RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VII, Issue 2047, 26 November 1869, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Beforo A,O. Strode, Esq., R.M.) DRUNKARDS. Samuel Farrow was fined 10s for being drunk, or to be imprisoned 24 hours, NOTICE OY REHEARING. Sir Ward cave notice of application for a rehearing in the case of Dick v. Hutchison on the ground of surprise and discovery of fresh evidence. Mr Bathgate opposed the application and held that the surprise was pot on the part of the defendant, but on the papt of the plaintiff. No evidence could alter the facts brought hefpre the Court that there was wrongful dismissal on the part of J. W, Hutchison and Co., who appointed, paid and dismissed the plaintiff. They were therefore rightfully sued, and must be considered the employers of the plaintiff, and not Crafts, who had a contract with the defen lanls, to whom no would be done by allowing the ju igment to stand. To grant a new trial would be an act of oppress! n by large capitalists upon a man earning Ins own livelihood. M Ward could not jjiun erst and Mr Ba hg.ve’s indignation about < ppres-iou as the plaintiff was actually recc vlng double wages, a month awarded to him and')vliat he was at pivsent earning. His Worship aaid ibe mam question was, was it possible to produce the evidence alleged to have been discovered, at the time

of tho trial. There must be finality in- all cases, and unless good grounds were shown they could not be reopened, v It would be a wrong to a party to do so, "except on most substantial grounds. But iirthat particular case, quite independent!ent,- of written receipts, the evidence led him to tho conclusion that Messrs J. W. Hutchison and do. alone, were the employers of the plaintiff, and Crafts himself said, “If you had been in my employ, I would kick you out of tKe yard.” To the very last, even to the written clismissal, this view is fully proved. He wished ho was as fully satisfied in every cam of the correctness of the j udgmeut. The application must be declined. Civil Cares. Buchanan and Wilson v. Robert Croshaw. A claim for rhe value of five bags of roche lime, L2 12s GJ. The plaintiffs claimed the amount .as being outside a contract, which they had executed for the defendant.—The defendant averred that the amount was settled by an order given by the plaintiffs on a third person. At tho time of Settlement the plaintiffs commenced fighting, and tore the order up and another paper, the fragments of which he had picked up and put together again.—Judgment for the plaintiffs for the amount. Willoughby v. Paterson.—A claim for L 7 ss, for coals supplied. Tho evidence showed that in all previous transactions Mr Thomson, the owner of the Queen of the Isles, of which Captain Paterson was commander, paid for coals supplied, but as agent for tho vessel, not as owner.—For tho de fence, Mr Wilson contended that Captain Paterson was not pe sona'ly livble for the sum claimed ; that ho had been in the habit of certifying f -r the receipt of goods which were paid for by Mr Thompson.—His Worship could come to no other conclusion than that credit was given to the owner of the ship, and not to the master of the vessel personally. Judgment for defendant. Josh. Kemp v, J. Jowitc.—A claim for Ll4 19s; Mr Wilson for the plaintiff; Mr Ward for the defence. L 3 15s was paid into Court. The evidence of the pi -intiff was to the effect that he supplied Mr Jewitt with a quantity of flounders and mallet at ma ket pries. He had 22t) or 230 dozen, for which 2s a dozen was charged, and Cd for mullet. The fi-h was sent in a barr 1, packed in cases, overland. They were forwarded about two hours after b-ing caught, and were alive after being in the cases. They were p .eked to Portubeilo for transmission to Dunedin. For the defence it was stated that the fish were not fresh, that they were not ordered, and that on receipt, word was sent the defendant would do what he could with them, oomc were sold at 6d a dozen, and the remainder wore sent to the Depot. The fish were received late in the afternoon, and were of no use. iMr Jewitt, in his evidence, said he never ordered tho fish, but that being asked no day at Port Chalmers by the plaintiff to take fish, he told him he would not purchase them, hut would do the best ho could for him The fish were not worth more than a shilling a dozen, even had they been fresh. The understanding with fishermen was that fish should be be delivered in Dunedin. Frei ht was paid by him but deducted when the fish were settled for. A witness said the fish caught in Hooper’s Inlet, as those in ■ depute were, were much reduced in value in consequence of their being freqiuntly handled. Une shilling a dozen woul I be a fair value. A witness named Birch said he saw the fish, but they were unfit for sale. He had twenty or thirty dozen of them offered at 10s, but would not take them. Corroborative evidence was given by seve ra' fish hawkers. His Worship considered the fish were fresh when they arrived, but were not so saleable as they should have been through their having been frequently handled and crushed in carriage. He thought they ought to be valued at Is a dozen. iJudgment for the p'aintiff, i 7 11s 9d. Geo. Moirel v. John Fox.—A claim for damages to the amount of LlO, for unsound eggs supplied. Mr Ward for the plaintiff; Mr Wilson for the defendant. Mrs Morel! said the defendant went to her and offered her a quantity of eggs 1 st Wednesday, 125 dozen, which he represented as being perfectly fresh, as he had received them from a widow woman who lived up the country, whom he knew in Ireland—every egg was worth a shilling. On this representation she bought the eggs at lOd a dozen, which on examination proved every one to he bad. Some were black innde; some would not '•nn at all. As the defendant said the widow woman wanted to go up the country, and the witness was busy, she paid him 25s for the eg;/a, and th remainder in goods. On sending for the defendant and felling him they were had, he told them to go to a warm plaqe. The plaintiff said, had Inspector Nimon Iren present he would have ordered the eggs to be sent to the Depot. He trie I ha f a dozen, some of which actually had chic ei sin them. They were packed apparently in Adelai le sawdust. Evidence was given by Mr Blythe, gr< cer, showing that he bought the eggs off a merchant in town, and as they were had they were returned. He knew they were the same, for Fox told him so.—Mr Roberts, storeman to M ssrs M‘Landress, Hepburn, and Co , stated that they were sold at 2Jd a dozen, hut were not clear d, and were afterwards re-sold for a ; rifle Mr Wilson rais d two non-suit points, one thst the goods were not warranted, and the other that the plaintiff had opportunity of ascertaining the quality of the goods. These he did not press, i ut placed the defendant Fox in the box, who said he never made the representation stated by Mrs Morrell. He said he refused to warrant tho eggs, he delivered the eggs himself and examined them, and he believed they were good eggs Since the eggs were returned he had examined them, and had not found a rotten one, arid offered Mrs M orndl a shilling for every ha 1 egg. Evidence was given by Messrs Cowie, Taylor, and Solomon to show that tho eggs were suitable for pastrycooks.— Hia Worship thought the plaintiff had been somewhat in haste, as he had full opportunity of examining the goods before payin’. nf, and having neglected to do so, he had no right to claim damages. Judgment for the defendant. In the following undefended ca«es judgment was given by default: —Hauslow and Sampson v. Patrick Smith, L 6 10s; Oliver and (Jlph v. P. Ca'der, L 4 18s fid; t'ha'les Flexman v. Alexm der *we ny, L 9 14s lid ; Mason v. Andrew, L 7 lls 9d. PliOMisra.—Let your promises be sincere, and -o pr dently considered as not to exc ed the reach nf your ability. He who i remises more than ho can perform is false to himself, and he who does not perform what he lias promised is false to his friend,

Tip FORTHCOMING REGATTA. • 4 t By a Yachtsman. The tirrie .passes by quicidy, and in a few day'i this event will take place. The Otago Yacht dub have chosen the 30th inst. for their opening day. The working committee are bnsy making all the necessary arrangements to make it a success, and they need only be aided by the clerk of the weather to obtain that consummation. There is a suggestion ■which the committee might well take into their consideration, and see how far its ado tiou will tend to the success'of their meeting. • I believe it is intended that the course shall be from the end of the training wall to Hooper’s, a little ,this side of Macandrew’s Bay, and back. To get anything Lke a view of the races, if the committee carrv out their idea, peo;le must/stand on the jetties ; and to expect that they will do this for nearly five hours at a stretch, is going rather too far I recollect that in the Australian Colonies regattas are generally held a little distance from the city ; imd for a very good reason. If the distanerf is not too far, people will go out and enjoy themselves. They take advantage of the opportunity to make excursion parties, and thus regattas are witnessed by thousands of people who otherwise would not “cross the road ”to see them. In Hobart Town—where the most succes fnl regattas held this side of the line are held—they take place in a nice shady bay about three quarters of a mile from the town. Well, the committee might follow the example thus set them, Ti.ey could make the course somewhat similar to what it is ; only have the starting point a little below Black Jack’s poin ; let the yachts proceed from that point np the harbor as far as the training wall; thence down the harbor to Hoopers’ and back to the starting point. Parties could be landed at Black Ja k’s point, where there is a capita’road and from this point a splend d view of the races would be had. 'there ais plenty i f s ots admirably suited for picnic p rties ; nnd the harbor, company I am in* formed would run their tteamers over there at sixp' nny fares, I will now proceed to give my opinion as to the different races, for all of which the entries show that some good sport may be anticipated. The principal race will undoubtedly be the yacht race, for which the following boats will ent r : —Mr R. Hay’s cutter Spray ; M Hoggitt’s Dauntless , Mr Burke’s Champion; Mr Mason’s (Port Chalmers) Royal Alfed ; Mr Fisher’s Belle ; and Mr Street’s Cygnet. The Dauntless has always proved herself a fast boat, and if there is a strong breeze blowing on the 30th she stands a very good chance of winning th- race, but if there happens to a light or whole sail breeze, the contest for first p’ace will be between the Spray and the Belle. The Spray is a b r an new boat, built by Mr H. T. Gre n, and a description of hj r has already appeared in the Evening Star. Her fault appears to be that she is too taum-rig ed, and if a strong breezej blows she will not be able to stand np under her sail. In this mce she will be sailed by her suilder. The Bello is a recent importation from Tasmania. On the occasion of the arrival of the Duke of Edinburgh Mr Mason’s boat the Royal Alfred showed that she can sail veryf st; but not having seen any of her performances since, I am not in position to speak with confi leuce as to her capabilities The Champion and the Cygnet were good boats in their day;but their time is past, and they must give way to faster going yach r s. Time is allowed at the rate of two minutes per ton ; and the distance to be run is twe ve miles. The time is rather much; and if adhered to will make a vast difference in the race. The Spray being tons will have to allow the Belle, which is only 5J tons, eight minutes. Taking these tilings into consideration and if the day is fine, it will be a hard struggle for first place between the Spray and Belle ; and the third place will be gaiqed by the Royal Alfred. If a strong breeze is blowing the race will lay between the Dauntless and Sprav. For the Allcomers race all the boats entered for the yacht race, and Mark Webb’s Goldseeker, F. Paterson’s Sylph (lately built by H. T. Green) and Paterson’s Wiil-o’the-Wisp will run. Should there be a 1 ght or wholesail breeze, I still keep to the same boats as in the yacht, viz., the Belle and Spray, with the Goldseeker and Royal Allred (at the same time I mud not treat the little Will of the Wisp to lightly, for with the enormous press of sail she c n set, and about a quarter of an hour allowance of time, she will make some of the round the course to carry of the prize) well up, but should it be a strong bre -ze, the race ought to be between the Dauntless and Svlph, and of the two, I am‘ im. lined to th nk the Sylph the b st. Fur the Four-oared AmateurVßace, I only know' of three cresys that will compete—The Victoria, manned by Messrs Green, Hill, Leary and Cole ; the Amateur, by a Naval Brig ide crew, ■ onsistingof Messrs T. Mayer, T. Dobbie, S. May ton and A. Grant; the Prince of Wales—tie crew of which has just b cn formed —consisting of Messrs Fitzmaurice, Garden, Gibson, and Cr agh. If no other boats enter, this will be an easy victory for the Victor a crew. Neither of the 0 her crews pull we 1 at all, the Naval Brigade crew may possibly c me in second, but 3 ! doubt if either crew wid pull round he course at proper sp.-ed. For the Waterman’s Sailing Race, th're will lie entered the Sy’ph. the Goldseek r, and the Will - f the Wisp. If strong breeze blows, this race will be the Sylph s, but if it is light, the Will of the Wisp will have, a good chance. The Sculler’s Race ought to be a good one, but at present I only know i f two entries for it. a id the competitors are Messrs Green and Leary. I may' safely predict an easy victory for the former, in fact I douht very much if there is anyone in the province who can pull with him. There are one or two other races, hut I do not know of entries that are likely to be made for them.