RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3797, 15 September 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day,

(Before Messrs. T. K. Newton and E. Lyndon, Justices.) DRUNKENNESS. Thomas Long pleaded guilty to having been drunk at Clivc yesterday, and was ordered to pay a iiuc of /is and costs, or in default to be imprisoned for 48 hours with hard labor. CIVIL CASE. Kinross v. J. T. Wood and James Ford, trading as J. T. Wood and Co., to recover for goods sold and delivered. Mr McLean appeared for the plaintiff, and Mr Lascclles for the defendant, James Ford.

Mr Lascclles said the summons in this case was only issued last night on a declaration that tho defendant was about to leavo the jurisdiction of tho Court. Tho caso being called on so suddenly took him rather by surprise, and he would show there was no necessity for the haste that had been used. The defendant Ford had freehold property at Hastings, besides other interests, and had no intention of leaving the district, at least for some time to come. It was also a very mixed question whether or not ho Avas a partner of tho defendant Wood, and whether the goods charged in tho bill of particulars were not ordered solely by and for Wood. Ho also wished to obtain tho evidence of AVood to show that Ford was not a partner in tho firm. Under these circumstances ho must ask tho Court to take the evidence on oath of his client as to whether he had any immediate intention of leaving the colony, and if the Court wns satisfied lie had no such intention then lie would apply for an adjournment until Tuesday. The defendant was, by leavo of the Court, examinee!, and said he had no intention of leaving the district before Saturday next, and would undertake to appear on Tuesday if the case were adjourned until that date. Cross-examined by Mr McLean, the defendant admitted that he had instructed Mr Harry Smith of Hastings, to sell his freehold, and that a purchaser had been found for it.

Mr McLean said tho application for adjournment had been based solely on the defendant being a freeholder in the district, and that pica had now boon disposed Ho must object to any adjournment,

Mr Laacelles said ho had other grounds for his application. Under the Resident Magistrate's Evidence Act, ISOG, he was entitled to apply to have evidence taken on behalf of the defendant. Mr Wood, who Avas said to bo a partner of Ford's, wan in Wellington, and he wished to have his evidence taken there for the purpose of showing there avbs no partnership existing. Ho (Mi' Lfiscellcs) held in his hand an account of the plaintiff's in which tho goods sued for were charged to "Mr J. 1. Wood," tho name Mr Ford not appearing at all. Mr McLean argued that Mr Lascclles had not shoAvn sufficient grounds for an adjournment. He would produce a letter in Mr Wood's handwriting to shoAV that Mr Wood had declared Mr Ford to be his partner. Mr Lascclles objected to the production of tho letter. It was not on oath, and could not bo accepted as evidence. After some further discussion Mr NeAvton said tho bench was of opinion that tho plaintiff had not shown any good reason to believo that tho defendant was about to leaA'c the colony forthwith, and tho defendant, having stated on oath that such Avas not his intention, the ciiso would be adjourned until Tuesday, Mr Ford to give some guarantee that he Avill not leave tho district before the case is heard. Mr Laseellcs guaranteed that the defendant would appear, and the adjournment was granted.