RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3454, 18 March 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Wednesday, March 18. ‘ (Befprp if. Bathgate, Esq., R.M.)

Drunkenness —Thomas Brown, Edward Murphy, and Charles tiejlly, wpre severally fined 10s or 48 hours’ for this offence. Obtaining Money under False Pretences. —Deace Brace Barkly, alias William Henry Bruce, was charged with obtaining feloniously and under false pretences from one Alexander Bartleman the sum of L2O sterling, with intention to cheat and defraud.—Sub. Inspector Mallard said that as prisoner only arrived in town last night he should apply for a reman.d. He might say that there would be several charges against the accused. —His Worship granted a remand tdl to-morrow morning. My Zanders for Mr Barton, aypeared for accused, civil oases. Talbot v. Davidson. Claim L 3 Is, balance of account for commission on. collecting certain debts due to defendant. Mr K Cook appeared for defendant.—Plaintiff, who is a cunmiasion agent, stated tbe particulars of bis claim, which was made up of commission charged on some debts which were recovered and on some which were not. One item was for expenses in atfcendmg Court as a witness in an action brought by defendant.—George Davidson, late publican aud previously a tailor, stated the terms on which plaintiff was tp collect th,e debts, from which it appeared that be was to receive half of the bad. ones iji the event of their being paid. Judgment was giifen for plaintiff for LI 7s 6d, with costs. ' - ' in M r Keay v ' pharlee D. Irvine.—Claim L 4 10s for professional services. Judgment was given for plaintiff by default for amount claimed, with costs.

F. lowers v. F. Wills.-Claim 140, for breach of contract, and L 9 10a for hire of ? u ggy for defendant.—This case was adjourned from Monday at the conclusion of plaintiffs case,—Mr M‘Keay appeared for plaintiff, and Mr Johnston for defendant. The following evidence was given for the di fence: Frank Wills : I recollect the evening of the 13th| February, at .Switzers Some slight disagreement took place that night between Mrs SVills and soma woman called Mrs Towers. In consequence of what took place, I had an interview with plaintiff pi hjs bedroom at about 11.30 pin., and asked him to cancel the new (the three months) agreement, as it was impossible to travel with him for that perio l ia conse quence of the two ladies quarre ling with each other. I also asked him to go as far as Dunedin, and to continue the old agreement in the meantime. He positively refused to accompany me unless I carried Out the new agreement. I told him if ha bothered me about the new agreement; I should have to file my schedule, a 9 it was impossible for me to carry it out. He replied he would hold me to it, Mrs Towers and Mis? Rosa 4 Towers wore present, and Mr

Lawreiice and Mr Inglia were in the adjoining room. Towers refused, to proceed any further with mo unlesi I carried out the new agreement aa well. He said “It is top good a thing to throw up.” Shortly afterwards, while in the bihiard -room I told him, that 1 was going to owilzers m-xt morning, and said that an; one who liked to .stop might, and that the coach would be starting at seven. I was afterwai'ds iu Mrs Towers’ bed room. Tae ladies were having some high words, when Mr Towers, addre sing Mrs Wills, said “yo: asked for Billingsgate and you got it,” whereupon my wife struck him wuh her open hand, saying “ you asked for a smack and you got it.”—(Laughter.) I am positive that it was with her open hand. Towers did not return the blow. I was standing by at the time, .at the time the coach started for Switzers, on the 13lh ult., Towers did not offer to accompany us. He was standing by. 1 usually pay v ages weekly --on! Monday mornings. Defendant had been paid up to the previous Saturday. The next week’s salary would have been due to him on Saturday, the 14th, after the performance. The account produced is a receipt for board and lodging for the. whole of the troupe at Lawrence.—By Mr M'Keay ; Are you an actor ?—I am not. lam nothing at present, I was theatrical manager at this tune. X have been, either a circus, theatrical, or concert hall manager for five or six years. The name the troupe went by was Clara Stephenson’s Ixion Troupe. Stephenson did not engage or dismiss people. I was the man who did that. When my wife arid she would not travel with tho Towers any more I did not say anything.—Mr M'Keay ; Then you held your tongue like a dutiful husband.—l was not in treaty with O’Brien for Stephenson’s engagement. On the 13 th February I did not send a telegram to O’Brien to the effect that I would accept a month’s engagement for Miss Stephenson, Mr Towers, Mrs and Mias’Rosa Towers. 1 never recollect sanding him a telegram to tiiat effect I did not engage with Mr O’Brien till the 7th or Bth March. Ido not recollect Inglia saying at ray bed-room door, “ Slap it (the agreemeut) up my boy, break the engagement, go to town, and tile your schedule. ” 1 took no receipt for the last 1.8 paid to Towers, It was understood that I took the company from the’Monday morning. When lowers left only five days’ salary was due him.—Arthur Alfred Lester Inglis, actor : Un the evening of Friday, February 13, I was a member of Mr Will’s troupe. Shortly before midnight t was in the supper-room next to Mr Towera’s bedroom. I heard defendant ask plaintiff to break the new agreemeut. Alter some wrangling, Towers refused to do so. Wilis told Towers ho would land him iu Dunedin in accordance with the old agreement, and pay all expenses. Towers said he would not break any agreement; ho would keep to them to annoy Wills. By Mr M'Keay : 1 only heard pait of the conversation. It became sickening, and I cleared out. My words to Wills' were, “If he (Towers) will not break.the new agreement, go to'town and file your ‘shovel’—(Laughter.) I heard Mr Wills,' M rs vv ills, and Mnj \ I dou’c kpow her right name, so 1 won’t mention her.—Dia . Worship : Mrs Towers, you mean Yes, sir.—Leonard Laurence, “utility” actor, gave corroborative evidence.; He advised Wills to settle the matter amicably. Un telling Wills to give, say 1.5 as a compromise, he said, “ Very good.” . Witness offered that amount tp Towers, but he would not take it.—J. M. Terrier deposed to having a conversation with Towers a day or two after his return from the country, on the subject of his leaviug Wills’ company. Towers, speaking satirically, said that Wills had too mueh money, and that when it came to the latter being unable to pay for his breakfact, it was time for him (Towers) to give it up. —Mr M'Keay called as rebutting evidence, Rosa Towers, who swore most positively that Mrs Wills said.her parents should travel with her no longer ; that Wills himself afterwards asked Her father to break the agreement, aud never u etlHhe word, “ new ” ; and that the witness Inglis said to Wills, “ Slap it upi my boy ; wait till you get to Duncdi'vand there you can file your schedule.’.’ Judgment was rts-.rved til Friday. • ' -