plaintiff, and even if negligence were shown, it must be proved that the defendant was guilty of gross negligenoe. All the authorities were conclusive on this point. — Mt Wilding replied, sub* mitting that gross negligence had been shown. — The Magistrate held that sufficient negligence to make the defendant liable shad not been shown, and a nonsuit wai therefore recorded, Counsel then addressed the Court on the oaie, Matheson v Sommers.— The Magistrate referred to the case as a very unsatisfactory one, proof regarding some of the letters alleged to have been lent and reoelved, and which greatly cm earned the c»bo, being far from conclusive The evidence was very contradictory and there was nothing to assist him m arriving at a deoiaion. A nonsuit would be recorded. BURNING OIUSS. Frank Bull, for whom Mr White appeared, was oh arced under section 6, sob-section 5, of the Police Offences Act, with setting fire to grass on land not m bis oooupation. Evidenoe was led as follows: — E. Goodwin, sheep farmer nt Rangtta'a, said that be had a large extent of grass and fences destroyed by a fire. The damage oaused to witness would nraount to £40, and neighbors had suffered to a much greater extent .—Constable Remer said that on telling the defendant, who was taking a load from Rangitata to Longbeach, that he was suspected of having oauaed the fire, the defendant denied it, but ultimately he admitted having knocked the ashes out of his pipe, stating that ho was some distance away before he notlosd the fire, but it was too late then to tarn back and put out the flames. — H. Batchelor remembered going through Goodwin's ran m company with Bull, about the beginning of last month. Witneas did not remember anything having occurred on the journey down that would cauie a fire Witneas told Oonetable Remer m answer to his questions that Bull was smoking behind the waggon, and that if the fire was oaueed by either of them that would be the cause. They were two or three miles away before they notioed the fire. By Mr White : Bull was smoking cigarettes. —Mr White Bubraitted that there was no evidenoe to implicato his client, and that even if the 6re had been oaused hy him, it was an accident, and not a case of wilful, neglect. — The Magistrate dismissed (be case, but m so doing adverted very Btrongly on the statements made to the police oonstable by the defendant. A NEIGHBORS' SQUABBLE, Mrs Jane Saudb was charged on two Informations with having assaulted and beaten Mrs Elizabeth Ann Caudle and Mrs E oily Broker, Mr Crisp appeared for the informants, and Mr Wilding for the defendant. Tho parties all reside at Trevorton. Mrs Caudle lives with her daughter, Mrs Sando (not the* defendant, she living next door). Mra Caudle was the first witness called. Her evidence was to the effect that on the day the assault was alleged to have been com mitted the defendant made her advent like a " wild oat." After repeated hammering at the doors and wind »ws, she gained admittance, and struck witness m the face, and she also hit Mrs Broker over witness's shoulder, giving her a black eye. The witness, who accompanied her evidence with much gesticulation, to the Intense merriment of those present m Court, wound up her testimony with a fervent declaration that what she had said was " the truth, the whole truth, and nothing but the truth." - Mr Wilding commenced to cross-examine the witness, but she could not be induoed to commit herself, and gave the counsel to understand " that ehe was not a-going to say what she didn't know " She further stated that the defendant wss not helplessly drunk ; she was " tiger- -irunk " — a definition whloh adds another to the many distinctions of the shades of intoxication drawn by witueaaes m the Ashbnrton Court — EmUy Broker, another of tbe informants, corroborated the main features of Mrs Caudle's evidence. — Ah Fan, a Chinese gardener, was the next witness. He was asked whether he would bo sworn by blowing out a match, but he eleoted to make an oath upon the Bib'e, it transpiring as the result of enquiries put to him by the C >urt officials m the most approved pigeon-English, that he was a Ohrlotian, having been baptised m a Roman Oatholio church. Hla evidenoe was to the effeot that he aaw the young lady (meaning the defendant) jump the fence and fight the old lady, Mra Caudle. He didn't see anything farther, and he did not understand wtiat the fighting was about. — This was the case for the complainant*, and Mr Wilding called evidence for the defenoo ;— Mrs Sando, the defendant, said that on the day m question she was standing outaldo her own plaoe washing. She heard Mrs Caudle and Mra Broker talking about " tne dirty woman next door." As there wbb no house on the other side, she concluded that the objectionable remark must of neceß-ity apply to her, and ahe accordingly went acroaa to seek an explanation. {Several other derogatory epithetß wero beatowed upon her, and finally Mra Caudle ended a atonn of words by. " smacking" witness m tho faoe. The witness retaliated, m selfdefenoo ahe urged, by "btnacklng" Mrs Caudle. Then Mrs Broker pitohed m and thfc two attaoked witness. She denied having given Mrs Broker a black eyo. She deaoribed the manner m which that injury was received m a few terse sentences. She aaid that Mrs Broker was running Into the house, when she hit herself againat the doorpost. She exclaimed — "Oh! I have given myself such an eyo." But if she expected sympathy from the wilneßS, that whioh she got waß conveyed m the worda — " Serve you right." She denied being addicted to drit»k ; and ahe had not had a drop on the day of the occurrence. — Sergaant Felton gave tbe defendant an excellent character. He had known her for eleven years. Ho did not kuow v >ry well any of tho other pnrtiea to the action, but he believed they did not agree well among themselves.— The Magistrate said that it waa evident there was bad feeling on the part of all the worsen, nvjd ho therefore bound, thorn, all over to keep the peace for aix months, themßeivrs n £20 each, and two Burettes of £1Q each, 1 The Court then, rose., i