AHAURA.
Thursday, February 8. ' t' (Before Mr Warden Whitefobrd.): George Page surrendered to his bail on a charge of criminally assaulting a child named Margaret Dewson. This case had been remanded from Cobden for the production of further evidence. Margaret Dewson, the mother, identified the dress -produced as the one worn by the child at the time of the alleged assault. It was taken off her daughter in the presence of . Constable Hunter at Napoleon, and let took it away with him. Sergeant Goodall applied for a further remand' for eight • days, as other witnesses who were summoned could not attend the Court in con- ' sequence of the flooded Btate of the rivers. The ftemand was granted, and the accused was again admitted to baiL SMc Frank Guinness; in: the absence or Mr. A. R. Guinness, attended to watch' the case on the part of the defendant. - ■ Laurence Fexione was summoned for keeping his licensed house at Half •Ounce open during prohibited hours on Sunday, the 4th February. Constable Dorris^ proved, the charge, and in answer Jo. the , Magistrate, said there [was no disorderly conduct on the defendant's premises. Sergeant Goodall did not press for- a heavy penalty, as the present charge would act as a caution. Fined 5s and COStSi-i, . '■■'. ■'' "■' .'■ \ ; .•'■'■ '\:,..:V-\..;y ■ Christy Irvine, Michael Dracado/'W. 1 Young, O. W. Anderson, A. Faldi, N. Calve, Caroline Archer, M. Covanciawitch, and P. Tower, were similarly charged. The cases were adjourned to 15th February. Elizabeth Bourke v. Kate Graves and Mary Wingfield v. Elizabeth Bourke — charges laid under the Vagrancy Act, were also adjourned to 15th February; Loftquist y. O'Neill, and same v. same, were also adjourned to the above date. All the above charges were adjourned ; on account of the presumed impossibility of the parties concerned reaching the Court for the flood. They will be again called at 10 o'clock sharp on the day named in the adjournment. ■ civil cases. r' Geo. Nelson v. P. F. Crogan.-— This case was adjourned from 25th January for his Worship's decision* . The action was originally broughttorecoverLS^lSs^ the value of a riding saddle,, which the defendant claimed as his property, but which the plaintiff alleged was his .. by virtue of an ordeririade in the Resident Magistrate's Court at Ahaura in J869.' The saddle was in the first instance brought to the shop of Nelson, who is a , saddler at Ahaura, and taken away again by one Joseph Graham. , ; In the. interval* between Graham's leaving the saddle aud . taking it away, it was seen by, a man named Olds, who claimed it as his property. . He sued Nelson <or the saddle, and he (Nelson) had to pay the value of it, , as he .could not, produce it, iv; conse- ■ quence of it having been taken by Graham. Nelson saw it afterwards in Crogan's stable in Greymonth and claimed ii Crogan refused to give it up, hence the present action. The Magistrate reserved ' his judgment when the case' was heard, to enable himself to look over the cvi» dence in the case. ' '•' • . r \ «j,olds v. Nelson.— A verdict was no»r' given for the plaintiff for L 5 13s, with 45s costs. • >. \ M'Laughlin v. M'Nee.— A claim of
L23 10s 7d for goods and cash sapphed at Noble's Greek. The defendant admitted the debt, with the exception of L 3 alleged to be doe him on a contract for fencing. The plaintiff was nonsuited with respect to the L 3, and a verdict was given against the defendant for the balance of the amount claimed. — m The Bailiff v. Frixione (Re Kerr, Arnott and Co. y. Tracy.)—Thi« was an interpleader action to tiy the ownership of a house, hone, sodawater machine, and other property, seized at Half-Ounce to satisfy a judgment of the Court. In this case the amount of the warrant was paid to the clerk, and the bailiff withdrew. Mr Staite, who appeared for the judgment creditors, applied for the costs of the present action. He said he had received full instructions in the case, and he was prepared to show good cause why the bill of sale under which Frixione claimed the property should be set aside as a sham. His clients had otherwise gone to considerable expense in procuring evidence to uphold the judgment, and it was only at the last moment that their representative received notice of the discontinuance of proceedings by the claimant The Magistrate said there were too many cases like the present coming before the Court. Creditors to whom debts were justly owing were put to the trouble and expense of recovering their rights by parties who either did. not or could not uphold their titles to the properties they claimed, which claims in too many instances were merely cloaks to shield fraudulent debtors. His Worship referred to a ruling of one of the Judges inDunedin in a similar application to Mr Staite's, and then granted the costs asked for. -
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Bibliographic details
Grey River Argus, Volume XII, Issue 1107, 14 February 1872, Page 2
Word Count
820AHAURA. Grey River Argus, Volume XII, Issue 1107, 14 February 1872, Page 2
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