RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3530, 16 June 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, June 16. (Before J. Bathgate, Esq., R.M.) Drunkenness.— Milford Hill was fined ss, or forty-eight hours’; Michael Keefe (an “ Asiatic”), IQs, or three days’. Vaoranct.— Cha«. Goldsmith was charged with having no visible menus of support.— Constable Moore said he found accused last night lying flab on his face in a fit, at the back ol Cooper’s property in Walker street. After being taken to the watch-house he bad several more fits, and admitted that he had only lately bee* discharged from the Hospital.—Sergeant Golder gave corroborative evidence, adding that accused was in the habit of loafing about publio-honses and drifting.—Accilsed said he had been working for two days past at Mrs Muir’s, assisting in the kitchen.—His Worship thought there was a doubt as to whether accused came within ths Vagrant Act, and dismissed him with a caution. Embezzlement.— John Campbell Abernethy was charged, on remand, with embezzling the sum of Ll3 16s, the property of hit employers, Messrs Brown, Ewing, and 0* Begg, agent, said he was indebted to Brown and Co. to the amount of LI 3 16s, at the beginning of this month, and paid it by cheque on the Union Bank. The cheque produced was the one witness paid to prisoner, who called for the amount, and witness paid him, knowing he was employed by Brown and Co. The account was receipted by accused.—Robert Merecr, grocer, said at the early part of this month prisoner owed him an account and paid ft on the 10th inst. by the cheque produced (Mr Begg’s), witness handing him the balance, L 5 16s, in cash.— A. Shury, clerk at the Union Bank, identified the cheque as having passed through the bank, where Mr Begg and Mr Mercer have accounts. The former’s account has been debited, and the latter’s credited with the amount of that cheque.—Thomas Brown, of Brovyn and Co., said prisoner was nntil recently in the employment of his firm. The account produced Eras receipted by prisoner, witness knowing his handwriting but prisoner was not justified in collecting the amount from Mr Begg. He had formerly been empowered to collect, but latterly positive instructions bad been given ho should no longer do so.—Prisoner was then charged with obtaining from Robert Mercer, by false pretences, the sum of L 4 9s, with intent to cheat and defraud.—Uavid Dickie, in Mr Mercer’s employ, said prisoner owed Mr Mercer an account, and called and paid it by the cheque for L 8 produced. The • •cheque purports to be drawn by John 0. Abernethy, on the Bank of New Zealand. Witness paid him the balance, after deducting the amount owing, and paid the cheque into Mr Mercer’s account at the Union Bank. —Robert Mercer said the cheque was returned from the bank dishonored, being marked “no account.” Robert Parke, clerk in the Bank of New Zealand, said the cheque came to that bank from the Onion Bank, No one named John C. Abernethy had an account at the Bank of New Zealand. —A third case against prisoner was then proceeded with—a charge of receiving a cheque for Ll2 14s, the property of Messrs Brown and Co,, and embezzling the same.— Thomas Brown said that at the beginning - of the month Mr Fidier owed his firm an account. The account produced is receipted by prisoner, but witness’s firm had never received the amount. Witness identified the endorsement “John C. Abernethy,” on the back of the qheque, a§ prisoners handwriting.—William Fidier, hotel-keeper,' said he had owed Messrs Brown and Co. an account, and paid it to' prisoner by a cheque on the Bank of New Zealand, about the 10th instant. He paid it him in his hotel, and prisoner receipted the account.—Richard N. Reade, teller in the Bank of New Zealand, identified the cheque for-LI2 I4s as having been paid by him o* the 10th instant. He paid it with two LS-notes, two Li-notes and silver. It is endorsed “John 0. Abernethy,” and Mr Fidler’a account at the bank is debited with the amount.—Prisoner stated that he had nothing to say, and no.“witnesses to call, upon which, his Worship said that he was of opinion that the evidence given was sufficient to put prisoner on his trial for an indictable offence ; he would therefore stand fully committed for trial at the ensuing Criminal Session.

CIVIL CASKS. Edmond, Foraytb, and M‘Neill v. Friston. Claim LIOO, for loss sustained by damage to a cask of brass ware, through negligent: and improper stowage, by Captain Friston, of the ship Himalaya. Mr Haggitt appeared for plaintiffs, Mr Smith for defendant.—Mr Haggitt stated the case, saying that the cask contained very valuable goods, consisting of window fittings, &0., and it would be* seep, (the cask being produced) that it had been split completely up one side, and one end forced out. This was undoubtedly through improper stowage. The goods were also damaged by water, the cask having ap. patently lain in clayey water for a long period. —John Orkney, Deputy Harbor* Master, said ic was the rule in ships to stow casks of goods “ bilge free.” When the cask in question was landed, witness was re* quested to examine it, and found it in the state above described, and looking as if it had been subjected to very heavy pressure on its centre. If properly stowed, the pressure would be laid on the quarters of a cask. It was also partly saturated with muddy water, only about one third being dry,— Cross-examined; Did not. know how long the cask had been on the wharf.-—John M‘Neill, one of plaintiffs’ firm, said the cask of goods was consigned to them, and brought from the Himalaya in a lighter. They immediately on its being landed, called the attention of defendant to the condition of the cask, Capt. Orkney holding a survey on it. It was then removed to plaintiff’s store and opened, the contents being found damaged, more especially on one side. The goods were very tightly packed inside, so that enormous pressure must have been put on it to cause the damage. Fully half the goods are damaged—from LI 10 to Ll2O worth. If the damaged goods were sold by auction LlO is the utmost price they would fetch.—John Eva, manager ©f Messrs Oliver and Ulph’s ironmongery business, saw the cask after it was open, the contents being on the counter. The majority of the parcels werp wej; and muddy. Witness would not give L 5 for the damaged goods, and he should say at least two-thirds of the contents were rendered useless. The original value of the lot would be nearly L2OO.—C. Campbell, lighterman, took the cask from the Himalaya, it being the last package but one taken out of her. It was then in the same condition as now, only being more wet. Witness signed for it as ** stained,” without mentioning the breakage as not two casks of hardware out of twenty come out without being damaged by the weight of their own contents. Witness did not notice anything wrong with the head of the cask.—Alexander Robertson, lighter* man, discharged the cask from the lighter and it was bilged then. It was delivered ‘ Bam . e , sfcate as taken on board -Mr btruth said the defence was that through stress of weather ou the voyage oat the vessel was ou two occasions laid on her starboard side for some hours, and labored This cask lay j ust where the vessel ipS ed ’t.v n(J had been caUed mud was really the moistened cement which bail worked out of the joints of the iron platw The pressure was accounted for in theiame way, for when the ship lay oh her side (tbit on which thecasklay) the weight©! almost th%

Whole of the cargo was actually hreught to bear on the cask.—Albert Friston, the defendant, said he saw a Cask standing between the’tween decks during the voyage. It was put aside putJjosety, and Was pointed out to mm as having been put on one side on account'°f itv beivg in bad condition. Wells, the second officer, attended to stowage and discharging. On the voyage out had some very severe weather: severer weather ha had never experienced, fn a cyclone about five weeks before they reached irort Chalmer?, the ship was thrown on her starboard side for eighteen hours ;, lost the steering compass, and had no command over ,the vessel.. The Himalaya is an iron vessel coated on her bottom with cement, and he had not the slightest doubt -that what appeared to he mud on the package produced .was cement from the vessel.—Samuel R. King, first officer of the Himalaya, said that before arrival he saw the cask referred to stowed in the ship’s hold on the starboard side. It was properly stowed, and was covered with something, which he took to be wet cement. He could swear that the cask was not bulged when it left the ship as much as it was then, or he must have observed it.—Judgment was given for the amount claimed. Precedence op Cases.— Mr Harris brought under the notice of the Court three cases in which he [was concerned, and which it had been arranged should positively be decided today. The cases were to have been heard on June 4, but had been adjourned from that day, and had in all been adjourned no less than three times. Now the case of Edmond v. Friston was taken before it, although the summons in the former was not issued till June \2 t and he (Mr Harris) wished to know why it should be allowed to take precedence.These adjournments had entailed a great deal of inconvenience to the parties concerned, and they had up to the present time lost fully twenty pounds, yet the summons in the other case, which was only just issued, was allowed to take precedence.—Mr Haggitt: The case now before the Court is a special case.—Mr Harris ; So are those to which I refer. The injustice complained of should not be tolerated. Mr Haggitt explained that properly this was not a civil dqy, and was specially set apart for hearing the case against Captain Friston.—His Worship; I think the case now under consideration one requiring immediate attention, as the vessel is going away from here as soon as it is over. Can your cases not he heard as soon as this is over ? —Mr Harris ; There will be no time unless you ait till eight o’clock. They will occupy a couple of hours.