RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume IV, Issue 168, 28 January 1873, Page 3

RESIDENT MAGISTRATE'S COURT.

Thursday, January 23, 1873. (Before W. L. Simpson, Esq., R.M.) JAMES TAYLOR V. WM. DALE AND OTHERS. The plaintiff sought to recover the sum of £25 ss. 6d. for timber and other materials supplied to John Jones and William Dale, miners at Kawarau Gorge. The defendant Jones appeared, and admitted the claim. He stated that Dale had absconded while he himself was an inmate of the Dunstan Hospital, taking with him £4O of his (Jones's) money ; besides leaving a number of debts unpaid. Dale, however, was still the owner of two shares in a water-race. The Magistrate : In that case you should take steps to have the partnership wound up at once, in order to realise funds to pay the liabilitk s. Judgment for amount claimed, but execution not to issue until sufficient time has been allowed to wind-up the partnership. E. LINDSAY V. JOHN JONES AND COMPANY. Claim, £l4 Bs. Gd. for ironwork. Mr Jones admitted the debt, and a ver lict was given for the amount, together with 19s. costs. D. TAGGART V. J. WRIGHTS )N. Complainant claimed £39 as damages for an assault alleged to have been committed upon him by defendant on the 23rd December last. Mr Allanby for complainant; Mr Wilson for defendant. David Taggart, publican, Mount Pisa Hotel, sworn : T was in Kidd's bar room about six p.m. on the 23rd December. While there, defendant came in. Several others were present. Wrightson accused me of sending him an insulting letter, and called me a loafer and a wtlsher. He then took my nose between his fingers and gave it a sort of twist. I knew defendant intinvitelv. Would not have attempted to grapp'e with him at any time. I was then, and am still, suffering from a broken jaw ; and I believe defendant was then aware of the fact. Cross-examined by Mr Wilson : I was perfectly sober at the tine. The money I paid defendant was not on acaount of any mercantile transaction ; it was for a bet of £2 and a loan of £l. This was the plaintiff's case. John Wrightson, miner and publican, Kawarau Gorge, sworn: I remember being in Kidd's on 23rd December. I lent Taggart £1 and won a bet of £2 from him. I asked Taggart why he sent me that letter (it contained only £2). He said Jolly had no right to send me that letter : it was not intended for me. He said he was a more respectable man than I was. I told him to pay me the pound he owed me, and not to speak to me any more. He tried to borrow money from several people in the bar, but could not get it. I told him he was a welsher, and he said he would make me prove my words. I deny pulling his nose, although T told him he was only an apology for a man, and that if he was worth striking I would have struck him. I never lifted my hand to h'm. I believe I told him 1 would pull his n033, but I was afraid of his head coming with it. On the 24th he gave me the £l, and again told me he would make me prove my words. On the day after T got the summons, Stanbrook came to me and told me that Taggart wishe 1 to settle the case and would withdraw it if I paid £2 or £3. I said I would pay £2, but no more. Cross-examined : If I had not seen Stanbrook, I should certainly not have gone to the Queenstown races. I believe Taggart summoned me on j purpose to prevent me going. I did not touch j his nose, nor any other part of his body with the i intention of hurting him. Mr Allanby here intimated that he would elect to take a nonsuit, as there were half-a-dozen persons he could call as witnesses to corroborate his client's statement as to the nose-pulling. The Magistrate granted a nonsuit accordingly, remarking that either the plaintiff or defendant had sworn to a lie. The plaintiff was adjudged to pay amount of Court costs incurred by defendant, together with 21s. solicitor's fee ; and to be allowed 21s. for expenses of attending the Court on the day when the case was fust called. J AMI'S SCOTT I). JOrIN WILSON. Claim, £3 3s. to which defendant pleaded indebted, but asked for time to pay. Judgment for amount claimed and costs : execution not to issue for the space of a week. » COSSAR AND BENNETT l\ W. WATSON. , Claim. £24 13s. lid. Defendant did not apt pear. Verdict for sum claimed, with 275. costs, i By consent of plaintiffs, it was ordered that the , debt should be paid by four monthly instalments 3 of £() 12s. 6d. each : in default of payment, dis- . tress ; failing distress, the defendant to bo imr prisoned for three months in Dunedin Gaol. y' HAWKER'S LICENSE. Oliver Cumnnngs's application was struck out, y the Magistrate stating that it ought lo havo been I made to the Dunedin Bench