RESIDENT MAGISTRATE'S COURT, BLACK'S.

Dunstan Times, Issue 301, 31 January 1868, Page 3

RESIDENT MAGISTRATE'S COURT, BLACK'S.

Fbid.vy, January 24. (Before Mr. 11. \V. Robinson, R.M.) Gavin v. M'Cullough.— Martin Gavin, sworn : 1 am a miner an 1 reside at Germanhill. I am the plaintiff in the present action. On the 3rd of January, at Drybread, I bought from Ford and Harrington, for the sum of £lO,-a booth and fixtures at Drybread Racecourse. Oa the 4th of January I went to the booth, ami asked a man 'whom j I found there (Joseph Boxall) if he -was in ; charge. I asked him how much lie was ' getting for looking after the booths for Ford and Harrington and Hinchcliffe. I told him the place belonged to me, and that I would pay him the same as he had been paid—.ls. per night and i>s. per day. He agreed. Next day, when I was there the was pulled down and put behind the Grand Stand. I asked who pulled down the booth. Boxall replied that it was himself, Campbell, and another person. Next day I saw Campbell, who said hehad nothing to do with it. I then learned that M 'Morran hail taken it away. Mr. M'Morran would not say anything, but told me to " find out." 1 then traced the propert}' to Mr. Collough's premises. He said that he would not give -it up without the order of the person who left it with him. Cross-examined by Mr. M'Cullough : The document 1 produce, marked A is a memorandum of sale to myself from Ford and Harrington. 1 paid £lO in notes to Ford. I did not know the property was in M'Cullough's possession until the loth inst. I did not know George Curry, or pay him money. Ford clid not go with me to give possession. I did not show any authority. Peter Harrington, sworn : 1 am a storekeeper, at German-hill and Black' 3. j was present when plaintiff bought the place of Ford and Harrington. I saw him pay the money. I was present when the plaintiff inquired what had become of the place, and he was told M'Morran had taken it away. The document was drawn up about half • past 2 in the morning. I bought Fallon's store when he bolted from German-hill. Ford signed for Ford and Harrington. It was the house known as the Shamrock Hatel, Drybread. The paper marked A is the one there written. I did not see any one sign as witness. I do not know that the paper was any larger when the same was written. P. Flannery, sworn : I am a miner at German-hill. I saw the plaintiff pay Ford. 1 never saw the paper marke-I A before today. The money was paid on the Cth or 7th inst. in the morning early. Not clear day" light. I think Ford and Harrington received the money at German-hill on the Gth or 7th. I am sure it was not the 3rd or 4th. I think Garvin took possession of the booth on last day of the races. 1 was not at Drybread. I only go by what I heard. The money was paid in P. Harrington's house at German-hill. Martin Garvin handed to Hugh Ford some notes, but I did not see how much they were for. Ford and Harrington were present besides the plaintiff and myself. I did hear that the money was for tho sale of booths at Drybread race. course. Joseph Boxall, sworn: I am a miner at Drybread. 1 remember the 4th inst. Plaintiff came to me and said the booth belonged to him. Next morning you came and asked who took the place away. I said Bob M'Morron. G. Curry had put up the booth. Ford had me in possession, ami never told mo to give it to plaintiff. The witness was re-called and evidence of little importance in favor of plaintiff was elicited. The Court held that the sale to plaintiff by F. and H. although suspicious was not shown to be void. Tho plaintiff had had possession by his agent Boxall, and then defendant was not in position of an assignee of

vendors, consequently, not entitled to claim the property as of right; so far as any right had been shown it seemed to reside on the plaintiff, who was T>ot now for the first time seeking to obtain what he alleged he had bought but had had possession. Defendant was ordered to give up the property to plaintiff on application, or pay £2O and costs.