MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1943, 13 September 1888, Page 3

MAGISTERIAL.

+ ASHBURTON— THUESDAY.

(Before Mr 0. A. Wray, R M. and Mr 0. A.O.Hardy.J.P.) ALLEGED CRUBLIY. Mrs W. Gray was charged with supplyIng seven oows of which Bhe was the owner with insufficient food. — Constable Casey eaid that he found seven cows and somo .calves In a paddock, of about thirty acres, belonging to defendant. There was no food for them, and they were starving, being hardly able to ~ walk. Spoke tn defendant who Bald e he could not ;ff>ru to bay food for the cattle— Sergeant Felton Bfttd thet It was m consequence cf complaints he had received that he sent the Constable to defendant's p'.aog at Willowby.— ln rep'y to the Court, Con stable Casey said the animals were only ekln and bone This was through starvation j otherwise they appeared healthy enough, not suffering from any disease be meant. — The defendant said that she bad eleven bead of cattle and had fed them all tbrcngh the winter with hay and itraw till about ten days ago. Since then ite bad given each of them about half a bag of chaff daily; There were forty aores of grass to rnn on. — S. Chapman biw defendant's oows that morning and had ■een them constantly during the past twelve months. As far es he knew, the i oattle had been fairly fed. Defendant had hadieveral|(oads of straw and hay from him. There were forty acres of grass, for them to ran on, though it was low at present. The cows, though not In first class condition, bad been fairly well cirod for. — Sergeant Felton said that Id bad m strooted the Constable to warn the defendant she most feed her cattle. As, however, she had said that she could not afford to bay feed it had been deemed neoessary to bring the case. — The information was dismissed. AT LAKGB. Henry Anderson, was charged with allowing twenty-five bead of oattle to wander at large . A fine of 10s and costs wm inflicted. CIVIL CASES. Joseph Clarke v W. Dwyer, claim £30 16s. Mr Cuthbertaon for plaintiff. Judgment for plaintiff by default. J, Molson v G, F. Scott, claim 15j From the plaintiff's statement it appeared that a little girl, about 7 years old a oh lid of defendant's had broken a pane of glass In plaintiffs shop window, for which he now claimed — Defendant said that ha had ascertained that a cumber of children bad been playing m front of plaintiff's window and it was impossible to say which had caused the damage. He bad expressed his willingness to pay a chare to Mr Molson — Plaintiff -nonsuited. John Orrand Co. v H. E Cookeon, claim £1 9s 7<3, for goods eupplled. Jadgroent for plaintiff by default; for the amount claimed and costs. John Orr and Co. vJ. ABhton, claim £8 Oi 3d. Judgment for plaintiff by default. J. Henry v H Semple, judgment summons £3 15 Mr Cuthbertaon for judgment creditor. Order made for payment In instalments of 7s 6i 'a week In default 14 days Imprisonment. D Thomas vD. Brick, claim £8. Mr Wilding for plaintiff, Mr Holmes for defendant. Mr Holmes stated that it had been agreed that all the evidence available should be taken that day, and and that the oasa should then be adjourned till next Court day to allow of the attendanoe of an important witness — Mr Wilding In opening his case stated tbat It was a claim for auctioneer's commission. Mr Harper bad placed m Mr Thomas' bands a lot of sheep for sale. The sheep were passed m at 9s 55, but Mr Brick subsequently bought them from Mr Harper for 93. Plointiff said he thought he could get 9a 5d ton them, and they were, it was claimed put Into hb hands again for Bale, being ultimately disposed of to Mr Taylor for 9j si. Mr Thomas saw olaimed commission for the sale — Me Holmes said that if the aheep were placed In plaintiffs hands then defendant would have no standing. Defendant dented however having placed them In Mr Thomas' hands at all— Mr Wilding called the following evidence.— D. Thomas, auctioneer, said that on August 28 some sheep 678 crossbred hoggets were put Into his bands at Tinwaid. There was a reserve of 10s 6d on them, bat the highest bid was Mr Brick's at 9a 53. Mr Taylor, who subsequently bought the sheep w»s not a bidder, but Mr Webßter was. Mr Holmes obiected to any evidence as to Mr Webster, as not being material to the case. Witness oontlnued : The cheep were withdrawn and witness told Mr Brick that he would have the first offer when Mr Harper came bsok. Told Mr Harper, when the latter arrived that 9s 5i was the highest bid He left Mr Harper and Mr Brick together and when Scorning back heard the lattd. say he would only take 100 at 9a sd, and witness said he could get 9* 4d for the lot. No agreement was oome to then but afterwards Mr Brlok bought the sheep at 9s. Witness had m the meantime sold the sheep at 9s 4d to Mr Webster Taylor was not present at the arrangement. Brlok asked witness what he could get for the sheep and witness said he thought be could get 9s 5d for them. Mr Brick replied that if witness could get 94 6d he would sell them t Witness then met the Geraldlne contingent — Webster, Taylor, •nd a stranger who were taking delivery of a lot of lambs. Pointed out to them how Bricks lot wonld improve the line, Webster offered 9s sd. Webster, Taylor •nd the other man were together. Witnets went back to Briok and urged him to take the 9s sd, but he refused. Had a good deal of conversation with Brick and said to him as Taylor was going by, " There's the man now you had better go and see if you can do anything with him, take my advioe and don't let them go." Brlok and Taylor were m conversation some time : the latter came back and said the sbeep had been sold to Taylor and witness was to book them to Tsylor. Witness booked them and produced hte book. Jyecelyed a cheque from Taylor that evening Until wjtneei pointed Taylor out did not see Brick wtlh him. — By Mr Holmes : When Brlok made his bid be did not say he would only take IPQ at 9s sd, but be subeepuently said so when dealing with Mr Harper. In the conversation with Brick about the sale plaintiff told him that be thought he oould get 9* Eja for the sheep. Brick did not say he wonld not take less than 9s 6d fur the sheep. Plaintiff would not swear that the Geraldlne men heard the conversation between himself and defendant, but they were oloee at hand at the time. He could not say that Taylor personally made an offer for the sheep, but Taylor was acting coDJointly with Webster, Webster being the spokesman. Plaintiff introduced Brlok to Taylor previously to the re-sale of the sheep, and after this Brick followed the Geraldine men who were driving some •beep towards the gate. Witness first Charged half commission, bat as Brlok, declined' to pay 'be charged the full commission of ?j per cent. At an interview witn Briok after the date of the sale aonie warm words arose, and Brlok told plaintiff that he was under no complement to him, or the Bank. Witness' clerk oame to witness with the summons and said it would be better. to withdraw, bat wliuesa declined to agree to this as a question of principle was Involved, and if he allowed It to pass defendant would throw It op to him for years tp come.— By Mr Wilding : It wm witness's custom that when sheep were re sold only half commission • was charged. This was a courtesy he extended to client, but he considered he was entitled to charge full commission. He did not know what the practice of other |Wtton W rj ytj^A. Cortls, stools o ]«k

to Mr Thomas, was at flnwald Yards en tbe sale day In ques ion. He gave evidence relative to tho sale and re-aale and vjib BU^jscted to a lengthy cross-exaaiinition at the hands of Mr Holinee. Ho raid that he had utrong'y ' advised Mr Brick to settlo the case, and , had ( ffered at the timo to settle the matter ] out of his own pocket. Defendant might ; hare aaid that ho would be freed of all liabilities ami daiim if wi'neaa took it back, but Mr Themis would not allow iho withdrawal- Tbia was plaintiff's case, — The Court then adjourned for la tun. — On resuming, the Magistrate suggested tbat aa the case had to be adjourned it wou'd be well to take tho adjournment now, there being » quantity of other business — Mr Holmes wua agreeable, but wished to first rjaa'l Me Cur lie. — Mr Curtis was recalled and said that on tho week prior to August 28th Me Brick bought Borne sheep from Mr Thoum. The sheep were resold, but no commission waa charged as the resale was not made by Mr Thomas. The Bub-buyer's ohc que waa taken by plaintiff.— By Mr Wildiag : In this case tho reßale was made without any intervention en the part of Mr Thomas. — The c-39 was adjourned till Thursday next. [Left sitting.]