MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2185, 14 September 1907, Page 1

MAGISTERIAL.

FRIDAY, SEPTEMBER 13

(Before Mr. IV. A. Barton, S.M.)

. Drunkenness. —Delia Hastie was: charged with being found drunk on, the Esplanade, and was convicted and fined 10s, costs 2s, in default -18 •hours’ imprisonment. Obscene' Language.—Delia Hastie was further charged with using obscene language in a public place, .and - was convicted and sentenced to two •month**’ imprisonment. In passing, A-irioJ/cc His "Worship Said that tho prisoner was a disgrace to her sex, and tliait it was for her own sake, that he sent her to prison. Alleged Negligence.—Geo. Edwards, carter, sued Geo. Lawrence Evans for £l4l ss, damages for alleged negligence in handling a piece of timber with whch tlio plaintiff was struck on the right eye by the defendant, causing him to lose the sight of the organ. The plaintiff was represented by Messrs Blair and Sainsbury, and the defendant by Mr. T. A. Coleman. —Dr. Schumacher deposed that the plaintiff visited him in connection with an injury to his night eye. He treated the plaintiff until the eyo quieted down, and he then saw that an operation was necessary, and sent the plaintiff to Dr. McKenzie, of Wellington, who performed the operation,-—Geo. Edwards, carter, deposed that he went to Messrs Evans, Niokl and Co.’s timber yard, to cart away some timber he bad purchased. While lie was loading the timber on his cart, the defendant came up, and witness was struck on tho right eyo by a piece of timber, the blow knocking him down. There was no one near witness but the defendant. Witness was first attended by Dr. Scott and then by Dr. Schumacher, who advised him to go to "Wellington and consult Dr. McKenzie. "Witness went to "Wel-

lington, and Dr. McKenzie performed an operation to his eye.—-For the defence "Geo. Frans," defendant," stated that when the plaintiff came to his yard" for timber, witness assisted him to sort six pieces of rimu from a heap, and was then called away to answer the telephone. When lie returned he picked up a piece of timber and held it in readiness for the

plaintiff to put it on li-is cart.—Ohas. Nielcl, who was coming in the gate called out a warning and plaintiff, who did not see tho timber, turned round and received tho timber on the right eye. Charles Arthur N-ielfl deposed that lie was defendant’s partner. Oil April otli witness entered tlieir yard, and saw tli e defendant assisting the plaintiff to load timber on his cart. As witness approached he saw • the defendant lift tlie first two pieces of timber, and the plaintiff take them from him and place them oil the cart. Tlio third piece was held in readiness by tho defendant, and the plaintiff turning round walked oil to tho point of the timber. Witness called out ill warning.—Dr. Clias. F. Scott deposed that wMo attending the nl«.intiff. lie (the plaintiff) sfciid that his eye lrad been affected over since an accident had happened to it some 2G years ago. Tho plaintiff did not appear to care a great deal when told that lie would most likely lose tho sight of his e ,ve.- —In summing up the evidence His Worship said that before he could allow for compensation, the plaintiff would have to prove negligence on tlio part of the defendant. This had not been done, and the plaintiff would therefore he nonsuited with costs amounting to £0 7s.