RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume II, Issue 105, 10 April 1863, Page 3

RESIDENT MAGISTRATE’S COURT.

('Before J. Curling, Esq., R.M.J Appjl 7. Lowndes v. Janisch. This was an action brought to recover certain goods, value about £lO, purchased by the Plaintiff at an Auction held by the defendant at the stores of Messrs. Doitsh & Henry of Napier, on the 24th of March last, and the plaintiff claimed the delivery of the said goods, as per sample, exhibited at the said auction, or damages in the sum of £5. The plaintiff’s case was that he attended an auction sale at Messrs. Doitsh and Henry’s on the 24th of March last, at which defendant was auctioneer—a sample of black cloth trousers was put up which the plaintiff examined and bid for, and became the purchaser of nine pairs at 10s. 6d. per pair.— Upon application for delivery, Mr. Doitsh tendered him nine pairs of trousers of an inferior quality, one of which pairs was brown instead of black. He then refused to take delivery of them, and Mr. Doitsh refused to give him any other, saying those were the ones plaintiff bought. Mr. Robot tom and Joseph Richards corroborated plaintiff’s testimony. The defendant produced nine pairs of black cloth trousers in court, and said that those were the trousers plaintiff bought and the ones he tendered him, but plaintiff said that if those trousers had been offered him he would have taken them at once. Judgment for the plaintiff for costs 21s. and that the trousers produced be handed to the plaintiff on his payment by him of the amount he bought them at. Thursday, April 9. James Johnston was chai’ged with having stolen a cash box containing about <£ll in money, and a quantity of jewellery of value of about £5, the property of Mr. Sebley, of the Exchange Hotel. From the evidence it appeared that the prisoner had been staying at Mr. Sebley’s during the past week, but left to proceed South by the steamer yesterday morning. In about an hour afterwards, on Mr. Sebley going to the drawers where the cash box was kept he found it gone, and suspected the prisoner of having stolen it. He immediately went to the Spit on horseback, taking with him Corporal Evans, and thence on board the steamer, where they found the prisoner, and on searching underneath a bunk the missing cash box. The prisoner upon being asked if he had anything to say in answer to the charge, made the following statement, —“ I plead guilty to having stolen about £lO in cash, and the cash box, and whatever else might have been in it. 1 have nothing to say in extenuation, but would wish to be dealt with summarily if possible.” The prisoner was then committed for trial. DESERTION'. Robert Slight was brought up and charged by Sergeant-Major Scully with being a deserter from her Majesty’s 14th Regt. It appeared that the Sergeant-Major went in search of two deserters from the detachment stationed here, and (hat on Tuesday night last, he fell in with them at the Waipukurau Bush; about 30 miles from Napier, The prisoner, who was one of them, resisted with a knife he had in his hand. He (witness) knocked down the other man with his stick, and dealt some blows to the prisoner, who parried them twice with the knife, when witness imagined he had knocked it out of his hand. Witness then closed with the prisoner, and after a severe struggle, succeeded in handcuffing him. The other man escaped whilst the struggle proceeded. The prisoner was committed for trial by Court Martial.