District Court.

Clutha Leader, Volume II, Issue 85, 24 February 1876, Page 6

District Court.

TdKOMAiRiRo;j9tb:F%^^ARy r iß7^

(Before 1 Mr ' Justice Ward/)

'"Wni^ James^Nancarvis was charged' ■with an assault; commit ted .upoii a; boy ; named Sydney Byer, on the evening of" Ithe 29th December last.: ■.• .-'■ i; ,r „, ■V The; prisoner pleaded ? nbt- guilty; ■? .■ ;; The o Ju.ry;';hayin : g '' been ' pmptin'elled, ! Mr Taylor, Crown Procutor>. opened, tbe case and called -■•■• ' •- ,. ; Sy^nfey;;'Dyer r ; who : \said : : : On the. e veni ng . of the ; 29 th 3}eeernber, '' , l : ; Had to go from iliy father's' house to (Milton. Wfieh .returning' between' 9 arid : 10; o'clock a man came out of! the h^dge; near to the Camp Hotel, and followed; me as .far;, as the bridge. » He -then caught hold .of me, knocked me ;downj : arid lay on top ofme. He merely said lie'dojy'rt/th.'ere.:. He sat upon mefouri or five minutes,' when' l ! got away; froln L him. Mr Legge and Mr.Lnwsoncame up. just then.ahd the prisoner went and hid in. a hedge, at : the roadside. . : . , ; ;: Edwin 'Legge said : On -the evening: of the'29tli!December between 9 and 10; o'clock I was walking out of the town-' ship along with Mr Lawson. '- ;When we came to the bridge we heard voices and as of a young- person pleading ,for ; mercy pfr.another.. We stopped a little arid then went forward to where: the" voices came from; It was very dark. We saw Dyer with a bari-owj and a man ' darting, into the , hedge. : '^ci*., made a complaint to tis, and we went and found the /prisoner iri' the hedge. He: said he had done 1 nothing, to .the boy, and pleaded to be allowed to get away. 1 Dyer - told . us the prisoner 'ha:d ; knocked him down. We; took prisoner to the police station.. . He was perfectly aware of what he was doings . ; \ -John. Lawson corroborated the fore-r going witness. : .'.This was the case for the Crown. His Honor said : Gentlemen of the: Jury, if you believe the- ,evidence you. must bring in a- verdict of guilty. ■'.'.. The Jury without retiring returned that verdict. .j, , . - . ... Mr Taylor handed in evidence of previous conviction^ for .obtaining money under false pretences arid"iarceny. ; 1 ' His Honor in. passing sentence, said t The opportune arriyar of Messrs Legge and Lawson had probably prevented prisoner accomplishing' the. object he had, in view. . The prisoner, he said ; belonged to a dangerous elnss of society. Sentence— l !^, months iniprisonroent, -with hard labor. .. '

THE QUEEN V. CARS WELL. r Charged with larceny as a servant at Clinton.-. .-.-.•-..- .....

Mr Taylor said that in this case he had doubts as to whether 1 the Court had jurisdiction. . ' r s , His Honov/said he had no 'doubt at all the.Court had not jurisdiction,, Tb e prisoner, should -Ihave been: committed for trial before the Supreme Court instead of the District Court. . , The charge/ therefore, fell to the ground. , . ! , ' ■ , [Note.-— Carsweli , was-.aftenyards rtaken before J. E Brown, Esq.^ charged 1 with the same crime and reminded to' Baiclutha.] , ■'-'■ ,;..•".. .! \ ," V-, : IN BANKRUPTCY". . . James" .Wyber applied^ for his final certificate of discharge. "\ Mr Walter Taylor appeared for the bankrupt, and, stated ' t\xa.t[ he did. not' think therowas any opposition. . - , His Honor said there was ; a satisfactory report from the Trustee; Order, of discharge granted. : ' . W. M. W hite applied : for his find! J certificate -of discharge. . -- " Mr Walter Taylor appeared for ; the bankrupt, .and said he was "not'aware.'pf any opposition. :- . . ...

HisHon.jr: Is the.bankrupt present? Mr White : Yes,' your Honor." His Hondf-:-I-b'b&ef-ve'frdm?th'e Trustee's report th'atfypu have-been engaged in an unfortunate.speculation,,ypur failure being unfortunate for yourself and the district. This !^pottery would "no doubt ;have been ;"a -valuable., acquisition to the district, but you were, to blame thus far, for, you, seem to. have, been speculating on .credit. -JV seems that the sum of £6000 ; hasf beeir spent by you in experiments, and of this sum, was the moneyl of other people. 1 I never blame: a man for speculating : with his own money, but it is a . different matter when he: speculates with money belonging to others.'' 7 - '";.- ";-.'

Mr Taylor : The bankrupt engaged a manager;- from home^ who professed to be a . skilled .person, 1 bn.hisbusiness, but this person proved incompetent to conduct. the^ business^ .and. the, joss was the cpriseque;nce vu An. action of damages had been commenced (again st this 'person. , 'I s /mention r this 'to show : that the bankrupts has- been 'a victim. •. His Honor: .Had he : been ; speculating with his own njoney no one. would have been hurt but .himself; A man has 1 no : right to speculate with the funds of . other ..peoplei'.unless'j thesV \otlier people knew it and^ agreed- to it. -tt would have Jjeen b^tjer for ; Mr White to have formeda- company. ( > »...-.!. . ; -.■ j Mr Taylor :. I Relieve this was >■ triecj/ 3but:.was not;' successful; -V K. ',nope; y our Honor will take a lenient view of , the: paatter,^ for -the 'bankrupt .appears t;p paye, been more sinned .against than

[Binning 1 - . . „ Honor ;T : . see "that 'VjMe atooiint ;dt^ to f the/, National ; , BankVri8 £ 41680.' LW&s any security given for this -amount? Vjtfr White: No. ...'•-• -

•r/'i?

" jrlß-is Honor : £4680 without' secufi tyt" '■ r . .;, M^;- T^ldr;; 1 : ; : This "^hciws;' 1 that f th/ev ■- . Bank^h^ xpnfenbe^ JVTr")^^^' j-'l I ' , t ; ;?His: Honor:: *$e&i# I. ■seeUhat- th' ci ' '[ Bank'is'theiafg^st creditor by"a : great i : . Ideal: .Surely the Bank must, have been t! ;weiliawWrejofthe J: naturiß:;6f-, r tliis'spe'cur , ] '": latioiij -and de facto if -they! allowed.'.Mr " '; : White :; tp; : take ; 'fr6m;th ! eir.? coffers ! -the r : ", sum| of .nearly carry' iitonj,.:; ■ they almost- .constituted^ ;the;raselyes, ' ;partnei^'inVtlie''-srj^cula]tion'';; T . "/ '.', .■: ;: \ . j : Mr..W>h"ite.:'lLjbflWed":th ! eVßank ;^ ' •- buildings 'arid whole 5 plaiit ' as 1 security^' but they, would not .abce.ptr i"t/ : ;" ' Th 6y 5 ' „;said; iii; did ; nbt inatt^ri f :' ; ( ' s VI.S' 7 .* : . ! , :/ -V.. ! . : " : . ..His '/Honor,:' Thisv seeWs i/to ;iae, the;' ' ; mpst |>eaevplerit;;Bank,l i: haver been^ac- 1 ' ; quairited wit'tf'cfdr'sptoe'.ti^ ; ajmbst refreshing instance tor. Christian 1 ; kindness ; and;uns(^lfi^hness; o r a j the/ part ; of a| Bank, but 1 donpticifpw lipw.;th'e ; if conduct in '.tins respect ; "will meet thel : ' views' ■ > '6f : tn'ef'snhreHoldeTE(J i;il '-'Uiidyr the' circumstances I will grant the, order .of clisohargei ■> •■ .'"'.' -Ji' : '%'jV '~;^;'i'/-.'.-. /'u^ -,■''■ ' In; re' William 7 Wyber',' Mr Taylor. , appp^redi for the . b'ankrtiptj;;. arid' asked" : that the- case be allowed tp stand, over ! until. Monday. " • ':: :-'. : • : '; : . case :"..was postppned. , : .' . iETTEBs'oF Ap^I^IS^RATIONi.'. . V On application of Air Taylor, letters- • of administrations were- granted; in the 'estate of the late James Garroway^ of -Port Moiyrieiix. , '..:,;■ , ; '-^ ' .•' '. . Monday, 21st February;: ;■ . .. i;> ■-, in bankruptcy; / ■ •- ...William'Wj^ber applied for his find discharge, and after some i explanation by Mr'" W, J; Dyer; Trustee in", the Estate, the same was .granted. . : . CLARK if. 'BEGQ. ;"■ ■ "•'- ■' ' '*• In this case the" plaintiff was'.Rpb'ert ! Clark, farmer, ot ;-Hiliend, : near ',- Bal- . clutha, and the 'defendants \Ym; :Begg and John Begg, runholders", of Hillend ' station; near Balclatha. :;;- The'suit was brought to : recover ; the sum o^; £183 ,19s 6dj being the balance Alleged to b& due to the plaintiff' for Vbrk and labor dPne, for - defendants at ; their; request, . and for damages sustained by the plain.- • , tiff through . tbe defendant's . having wrongfully refused, to permit the. plain 1 - ' tiff to ' perform his contract vvitli them for ploughing,- dated April/1875.' The: particulars of the ; plaintiff's wprki and . of payments receiyedpn account thereof,' : were as follows :— May,? ; 18?5, to j car-

riage.of . wheat, \-£6 1.7s 6d ; Juiie;29th, to ploughing 982 a.cres and .3 ibbds,; at 15s per acre, £737; Is 3d; October 7th, i!o . damage" through j plain tiff not bsing." permitted 'to plough- -lty acres according to agrieemen't, £12 18s 9,d j ■ total, £756 .lPs.Gd. Contra payments, 1875 — By amount received in- wheat, £24 ,10d; in oats, £104 lSs'Sdj- in ■ chaff, " £88|. in', imitton,VL37 „8s j in, harness hair, LI 1 3s •1 1 d ; in '. bags, LL Is ; in sacks and iron, : ,2s ; Bd. - September 1,. by cash, L2oO ;. December 6, by cash, LIOO j ''November 1.5, by. cash, LlsiSs 2d; leaving, a balanceclue to I plamtiftofLlßai9s^dr; : : ;,,,: : : ; | ;; ;.; Mr G. ;E. Bartonf appeared for. the ii plaintiff, atid^ V'Messrs 11^ ; B : i v 'Stout r ian'cl c D; 1 Reid ibr. the -defendants'. ; . - •/'■ ' ;" ' : :. ; ,;■' '■\ Tfc r e r? defendants (pleaded - that 'the 1 Court' had "no. jurisdiction "to try the I casei , the plaintiff' not.: liaying carried outthe contract according to specifica-

tion.^.- • . < '. J .; iV/ . ,',v. v.. : W '" ■''"■' : '" : -" ; -"' . ; Mr -Barton opened,the case.-, '."■"- '.-';,"" /J . Mi' Stout contended that ; . the i Court had.no jurisdiction.; 1 : "It 1 '; was;; evident, ' he said,' from the nature, of the -credits g-iyeii;. by defendants that had r ;

.been paid in wheat, -'.oats,*' chaff, ' mutton, harness hair, bag's, sacks andfirom; 'He;, submitted that in" no cases could : a ; ..pay^. men: in kind, be recognised, as ajpay-'. inent of balance of account. It Was not stated' that -there : was .9, -statement of account between the parties^ and that thismatter was accepted, as payment tinder/ the^ajrreement. . ' ',- . . : . ' ; ' v !

:Mr Baiton, after replying*- c aid .-he would call evidence on the- point.- He called -V' • '•'■- ■• : -••■.■=.- -.■■ ■■■ , ,'...

, Robert Clark, who 1", went.: :to the/Messrs Begg- and ; saw'theirbpoks;' They sa,w\ niine, ' ami; Vl vp r ■ When I was leaving; .we had an ,under T; 'standing as to the amouht'due 'to I''.me'.:1 ''.me.: iWei compared. ; our books,. . ';! j ■ We : : cduldt ■ notVeome' to an agreement as" to > the J 'iquantity^f^atid.ipioughed./ .We had a mutual agreement. w.itUV reference' to,

cash / ■phyrn en ts,:. oats,- chaff, 7 &c v and both; parties were satisfied. , I ''said; I" only wanted to : have -the one affair todispute when; we went to , Court, and ,they;ag^ee(i to^this. , We went alj.toyer theitenois twice, and in the end. we- were both satisfied as 'to' the Items of* cash"'

and goods received. . . I, the.n'offeresa. to j . paj^ them for the wheat; - and- that ithey : isbiouW 'pay :; me; fpjp'!'the'. camag r e> I Ranted, this -kept out, .Wt,;tiiey ; were' satisfied, to; make ; it one trangaction. ; i To Mr Stout:. There were. various points in dispute : be,t\veeh : usf-i.the- . acreage and '_-tha manner 'in ?wlii6li I' had . done mywork/." ■; ■ .■•,■■'.. '. :< ''".': f,.,.';;V '. 'l\ ; ; ; Mr ßarton .contended that the" Court' had jurisdiction; notwithstanding-. .that: there was no -settlement/betweea thei parties.'. . ; ',[''.- ;'-.'.',;";.'. -'; : ,--Vv.', " ! -';■ -: 1 *-' : ! •After.Mr Stout ? s : reply, and- some'remarKs by ; his .Honor, ,'j^r ' Barton did: nbt;press. the .point/'r'.' v-'-V'"/ ..', .' r • > • " jvv 'Ji .)night ,be heard^andjihe .point ;reser veil: by- the •Court .This ip^^ however' ap-'"', peared could not done. ,;^! : -, "■ c-r' Mr Stout said his clients would agree

■ i t6"relfer;the,;pomts iiL,dispute r tp arbitya;. tionj a deed of submission 'to be/!wHtt.en< ;ssd signed. >J.-,r ! : .m t, ,;?„.*.] ' r _ j.:.." # j m ; >f j ;J L, ..Mr^BaHpnysaidHft^ [mdc j^ould appoint saVrfi-iend^hp.^pUtd; 'onlyj agree to a decision one way. v Whjr ' bpuld- f inol^the -four.- jurymen^ .j.Messrsr Blu^s, .Blackiev'^Gameyph 1 and : ■•■ Bryce "settl^thp^tter?'. l f ";H' :) : -}\} A - >t; :ul '> :'•] Hig.'flonpr^thpuglit^tHat; these;;fb.ur ; "jurymen would settle the well, . but juriforturiately they could notido so. ; ,He thpv(ght:th'a : t this^a^h'base for ar> . bitration,- ;for then the, .arbitrators cb'iild ; 'see the'ground." 1 - ; ">• " • -•■■.' ■■;> = -. ■.:■■'>':■•■ ' ;, Mr S.tpu t said he wbiild agree to ti 4eed of submisslpnV' J '" l ".\ ';''''' f :i ; '' ; '■':■ " Mr -B'artpii, said 1 ' thaji. ! . ! ,as,;his:iaoh6r:; ;had| decided that the District -Court had not Jurisdiction^ the r matter .•; would be: 'tafcen M'tHeVS.iipretH^ GpWi;,;; <; ; ' ; ' :>- --.'i • jAfter some , further discusgipn^ 4uring L jwliiclvMir^Stout suggested' several gen"tlemen as arbitrators,; , : : ;' : ' ■ „.. His Hpnpr sai^.that the,' case would ; be,j 'd'truck- out,;up6n'th.e.rgrbnn;d?tha't.the ; :Coitrt;tfad?rio jurisdictipn; ■' He'did not ;tbinlc"this ',was a : cuse-in' wtich. to allow posts. .- ; -. ■ ■..■■.'.._• ; : ' . '; .." ', '• „"■■ '. .';;.;^ • The Court WasYthen adjourned. .