ASHBURTON—FRIDAY.

Ashburton Guardian, Volume V, Issue 1587, 17 June 1887, Page 2

ASHBURTON— FRIDAY.

(Before Mr H, 0. S. Badddley, R.M. and MrD. ThotsxM, J.P.) CIVIL OASES. - Tooker and Reatell v G. Parkin, jnr., claim £1 12s 9J, £2 had been paid into Court. Judgment for balanoe and ooßts, Jolly v Marriott, claim £6 la 6d — Judgment by default for amount claimed Brine v Stephens, claim £s— Mr Oathbertson foe plaintiff, Mr Orisp for defendant. Thia was an aotlon m which damages were olalmed for injury alleged to have been sustained by plaintiffs cows, F. B. Brine stated that he miaaed his cows from hi j paddock on the morning of May 25th. He subsequently found four m Stephens' paddook. Stephens claimed £1 fo? damageß, bofc wltnoßa on examination thought this far too much. He, however, offered to pay lOj, whioh was refused, Stephens stating that he would take them to the pound. Witness acquiesced m this aTrangemeut, In the evening went to the pound but the cows were not there. On the following day, May 26 tb, witness went to the pound, morning and evening, and blbo on 27th, but the oows were not there. Witness while on his way to Stephens to eeo about the cows heard that thoy were on the Mitcham road, and he found them In a paddook there. The land belonging to Stephens, on which the oowa trespassed, was not fenced. When witness recovered the cows they had Buffered greatly In consequence of not having been milked, and the quantity of milk had fallen off. Witness had suffered loss m oomequenoa — By Mr Oriep :— Witness at this time had a dozy. cows; He had a plaoe m Prlnooßß Street. It was an acre and a half. Witness gr«z°d the oows ia a 30 acra paddock which he had leased. Witness' cows did not stray about. . They were m a very fair condition.— W, Ivory passed Stephens 1 plaoe about the end of May, The pad* dock m which the turnips were was enclosed by a bank about 18 inchea high, There was a gateway wbioh was open. Witneas did Lot think the turnipß were worth £1. There was nothing to prevent stock getting Into the paddook. It was very injurious to oows to »Uow them to go unmilked for two or three days. Brine's oow3 wereia very fair condition. — J. Ward said the effect of allowing cows to go unmilked two cr three days would be to causa them to go dry. Cows whioh gave two .quarts per day were often milked, but it was hardly wofth the trouble — The evidence for the plaintiff having been taken, Mr Orisp maintained that there was no case to answer. He submitted that no wrongful act had been proved ; and supposing that a wrongful act had been provod no damage necessarily resulting from that aofc had -been sho*n. —Mr Gathbortson replied, submitting that it had been shown that plaintiff had Buffered damaga through tbe act. Aftor further argument &*»d the Bsuoh having intitcated that it did not consider it necessary for the defence to be entered upon, Mr Cuthbertson eleoted to take a non suit ,

FRAUDULENT REPfIESfINTATION. William Houry Hawkins was charged with having obtained £10 from Christina Scot by means of a valueless cheque, and with also having obtained £3 from W. J. Hayes by similar moans— The aooused pleaded guilty fco bota charges. The faots of tbecaße are a* follows : In.September last the accused ppid into his credit at the bank at Geraldine the sum of £175. This money he had since drawn out. Be had,been drinking very heavily, and as (ha cheques ha had given were upon the \unk where he formerly had the acoonnt it wbs BUimißod that he was not m full poßbeesion of his faonlties at the time tho cheques were given. He was iv receipt of remWtances from Home, and expressed his perfect willingness, when he received the ne^t onb, which he expeoled by the San Ffanolsoo mall, to pay the two amounts. The police thought the <jme was one whioh might we)) coma within the eoopo of tho Firet Offondor.s ProbaUon Act— The acoased waa given six months probation and ordered to pay the osts of the proseoutlon. The Court than rose.