RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume IV, Issue 187, 10 June 1873, Page 5

RESIDENT MAGISTRATE'S COURT.

Thursday, June 5, 1873. (Before W. Lawrence Simpson, Esq., R.M. ) police v. oeorge Murray.

Defendant was charged with riding furiously across Cromwell Bridge on 25th May. Fined 205., together with 6s. 6d. costs.

D. TACKiVKT V. R. H. WALLACE,

Claim, £l3 165., being amount of expenses incurred by plaintiff (a horse-trainer) in entering and running the horse Boomerang at the Wakatip Races in January last. The case was partly heard on the Ist ult., and was adjourned in order to obtain evidence at Queenstown. The deposition of Mr Goodsir, hon. treasurer to the Wakatip Jockey Club, was now read ; and Mr Wilson (for plaintiff) stated this would conclude the case for his client.

The defendant, R. H. Wallace, gave evidence at considerable length, alleging that he never consented to send the horse to Queenstown, and that his agreement with Taggart referred to the Cromwell Races onlv.

Alex. Graham was present when the agree* meat was made between plaintiff and defendant. So far as witness knew, the agreement referred to the Cromwell Races only. Mr Wilson s id the plaintiff would rely upon the letters produced, which were written subsequent to the verbal agreement, and which bore out the plaintiff's evidence. If any wrong had been done by Taggart, defendant had expressed condonation.

His Worship, in giving judgment, said there was no doubt that the agreement made between the parties at Albertowu had reference to the Cromwell Kaces alone. But the plaintiff’s letters placed the matter in quite another light. They showed a disinclination on his part to risk sending the horse to Queenstown unless it had a good show : a most ridiculous idea, for was not all racing more or less of a lottery ? Defendant, in one of his letters to plaintiff, wro’e :—“ If there was anything like a good chance of him winning the Maiden Plate and the big race, and thus a good opportunity for selling him, I would not mind another £10.” And again ‘lf he goes to Queenstown, and things go right, I shall see that all is right. If not, you’d better send back the horse, as I like straightforward work.” The effect of tb s on the mind of Taggart would of course be that he was to send the horse to the Wakatip Races : it would admit of no other interpretation. Could Taggart make certain that the horse would win the races for which it was entered ? No—unless he went in for a swindle. The Bench was therefore driven to the conclusion that the defendant had made himself liable, and judgment would he given for the amount claimed, together with 235. costs of Court, 10s. witness’s expenses, and 21s. solicitor’s fee.

MATTHEWS AND FENWICK V. O’BRIEN AND

GLOVER

Claim, £1 17s. (id. for printing and adve ,- tising. Judgment by default for amount claimed, with 10s. cos Is.

SLAUGHTER-HOUSE LICENSES.

The applications of Win, M ‘Master, Whitton’s t’reek, Upper Nevis ; and (J. Kuril, Nevis Crossing, were granted.