MAGISTERIAL.

Globe, Volume XXIII, Issue 2349, 13 October 1881, Page 3

MAGISTERIAL.

OHEISTOHTJEOH. Wednesday, October 12. [Before J. Nugent Wood, Esq., B.M.] Larkikinibm. Geo. Smith, Joseph Harper, and Joseph Bennett were called on to answer summonses for destroying property belonging to W. T. O. Milla, at Woolston. Bennett only appeared. The case was allowed to stand over until after the adjournment, when, the two first-named being still absent, Sergeant Masoa applied for and obtained warrants for their arrest. He said the offence they were charged with was only one of many similar outrages by boyß in the neighborhood. The obarga against Bennett was withdrawn, and he is to appear as witness against the others. Civil Oases.—Mapstone v Taylor, claim £2 14s lid, for board and lodging and goods supplied ; judgment for plaintiff for £2 Is lid with costs.—Trustees in Hawke's estate v Buckley, £4 lis 6d, for charges and money oat of pooket in connection with the offering of a property belonging to defendant for sale. The sale was not effected, and defendant objected to pay the present olaim, saying that an agreement had been made on the basis of "ne-sale, no pay." After hearing evidence, the Magistrate said that defendant might hare -misunderstood the terms of the bargain. He must, however, pay the money disbursed by Mr Huwket. Judgment for plaintiff for £3 8s «d with costs.—Kelsey and Co. v Whittington, £ll 18» && for good* supplied. Mr Stringer for plaintiff. Defendant disputed one item named in the plaint, which was amended, and judgment was given for plaintiff for £ll 4s 9d with ■coots of Court and solioitor'a fee. Whitley t Brooks, £l, for boot* supplied. Judgment for plaintiff, with costs.—Harriel v Wright, olaim £5 17s, for rent. Defendant pleaded coverture, and plaintiff was nonsuited with ootta.—Judgments for plaintiffs, with costs, were given in default of appearances of defendants in Williams v MoMullen, £5 ;

Tombs and Co. v Benner, £lO 19s 2d ; Lloyd and Co. v Davie, £l7 5s ; »ame v Symonds, £22 3s ; Liddel v Lee, £1 4s; Comber v Pascoe, Orr v Maher, £4 10s, and Stanton v McDowall, £3 5s ; Brake V McKinnon, Bayne v Brown, Cook and Bass v Taylor and Bookman and Co. ▼ Sheard, were adjourned till October the 19th. In the course of the sitting Mr Spaokm3n made a personal explanation. He said that on the previous Wednesday, in the oase of Hawkes' trustees v Oulliford, he applied as counsel for defendant for a nonsuit, on the ground that plaintiff* were not prepared to prove their appointment a 8 trustees. The nonsuit was refused, and an adjournment granted to enable plaintiff to furnish that proof. His Worship, however, refused to allow defendants costs, and was reported to have said that the course counsel took was that of "making litigation." Mr Spaokman had now to say he had taken that course to dofer the hearing, because he knew the claim was an overcharge, but he was then unableto prove it. As a matter of fact the other side had since admitted the overcharge, and the ease had been settled out of court by plaintiffs taking less money by some £7 or £8 than appeared on the plaint.

OHRISTOHUBOH. Thubsday, Octobbb 13. [Before G.L. Mellish, Esq., B.M ] Stealing Fiowbbs.—George Meadows pleaded " Guilty " to stealing nine rosebushes, valued at 27e, from the garden of Mr Jacobsen, at Opawa, on October 12th. Superintendent Broham stated that extensive depredations of a like charaoter had been going on in the distriot for some time. He was sentenced to seven days' imprisonment with hard labour.

Bigamy.—Geo. Kowloy, arrested on telegram from Dunedin, was brought up charged with bigamy. He was remanded till Friday for tho production of a warrant. Stbalixo Boilbbs. Fred. E. Lane, on romand from the Bth inst., was charged with having Btolen nineteen boilers, valuod at £3O. Edward Aahby, assistant to Solomon Nashelski, ironmonger, of High street, deposed that prisoner, about the middle of September, examined, with a view, as he said, of purchasing, some oopper boilers in the yard of the shop. There were about thirty boilers there then. Up to the end of September about ten of them had been sold in the usual course of business. At that time tho whole of them remaining were missed. The seventeen boilers produced belonged to Mr Nasheleki. John King, blacksmith, stated that on September 19th he bought two boilers from prisoner, who said that a relation, who had died at Wolverhampton, had left them to him. James Sheriff, stonemason, deposed to having purchased two boilers, for 255, from prisoner on September 20th. Prisoner told him his brother had them sent out from Home and had given them to him. James Marshall, blacksmith, stated that he met prisoner on September 21st at the Addington Hotel. He sold two boilers for prisoner, who said he had got them out from Home. One brought 10a, the other 13s. Witness got 5s for his trouble. He had at first demurred to the transaction, but afterwards, believing prisoner's story, took the boilers for sale. Thomas Walker, butcher, deposed that he had been made a present of a boiler by prisoner, who handed it to him as a compensation for some bad work done by him for witness some time before. Thomas Green, provision curer, deposed that, on September 29th, he purchased from prisoner three boilers. He was told the story about their coming to prisoner from Home. Constable O'Connor deposed that he arrested prisoner on September 30th. On his explaining tho charge, prisoner said he had received the boilers from Home. After hearing the evidence read over, prisoner said he had not stolen the boilers, he had got them from arother party, one Samuel Wells, a fitter by trade, who gave them to him to sell, He was then oommitted for trial at the next aeesions of the Supreme Court. Labcbny.—Mary Anderson, domestic servant, aged about thirteen years, was brought up charged with stealing 225, the property of Arthur Bell. She had been allowed to sleep one night in the house of prosecutor, and after her leaving the money was missed. Mary Wisdom, living at Springfield road, whose evidenoe was nearly inaudible, was understood to say that prisoner called at her house, and while there two half sovereigns fell out of her pocket. On being taxed with their possession, she ran away, taking with her nineponce from the chimney piece. Ann Bamford, servant at Mrs Bell's, stated that prisoner slept with her at Mrs Bell's. After she left witness missed a silver locket and a scarf. Constable McGill, who arrested the girl, deposed to finding her wearing the locket produced. This was the case for the prosecution. Prisoner, during the examination, would not answer any questions, gazing round the Court with ac idiotic look. His Worship enquired from the police and the witnesses as to her mental state. They all concurred in saying that she was sharp enough before she was arrested. She had been sent for two years, from March 17th, 1877, to Burnham, for larceny. She was sentenoed to imprisonment with hard labor for one month, the magistrate saying he was afraid hers was a hopeless case. The gaoler undertook to keep her separated from other prisoners. Labcbny ab a Baixbb. —Thos. Ooljerwas brought up on remand from October 6th, charged with the above offenoe. Mr Stringer appeared for the prosecution, Mr Holmes for the defence. Orfeur Geo. Parker, a farmer living at Springfield, stated that previous to August last prisoner had been employed by him. He then owed witness something over £92. The bailiffs were in his house, and witness made an arrangement by which he agreed to pay out the bailiffs on consideration of everything belonging to prisoner being handed over absolutely to witness. This was set out in a document signed by prisoner. The things were to be sold, and a settlement made afterwards. Accordingly, on August 25th, a sale was held on the premises of prisoner, Springfield. Witness bought for himself a horse, dray, and set of harness, for which he paid £37 16s. The articles were left with prisoner, without any instructions from witness, who had to leave by train. A week afterwards he instructed prisoner to bring the things to witness' house. They were not brought. On September 28th, witness met prisoner at Bolleston Junction; he had the horse and dray with him. On being questioned by witness prisoner said he knew he ought to have delivered them before, but he would do so that day. Witness saw no more of him or the horse, &c, till Ootober Ist, when he saw the horse trotted out for sale on the tan at Tattersall's. He ascertained that the horse had been entered for sale by Heywood and 00. Witness met prisoner in the course of the day and charged him with having sold tho horse, dray, and harness. Prisoner admitted having done so. Witness asked him to give up the proceeds, promising to take no further action in the matter. Prisoner refused to do that, and witness laid an information with the police. After the sale at prisoner's place a settlement was coma to, and there remained of the proceeds a balance in favour of prisoner of £2 17s 3d, of which part was paid to him. Cross-examined —There were ;many transactions between the parties. When the document spoken of was signed, witness did not take possession of the goods personally. He allowed them to remain in the prisoner's charge. The document was signed after the bailiffs had been paid out, but on the same day. Prisoner used the goods, and had a right to do bo, between the signing of the document and the sale. Witness paid the amount stated on the sale note. Prisoner asked witness to buy for him the horse, cart, and harness, which witness agreed to do, agreeing to give them to prisoner if the surplus of proceeds, after paying witness's claim, covered the amount paid for them. Ho did not agree to take payment for them by instalments, as he afterwards earned the money. Witness offered to buy in a set of harness for prisoner, and did buy it. There was no exemption made in favor of prisoner as to the horse, &<>., when witness left the goods he had purchased at the sale, in tho charge of prisoner. Prisoner or witness did not know till a week after the sale whether or not the amount realised, excluding the horse, &0., would cover tho debt between them. The amount realised for the horse, Ac, was debited to witness by the auctioneer in the account sales. After the account sales were rendered witness told prisoner that tho horse, &0., would not come to him, but offered to let him have them for his own use —that was for hire—if he paid interest on their purchase money. Prisoner declined the offer. After that no steps to recover the horse, iie., were taken by the witness. Witness had not told anyone that he had a bill of sale over the horse, &3. W. B. Campbell, who bought the horse from Oolyer, and offered it for sale at Tattersall's, was next examined. [Left sitting.]