RESIDENT MAGISTRATE’S COURT CLYDE.

Dunstan Times, Issue 466, 14 April 1871, Page 3

RESIDENT MAGISTRATE’S COURT CLYDE.

Tuesday. April 11. (Before Vincent Pyko, Es(j,-, Pi. Mi;, and Jamrs Hazlett, Esq ,\r. P-) Cottar v. Lough nan. Settjed.'out of Court. i—Wi'son v. Jenkins. Claim for £lO 15s lid money lent and goods supplied. Defendant admitted owing £2 Os. lid. M-. Brough for plaintiff, Mr. Wilson for defendant. Pla ntifTs wife deposed thatin Juneor July 1867 she lent defendant £B, which he at various times promised to repay but had nut done so. Plaintiff stated 'that Brotherston, (defendant’s mate) had paid LI on account, and that defendant promised to repay the amount. Defendant swore that he nev r received the money, and he had never promised either Wilson or his wife to pay it. The Resident Magistrate reraaaked that the manner" in which defendant gave his evidence destroyed any weight it might have had, and gave judgment fir \ plaintiff for L 7 and c sts. I; Thormahlen v. Stirling. Action to recover L4O, damages for an assault. Mr. Brough appeare 1 for plaintiff, aid having stated his case, called Jacob Thonnablen, . who deposed that on the Ist of April at about half past eleven o’clock, he went behind the Town Halt to catch a rabbit, when he foiuiddefendant with a hull dog anS two hoys there trying to catch this rabbit. Being afiaid tlie dog would kill the rabbit, he throw a stone at it, whereupon defe slant hit him on the 'hack with a pole, (pro '•need). When he was struck, avitness P ic ked up a stone, which can ed defendant to rush at him. and strike him several times about the face. The injuries he received incapacitated him from pursuing his vocation'for-soine time. He had been under medical treatment, an! was not entirely recovered yet. IMG would not compensate him for the loss he had sustained through the assault. Cross examined.—Recollected shaving aan an the day following the assault and mi.lit have shaved several others. A lad deposed that he saw Stirling strike plaintiff, who was striking at him, (Stirling) with a stone. Defendant was getting out of plaintiff’s way. Ho thought plaintiff was the aggressor. Dr. Thomson deposed that Thormahlen’s eye was swollen through erysij elas, and that for some days, he was unfit to attend to his business. The Resident Magistrate said defendant had ■nothing to answer, and dismissed the case with costs, 255.

Wilson v. Bro'berston. Claim for 1,41 Cs. Id. Mr. Brough for plaintiff, Mr Wilson for defendant. The plaintiff deposed the amount was owing. In cross-ex-amination, a receipt tor L 25 was produced, which plaintiff sai 1 was for another account , but it did not appear on bis books. He also ■admitted having received LlO and 1,1218s. Dd. The witness then got into a fearful state of muddle with reference to bis books, whicbmade matters worse, and counsel on both sides gave up examining him in despair. Mr. Brough proposed to call Brotberston, but Mr. Wilson objected, as he bad not been subpeenmd. Mr. Brough asked the Clerk of the Court to make out a subpoena. Brotbeston then by direction of his counsel left the Court. Mr. Wilson

then inquired if Mr. Brough-was going on with his case . Mr. Brough having no other A witness to call, said his case was closed. ( Mr. Wilson contended that as plaintiff had not produced a proper account, nis client had nothing to answer. He called William Brotherston, who stated that he was not indebted at all to Wilson, that no accounts were ever made out, but th it plaintiff used to tell him the amount of his account, and ho used to pay it. In cross-examination he sard L 3 was still duo to plaintiff. The Resident Magistrate said the state of confusion in which plaintiff kept his books was something unparalleled, and it was utterly

impossible to come to a decision. As defendant admitted owing L 3, he should give judgment for that amount, with costs of ■Court.

Payable diggings have been discovered between Carcoar and Caneyvindra, New South Wales.