RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3326, 17 October 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, October 17. (Before I. N. Watt, Esq., 11.M.) POLICE CASES. Drunkenness. —Mary Eadie, a now arrival by the Rokeby Hall, was discharged, this being her first offence ; Isabella Johnson, against whom there were previous convictions, was fined 10s, or 4S hours. Thett.—John Mason was charged with stealing a canary, value L2, the property of Mr Marshall, of Marshall and Copeland, brewers, James Marshall and Frederic Lewis, the latter a clerk to the firm, stated that the bird used to hang in a cage in the office, and was missed from there on Monday last. —John Simpson, also in the firm’s employ, said that accused came in with the bird, saying that he had caught it outside. Constable M'Kinlay stated that on Monday accused was brought to the lock-up, charged with drunkenness and astaulting the police, and he then had with him a canary and cage. —Accused stated that on Monday he was near the Water of Leith, rather the worse for liquor, when he saw the canary flying about. He caught it, and biiight a cage in town. Afterwards, thinking be might find the owner, he made inquiries at the brewery, where the bird was claimed. —His Worship gave his statement credit, and accused was discharged. CIVIL CASES. Neill and Co. v. Frederic Sutton.—Claim, L 64 12s 3d, for dishonored acceptance. Judgment, by default, for plaintiffs for amount claimed, with costs. Walsh v. Geary.--Claim, L 25, for wrongful conversion to his own use of a mare, the property of plaintiff. Mr Stout appeared for plaintiff; Mr Harris for defendant.— James Walsh, cab-driver : Last January I gave defendant the mare to graze. In May, defendant asked me if I wanted the mare ; I said 1 would like to see her. He said she was at Cotton's stables, and I went to see her. She was in a very bad condition, her feet being worn to thequick and her flanks much wounded by spurring. I advised him to put some slippers on the mare, but he refused unless I paid for them. About a week afterwards defendant told me the mare was getting round again. I did not see him again until after he wrote a letter saying that the mare had died, through getting her foot into a hole. Cross-examined : I gave L 9 for the marc originally, about four months before giving her to defendant. She had just been blistered, and was rather ©ld, hut not an “ old screw.” 1 did tell a man called Cross that if defendant was bringing in horses ha might bring my mare in, to save me the trouole of going out to see her, but did not ask Cross to give defendant that message. The price of this sort of horse had nearly doubled in value during this time. Patrick Fagan, hotelkeeper: About May 17 I saw plaintiff’s mare near Cotton’s Hotel. tffie was badly galled, and spurred about the ribs, and also very footsore. I saw defendant on the mare’s back, trying to get her to start by spurring her. This he could not do, and had to lead her. From appearances I should think her very badly used. Cross-examined: 1 have seen horses girth-galled and spurred before, but never so badly as this one.— William Priest also gave evidence that the marc was in a fearful state. — : obert Farquharson, veterinary surgeon : I blistered plaintiff’s mare in January, and should think her worth then about LlO, Cross-examined : The mare was not in so bad a condition as you (Mr Harris) wish to make out.— Henry Fairbank, of Portobdlo : 1 remember defendant bringing the mare from Dunedin. She was in a bad state, and I should consider “ done.” After being in my paddock for a few weeks she died, but I could not say the. cause, as I was not< at home at the time. Cross-examined : When brought she was so bad that I would not have given IQs for her.—William Geary, defendant : When plaintiff asked me to take the mare, I told him I took no responsibility. >he was in very bad condition, being over in the fore-legs ; in fact, was only worth about L 3. In May, Cross said plaintiff instructed him to tell me to bring the mare to Dunedin. I walked her the whole way, spuning her a little when she would not go. She had no shoes on, and it took me for hours and a-half to come the fourteen miles from Portobello. I did not see plaintiff after he saw the mare, but Cross told me from plaintiff to take her back again. I walked her back about six miles, when she refused to go farther, and I left her on the road till morning, when I took her to Fairbank’s paddock, I instructed Fairbank to look after her, and used to go and see her. I think I saw her twice before she died. I had told plaintiff the mare was in a paddock, and was bad. He never complained of my having ill-used her. When she died I sent a man to bury her, but did not go myself to see her. Cross-examined : The mare was at Cape Saunders the day before I brought her to town. I did tell plaintiff that I had put the mare into the paddock, but did not tell him whose paddock. I wrote the letter to plaintiff saying that the mare was dead through patting her foot into a hole, because my man told me so.—Thomas Cross, cabman : Plaintiff asked me to tell defendant to bring the mare to town. Cross-examined ; I am a friend of defendant, and recommended plaintiff to send his mare to his paddock,—George Cooper : I am in defendant’s employ. He sent three times to Fairbank’s to fetch the mare, hut she could not travel, as she was run off her legs, I saw her dead, laying on her side, with her foreleg in a hole. I afterwards showed plaintiff the hole in which the mare had put her foot. The mare was in a very “ shickery ” condition when defendant first got her. Ciuss-examined: Defendant rode the marc into town and led another one. —Judgment was reserved. Hogg and Hutton v. Wilson and Ross, as trustees in the estate of P. M. Grant and Co., of Uutram.—His Worship proceeded to give judgment in this adjourned case, to the

effect that it appeared that Grant had not set apart the goods of plaintfffs as the property of plaintiffs, although Grant had made mi representations to that purport—when Mr Stewart, who appeared for plaintiffs, rose and said he would accept a nonsuit, which* was granted ; plaintiffs to pay the costs of the first day of hearing, defendants those of the second. Gregg and Co. v. Krull and Co., of Wellington.—Claim Ll9 I7s lOd, for goods supplied. Defendants had forwarded a set-off, which phihtiffs disputed. Judgment by default for plaintiffs for amount claimed, with costs. Cotton and Henry v. Riddell.—Claim L3O, for a horse Mr Haggitt appeared for defendant, whose evidence was taken for transmission to Lawrence, where the case is to be heard It was as follows I’am a farmer residing at the West Taieri. On May 15 I told Henry I wanted a shaft horse. He said he could supply me with a first-rate one, and brought two, the prices to be Lot) and L'2B. I hired the latter, which hire I have since paid, and tried the other, a mare. After about three weeks I returned both, the mare after repeated trials, both as leader and shafthorse, proving unsuitable.