RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 4281, 15 November 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, November 14.

(Before J. Bathgate, Esq., R.M.)

John Robert James v. Win. Strachan.— Claim, L 25, for damage to a cab, &c. Mr Chapman appeared for the plaintiff; Mr Stout for defendant.—The plaintiff, a cabowner and driver, stated that about one o’clock on the 3rd inst. he was driving to the Leith with,a passenger (Mr Harris), and when abreast Krull’s Hotel in George street saw a brewer’s lorry, the property of defen dant, with one horse attached, standing by the footpath. There was no one attending it, and no chain on the wheel. When near Kroon’s shop Mr Harris said “ Look out!” and before he had time to avoid a collision the lorry rah into the near side of his cab. There was no one on the lorry at the time, but the driver came up afterwards. The cab cost L 3 16s 6d to repair, aud was deteriorated to the extent of LIO. He also lost five days by the occurrence, which he estimated at L2 per day.—Messrs . Harris and Robin gave corroborative evidence.— For the defence, Mr Stout argued that defendant was hot to blame, as plaintiff’s cab had struck the lorry horse and frightened it, causing the animal to bolt.—Mr Harris, recalled, swore that the cab had not struck the horse in the lorry.—Thomas Welsh did not know whether the cab hit the horse, but the horse bobbed up his nose as if hurt, and then knocked his head against the back of the cab and started off.—Thomas Pinkerton gave similar evidence.—Alexander Hehderson, driver of the lorry, deposed that the cab-wheel hit his horse on the nose and caused it to start. —A number of other witnesses were examined, but the evidence generally was very conflicting. His Worship postponed the further hearing of the case till Thursday. Joseph Walsham v. Alfred Mauries.— Claim, Ll3 13s, for board\and lodging, &c. Mr M'Keay was for plaintiff. Judgment by default for plaintiff, with costs. H. H. Kitchener v. Andrew Craig.— Claim, LI 6 sa, for rent.- Mr Harris appeared for plaintiff. Judgment for plaintiff, by , default, with costs. 1 Wednesday, November 15. (Before J. Bathgate, Esq., R.M.) Smythies v. Russell.— On the point raised herein last week by MrMacassey, his Worship to-day delivered judgment as follows The main question is, was there a false oath in a judicial proceeding ? It is urged that the requirement that the oath must be material to the question depending has not been proved. But it has been held that a false oath Is punishable as perjury which tends to mislead a Court in any of their proceedings relating to a matter judicially before them, though it in no way affects the principal judgment. I am therefore of opinion I cannot at this stage, with only the evidence of the prosecution before me, be satisfied there is noprtmd/acte case. When the witnesses for the defence have been examined I will then consider the case as a whole, and weigh carefully every point and circumstance, including the objection referred to. On Mr Howarth’s application the further hearing of the matter was adjourned for a fortnight. (Before T. A. Hansford, Esq., R.M.) John Russell v. James Donaldson. Claim, L 3 4s, on a judgment summons.— Ordered to pay the amount on the 22nd inst. Robert Henderson v. Frederick Hohcroft. —Claim, L 3 15s, judgment summons;— Plaintiff stated that the defendant %iv£ him a promissory note, payable in 1976 a hundred years hence.—Defendant swore that he was not in a position to pay the amount.—Ordered to pay on or before Saturday next; in default, four weeks’ imprisonment. Henry Yeend and Co. v. Montague Mosley.—Claim, L 6 Os 3d, judgment summons. Mr Lewis was for plaintiffs.—Ordered to pay the amount in one wee*, or fourteen days’ imprisonment. John M'Laren v. 1 benezer Corley.— Claim, L 4 9s 9d, balance of judgment summons. Mr Lewis was for defendant.—Corley said that be was a schoolmaster at Ravensbourne, and was unable to pay the amount. —His Worship said that under the circumstances he would make no order. George Dowse v. James Henderson.— Claim, L 24 12s 9d, on a bill of exchange. Mr Cutten was for plaintiff, and judgment was given by default for the amount, with costs. ~Brown and Jones, trustees in the estate of one Louis, v. George Flanaghan.—Claim, L3O 3s on a judgment summons, Mr Joyce apseared5 eared for plaintiffs ;Mr Stout for defenant. From the evidence it appeared that defendant had been a tailor at Palmerston, and had got into difficulties, which resulted in his being sold tip. He said be was unable to meet the claim.—His Worship , said he would make no order. His Worship gave judgment in the following cases : * Evening News * v. J. H. Schwabe, for plaintiffs, with costs; Reid and Fenwick v. same, for plaintiffs, with; costs ; and Matthew Dixon v. H. Houghton and Co., for defendants, with costs. ■ Henry M‘Connell v. Job Wain and A. J. Smyth.—Claim, L 97 9a, breach of agreement. Mr Aldridge for plaintiff; Mr Brent for defendants. The hearing of this case was continued to-day from the Bth instant. Evidence for the defence was taken at considerable length, and his Worship reserved judgment. [Left sitting.]