RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VII, Issue 1951, 6 August 1869, Page 2

RESIDENT MAGISTRATE’S COURT.

This i >ay. (Before A. Chetliam-Strode, Esq., E.M.) DRUNKENNESS. David Freeman was fined 10s, or 24 hours’ imprisonment, for drunkenness. Civil Cases. Gunn v. Clayton.--W. D. Stewart for plaintiff. Claim for L 3, balance of contract, building house. Judgment for plaintiff, with costs.

Mansfield v. Lloyd.—Claim for LI ss, for carriage of kit of fish from Dunedin to Clyde. Judgment for plaintiff. W. Saiusbury v, A. Smith.—Mr Wilson for plaintiff. Claim for L 8 17s, balance of contract, building stable and extra jobs. Witnesses were examined to prove the work was overcharged, the M agisirate eventually giving a verdict for plaintiff in the sum of LG 10s fid, together with costs J. Boxer v. G. Tur bull.—Mr Wilson for p aintiff; Mr Harris for defendant Claim fur i,B wages—viz., one week L 4, and L 4 in lieu of one week’s notice.

James Boxer, sworn, deposed : On the 9th June I was advertised as the only authorised collector for the Evening Star. Mr Douglas was then the manager, and signed the advertisement for the proprietors. Mr Douglas told me he had received instructions to engage me. On the 11th June the Star was transferred to Mr Bell, and he, having a staff of his own, did not require my services. n Mr Henningham ceasing to have anything to do with the Star, Mr Turnbull told me to do the best 1 could for the paper. I did so. On the 12th June, Messrs Turnbull anti Douglas instructed me to assist in removing the plant fxvm the old Star office to Mr Bell’s new premises. This I also did. On the 14th June I went to Mr Turnbull, asking him what I should do. He told me not to bother him, as he had been bothered quite enough about the Star. By Mr Harris : Mr Douglas engaged me, telling me he was doing so with Mr Turnbull’s sanction. My salary was always L 4 per week. I did once tell Mr Henniugbam I would accept L 3, b it on certain conditions. Those conditions were not fulfilled, so I held to the L 4 agreement. W. J. Henningham, sworn, deposed : The plaintiff’s wages always at the rate of L 4 per week. It was a fair rate of wages for the work. Mr Turnbull, on the night I ejected several persons from my office, came up and demanded a"d took away part of the plant of the Evening Star. By Mr Harris : I was never present when Mr Turnbull engaged Mr Boxer. This closed the plaintiff's case.

G. Turnbull, sworn, deposed : I never engaged Mr Boxer as collector, or in auy other capacity, nor did I give instructions to Mr Douglas to do so on my account. Henry Driver and others were the proprietors of tho Star on 9th June I never gave Mr Boxer instructions to assist in any work connected with the Star.

By Mr Wilson : It is perfectly untrue that I ever engaged Mr Boxer. I had an inrerest in the Slur, having some of the plant. 1 was one of the proprietors. MiDriver was also one. I never authorised Mr Boxer to canvass for the Star. The sale of the Star was made to Mr Bell on the 9th June last, two or three days before Mr Driver went to Wellington. On the 9th June, the Star was printed by William French for the proprietors. It has never been arranged who is to receive the advertising accounts from 9th to 12th June. I paid the wages of the men up to 12th June for Mr Driver. This c osed the case. The Magistrate remarked that he could not hold Mr Turnbull personally liable, although no doubt Mr Boxer ought to receive his wages from some one. There appeared to be very many discrepancies in the evidence, and it was very contradictory. Judgment for def'-ndant. T. Mack ay v. J. Dickinson.—Mr Ward for p aintiff; Mr Karris for defendant. Claim f r L2O, damages done to horse by defendant’s cab on 21st July, 1869. Several witnesses were examined on both sides, which chiefly went to prove that the plaintiff’s horse was given to shying. The Magistrate said that it appeared to him that the accident was caused by the plaintiff having a shying horse; that toe horse appeared to have gone to the cab, not the cab to the horse, and it was not caused by any negligence on the part of the defendant. Verdict for the defendant. Gillies and Street v. John M'Lean.—Mr Macassey for the plaintiffs; Mr Barton for the defendant. This was an action to recover the sum of L3B 15s, the amount of commission on the sale of 315 acres of land at Otepopo. Both Messrs Gillies and Street said that no special arrangement was made, that, the property realised LI4OO, and the advertising cha ges, 1.3 15s. His Worship was inclined to refer to the usual course in such matters. The defendant swore that

the agreement was to charge p:*r cent Mr Street said there was no such arrangement. He had no alternative but to give it to the defendant. Mr Macassey said that he would take a non-suit. The plaintiff was non-suited accordingly.