RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VII, Issue 1931, 14 July 1869, Page 2

RESIDENT MAGISTRATE’S COURT.

This > ay. (Before A. Cbetbam-Strode, Esq., R.M.) DRUNK AND DISORDERLY. Elizabeth Powell, for this offence, was fined 20s, or, in default, forty-eight hours’ imprisonment; James Letty 40s, or one week ; and James Lane the same amount. STEALING FROSI A BEDROOM. Thomas Hyman, alias Chumpkins, for this offence, was sentenced to imprisonment for one calendar month. Civil Cases. Armstrong v. Whittington. This was a claim for rent of a quarter section of land, and also for the value of a kerosene lamp. The sum sought to be recovered was Ll3 10s. Mr Ward for the plaintiff. Verdict for the plaintiff, Ll3 10s and costs. Mr Whittington asked to be allowed to appeal, and said it was a hard case. The Magistrate: If I hear any further remark, I shall commit you for contempt of Court. You may appeal. Kelly v. Gregory.—Mr Macassey for the plaintift ; Mr Stewart for the defendant. A claim for L2O lor damages. Mr Stewart said that the pleas in defence would be—First, obj ctiou to jurisdiction ; secondly, the delendant pleaded not guilty ; thirdly, that the plaintiff was not possessed of the land in question; and fourthly, that the defendant committed the alledged grievance in exercise of a right of road in or over the land complained of. Mr Macassey stated the case, and called the following witnesses. D. A. M’Cleod, surveyor, said the defendant Gregory was the lighthouse keeper, and that he held no land at the Otago Heads. He produced a map of the ground, which was prepared by him. It was not the original plan, which was in Auckland. Mr Stewart objected to the evidence, but afterwards withdrew his objection. The witness said the plaintiff occupied the land adjoining that on which the lighthouse was built, and that he was a pilot. There was a road to the lighthouse on the beach, which he himself had marked off lately. The plan produce 1 was done by instruction from the Commissioner of Crown Lands. There were two persons at the lighthouse—the lighthouse-keeper and his assistant. In answer to Mr Stewart, the witness said there was a Maori track across the plaintiff’s laud, but not a road. Koraka Koroti, a Native, whose evidence was interpreted by John Robinson (the oath was interpreted by Mr Watt), said he was born atithe Heads. He remembered the light-house being put up. He thought it was four years ago. The pilot Kelly was living there before the lighthouse was put up. Captain Loudon and Pilot Kelly lived there first. The defendant did not live there till the light was put up. Rent was paid to the svitness for the land both before and after the lighthouse was put up. He leased the land to Gregory and ail the pilots, and received so much a-head for cattle from each. That was before the Land Court sat. He bad made no arrangement since. In reply to Mr Stewart, the witness said Driver lived on the same land mentioned as leased by William Kelly. In further examination by Mr Macassey, be said Gregory had six acres of a section of 82 acres, and Kelly the remainder. Wil dam Kelly, the plaintiff, one of the pilot crew, said he lived on the pilot reserve and took the land of Korako in November. He had two milking cows, a steer, and two calves running on the section. He told Gregory of having taken the land shortly after he had done so. Those who ran the cattle on the land paid him 5s a head, except Gregory and his assistant, who refused, nor would they take their cattle off the land. He put up a fence a short time back to keep Gregory’s cattle off, but although four days’ notice was given him to remove his cattle and horses, he drove them inside his fence. On Tuesday, the 6th, he was about to turn Gregory’s horses off his land, when he observed him coming up after the witness with an axe over his shoulder. When the horses were turned out he closed the gate. After going away for a short time the defendant cut the gate down. William Moore saw the defendant go up to the whirligig thing and cut it down with an axe Robert Brebnnr, one of the pilot crew, also saw the turnstile cut down.

Mr Watt said if the memorandum of agreement produced was made, it was before the s tting of the Native Land Court last year. He believed that words had been inserted in the agreement that were not originally there.

Judgment was given for the plaintiff, L 5 and costs.