TUESDAY, FEBRUARY 15.

Grey River Argus, Volume IX, Issue 637, 17 February 1870, Page 2

TUESDAY, FEBRUARY 15.

(Before W. H. Revell, Esq., R.M.) CIVIL CASES. Judgments by default : Faulkner and Simmons v. M. Q'Bonnell-— claim for L7l 7s 7d, and costs. L3 l3s; Prosser v. Tracey, Lsl "Is 8d ; Strike and Blackmore v. Barron, Ll3 ]6s Od, costs Ll 9s 6d. Kerr, Keogh and Co. v. Con Kennedy, fraud summons, L 7. Hs 6d— warrant to be issued. Adjourned cases : Harry Hope v. Mark Herron, L 4 10s, adjourned to March 15 ; Munro v. M'Geachie, L 2 3165, adjourned for a week. G. Bylund v. C. Baldry, claim of L 4 10s for wages, dismissed with 14s costs ; Davidson v. Lovell, claim L 2, dismissed with costs ; G. Simmons v. Saunders and Turning, claim of L 2 103, . judgment against Saunders with 13s costs. (Before C. Whitefoord, Esq., R.M.) James Wylde y. Moonlight Quartz Mining Company .(Registered).— Claim of L 4 5s for blankets supplied to the claim. James Wylde : I was formerly legal manager of the Moonlight Company. I was so when these blankets were pmcliased. I bought them for the use cf myself or any other person who migLt require them when up at the claim. I put an account in to the directors for blankets but they refused to pay. I afterwards endeavored to get it paid as expenses omitted to be charged. It was put down so in my petty cash book. I have not been paid yet. I used to visit the claim for the purpose of laying out work, besides I made out all the plans for the company. I purchased those blankets for the company. They were paid for by me, although they were the company's property. I purchased, the blankets because it was cheaper to buy them aud sleep. in the hut than to go to an accommodation house. The directors also used them. This is the first time any objection has been made to paying my expenses. The directors were always pleased at my visits to the claim. The blankets are stilt there. Cross-examined : I have been legal manager under the Act from the commencement of Ihe company! I have been more than manager, I have also been engineer. My salary was. raised from LlO to L2O pej month. This was given -as compensation for thebenefits derived from my scientific skill. I was not supposed to go to the reef, but I could not carry out the engineering portion of my duties unless I made personal visits. I held an imprest to meet petty cash expenditure. Had I not been a large shareholder and interested in my work 1 would hajpe made a, professional charge for my visits. With r out being present I could not have superintended the erection, of the water-wheel. When I presented the account for L 4. 5s it was not paid, and I therefore charged it again. I see a charge of L 8 for horse hire. This was for eight days' hire, at Ll per day ; and it is for hire only— not for hire and expenses! The Mawhera Company did not pay part of- this. I very likely charged the Mawhera Company with expenses. It would not be much, as one hour would have sufficed to do their work up there. Horse hire and other expenses mean hire and general expenses, such as ferries, &c. I have working clothe,s up. at the mine. I have lent these clothes to the directors, who have used them. The blankets are there now. I have never- claimed, them as my own, nor have I offered them for sale to Mr Caples or any other 'person. The increase of, salary granted to me was not to meet my extra expenses. I did not lend Mr Kennedy' the blankets; he took them, as he had a perfect right to do, being the company's property. The blankets were charged to. myself by. Thompson, Smith, and Barkley. Even if I had charged them iv my petty-cash account to the. company, they w.ould. have been charged, by the same, firm to my private account. The company had no account with. them. Some calico had been puis chased last October, and charged to the company; but, as it was paid for soon aft.r, the account had been closed. I was up at the claim in January last. I had then resigned my situation as manager. When I was there, I gave no directions about the blankets.— The Magistrate, in summing up, said that he would give the verdict for the defendants, inasmuch as he could not consider blankets necessaries for the proper working of the claim. — Verdict for defendants — costs, Ll 15s. (Before W. H. Revell, Esq., R.M.) Thomson v, M'Liaren.— Claim for L4l 12.8. Amount of a promissory note. Adjourned for a week. Griffitha y. Guinness, -^Claini for L 46 Bs, for services rendered Norm Griffiths, being sworn t deposed : On Ist February, I went to Stafford Towrf to get a horse. I •took, a letter from Mr Guinness to Mr Proctor, which I gave to him. I have not that letter now, nor have I made any effort to get it. The letter stated the arrangement between Mr Guinness and myself. Proctor told we he was leaving for Melbourne, and I believe he has done so. The arrangement between Mr Guinness

and myself was that I was to buy a horse from the Rev. Mr M'Taggart, which he was to pay for, and the expense of keeping and training for the next races was to be shared mutually by us. I brought the horse down and put him into livery for two nights, besides having him shod. Mr Guinness gave me a cheque for L 35, the supposed amount of purchase money. I gave it to Slattery to post to the Waimea. on the night of the 4th. Next' day Father M'Taggart came to the Cosmopolitan stables, and saw the. horse. He told me Mr Guinness had refused to pay the cheqre, 1 went to Mr Guinness i on hearing this, and he told me he would ] have nothing to do with the horse, as he did not see his way clear, but he would go and Square it with the Rev, Father. When I next went to the Cosmopolitan 1 found the horse in possession of another man, who was on his back. The man was Mr Crogan's groom. Mr Crogan was the purchaser, but not until Mr Guinness had paid for the horse. I was to have half the profits upon all realized over L 35 when the horse was sold. It changed ownership without my knowledge. Theitems mentioned are my expenses. In my agreement with Mr Guinness I was to have L 4 per week till the. races, also half the horses expenses, which would be L 5. This I would have to pay for livery. I value the horse, saddle, and bridle at L 75, my halfshare of that would be L2O <>ntheprolitover and above the purchase money. The saddle and bridle is worth Lll 10s. — Crossexamined by Mr Guinness : I have been very good friends with you for two years. I told you first about the horse, and came several times to the office to speak about it. Your clerk, .was the only person present. I came to ask you to write to Mr Proctor and Mr Hannan, as they knew the priest and could influence him. I was desired by you to give Mr Proctor his letter first. You told me you had recommended me to them as a respectable and trustworthy person. I wanted ahorse to run at the races. I did not tell you that I had nothing to do and would like something for the races. 1 told you the horse was a valuable one, and that he had ran very well after the races, at Hokitika. I wanted to buy him as a joint speculation, not as solely my own. The price of the horse wasL3s, including bridle and saddle. My arrangement with you was, you were to pay for the horse, and I pressed you to give me the cheque, which I at once forwarded. I came back on the 3rd, and you gave me the cheque next day. You saw the horse the day I came back. You then told me you had not made up your mind about entering into partnership with me. I swear 1 did not say that if the money was not sent on that day I would have to send the horse back, as I did not know where I could raise it elsewhere. I did not say to, you tha,t I had bought the horse for L 45, and that I had paid LlO deposit, and that I would forfeit the deposit if the money we re not paid on the 4th. I did tell Mr Tucker in your presence that the horse cost L 45, and that he was cheap. I did not tell- you that Mr Atkinson had agreed to go in with me in a horse for these races. When you wanted to throw the horse up, I said if you would keep him till Mr Atkinson came back he would take him off your hands. I told you that the money had to be paid by a certain day, and that such was the condition of sale. I wrote a letter at your dictation. I spoke about Mr Atkinson's offer after coming from Stafford Town. It was on the sth you wanted to throw up the horse. You did not tell me you would have nothing to do with him. I pressed you for a cheque, as I did not want to lose the LlO. You. were never asked to advance a pound. You bought the horse ; he was to be trained at our joint expense. I was to have half the profits. I never paid the LlO to Mr M'Taggart. I had not the horse on trial. I did teH you that 1 had tried the horse on : the Hokitika course, and that after gallopping him once round I tried him with Kohler and beat him. That was after I showed you the horse. I will not swear that I tried him with. Kohler. I did not try him, with Kohler. I did not take the horse to the Hokitika course. Mr Spiller offered me a loose box in his stables at Hokitika to train the horse. It was at Stafford Town 1 saw Mr Spiller. I told you a lie when I said I saw Mr. Spiller. at Hokitika, and that it was then he told me. I recognise the letter produced. It says the. price I agreed to pay was L 45. T had arranged with Father M'Taggart that if any person a;,ked the price of the horse he was to say L 45, so as to ensure a better price afterwards when. sold. He and I were alone when I bought the horse for L 35, and when I paid the deposit ; it was Is or 2s 6d, I forget which. I signed, an agreement to pay on the following day. When Fdther M'Taggart came about the money he told me that you had stopped payment of your cheque, and that the horse or the money must be given up. You. said to me, " Give the : man his horse back," and afterwards you told me, "I'll square it , with him." I said- if the money were not paid it would be an awful showing up for. me, going up to Stafford Town and bringing a horse away ; it looked like horse-stealing. I would not come r©^nd by the front street from your office to the stables. I gave you the. key of the stable. You did not tell me you had given up the horse to Father M'Taggart.—On, Mr Guinness rising to address the bencb, the. Magistrate stopped him, saying there was no necessity, as the plaintiff, had failed to prove his case, and therefore dismissed the chum with costs.