MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 2243, 3 October 1889, Page 3

MAGISTERIAL.

ASHBURTON— THURSDAY. (Before Mr C. A. Wray, R.M.) FAILING TO COMPLY. James McGregor appeared lv answer to a summons calling npon him to show cause wby be should not be fined or Imprisoned for having failed to comply with a subpoena to give evidenoe at the last sitting of tbe Oourt In tbe oase of Rooney v Barton.— Mr Osyglll appeared for the defendant, and Mr Purnell, one of the counsel In tbe ctswlk whioh defendant was required isa wltne-s, prosecuted.-— Formal evidenoe was taken as to tbe eerviee of tbe subpoena on defendant, but the offiaer of the Oonrt ooald not remember the exact day tf service, though he was oertaln it was two or three days before the sitting of theOourt.— Mr Caygill submitted tbat the oase must be dismissed. It bad pot been proved tbat the subpoena was correct, oe that It h*-d t)Gen 'orv-d0 rv -d ,n ** me—The Magistrate said th.fc he was latiofied the Bnbfpena had been served, ■nd libit there was a caae to answer — Mr Osyglll oalled J^mea McGregor, the defendant, who said that npon betog served wtth the sabrqe a, as he ha I important business ont ofthe district, be cor-auUed iK'l * d "*' oe aa fo' whether he was bound to obey the summonß His lawyer advised him that unless bis expenses were tendered he was not boond to attend tbe Couir.— The Magistrate said unless defendant llvpd ont cf the town, tb s waa Inoorr.ct --Mr Ouebbertscn eald that the Magistrate had ru'etl 00 one 0; a ■'on, In tha oil if Mo rhead v Morgan, jtM tspipiM quit to ttadcre<VaylPg -bat

It was u< t conduot mouey bo muoh _s tbe day's expenses that the Act required. —The Magistrate s-id that If he satd such a -oirg it must hava be.n a slip of the tongue. He wiahed it to be generally known that tho prooess.a of tbe Oourt c ud not be d' fi.d with Impunity, but aa there appeared o bo semj misconception m tha prtteerr, case, no panlshment wonld bo irtfl ct«.-d M. Bconvy v J. L. Burton, olelm £39 , 12a. Mr CoUjUorUoa fo? plaintiff, Mr Puruoli for defendant. In thia oaso evldence m which bad betn tsken on prtviooi Oonrt days the Magistrate now b avo judgm »fr plaintiff for £36 Ba.