RESIDENT MAGISTRATE'S COURT. Friday.

Auckland Star, Volume II, Issue 346, 17 February 1871, Page 2

RESIDENT MAGISTRATE'S COURT. Friday.

(Before Thomas Beckham, Esq., R.M.) The usual sitting for hearing small debt cases, was held to-day, when the following business was disposed of: — Judgment toe Plaintiff.—Must v. Rusk, Shove v. Borthwick, Ftigate v. Manning. Shove v. Bolrthwick. - Claim, £1 Is sd. The clerk to the trustee of plaintiff's estate proved the claim, and judgment passed for the plaintiff. Walsh v. Campbell.—Claim, £1 ss. This was a claim for wages. The plaintiff said he worked seventeen days, at ss, for the defendant, for which £4 os had become due to him. Of this sum he had received £2 10s. The defendant said the plaintiff never asked for any sum as wages; that be had paid the plaintiff live times more than he was worth. Believed the plaintiff was " put up" to take these proceedings. ■ The plaintiff could not do such work as the defendant required to be done.—The defendant called a witness. He deposed that plaintiff I said he would leave the matter of wages to the defendant. —The Court ordered a nonsuit. Bboce v. McCaskill.—Claim £4> lis. Mr. Wynn appeared for the defendant.—The defence was that the work was not done as set out in the particulars, and that one item was overcharged. Besides this, the defendant put in a set off, which, according to his view, reduced the claim to 35., which li 6 paid into Court.—The ovidence was conflicting as to the value of materials, the prices for carriage, Ac.—Judgment for the amount paid into Court—the defendant to pay costs at the time of hearing. Fpgate v. Manning-.—Claim, £1 ss. The plaintiff proved the case in the usual way, and judgment was given for plaintiff. Gkiog- V. Halstead.—Mr. Kissling for the plaintiff; Mr. Wynn for the defendant. Claim, £6. This was an action to recover the value of a bay gelding in possession of the defendant, and which the plaintiff alleged to be his property.—The plaintiff deposed to the purchase of the animal; took it to Mr. W. P. Stevens's to graze. I saw the gelding about two months after sending him to grass. I saw it next time in the market, and was informed that it had been claimed by Mr. Halstead. Plaintiff ncveivsold the horse to any person. The' horse was shaved over to look for a brand. Halstead obtained possession of the horse upon his representations, and witness brought the present action. Claimed £5 for the horse, and £1 damages. The plaintiff could only swear to tho horse to the best of his belief.—The defendant denied that the horse ever was the property of the plaintifi. The testimony for the defence was very positive.—Hamilton, of whom the plaintiff bought the horse, could not swear positively to tho identity. He could only speak to his belief.—Edward Kinloch, Veterinary Surgeon, believed the horse was the same plaintiff placed in Mear's stable. He had no doubt of the matter, but he would not swear to the horse. — William Pike Stevens, a dairyman at Mount Eden, received the gelding from the plaintiff to graze. It was a bay gelding with black points and one white fetlock, but could not say which foot had the white fetlock ; believed the horse outside the Court was the same aa Grigg sent to Iris place to graze. Was authorised by plaintiff to sell the animal at Hunter and Company's, where it was claimed by Mr. Halstead and his son. They stopped the sale. Believed the horse outside the Court was the same. Had do doubt on the subject. The horse had been greatly altered, having been shaved and shod, and altered in other particulars. Sarah Stevens, wife of last witness, swore to the horse as being the same her husband received from plaintiff. JU enry Mason, for the defence, deposed that he sold a colt to Hamilton, from whom plaintiff alleged he bought the horse produced. There was n» white on the colt he sold to Hamilton. Gave £4 (about) for the foal and dam, which belonged to a man named Dunn.—Richard Dunn corroborated Mason's testimony. He bred the colt sold to Mason; it was nine mouths old when he sold it.—Leigh Dennis Halstead, veterinary surgeon, swore that. he bred the colt outside the Court. It was a bay bloodoolt, br.d out out of his mare, which was a full bred Arabian. On the 12th January the colt followed his mare home. His son branded it under the saddle with the letter " H" before he turned it out. This colt should be 2 years and ljuionth old. the colt, aud that ho had seen Mr. Halstead's —John Q.uinn, Albert-street, proved the age of sonriding-uponit twelve months ago.—John Halstead, son of defendant, gave corroborative evidence.—[Robert {Condon was beino- examined when our reporter left.] °