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Hawke's Bay Times, Volume 19, Issue 1424, 10 September 1872, Page 2

la the Resident Magistrate's Court this morning Mr Sealy gave judgment in the ca*e ot Parsons Brothel's v. Rohjohns. In the authorities which he bad cited he could find no case directly analagous to the present. It did not appear, and was not in fact set up, that the defendant had given anv direct guarantee tor the debt; but it was pleaded that he had undertaken to pay the ,£65 out of money he should receive on behalf of Oandy, and that having received money to a large amount, he failed to do so. It did appear that the defendant had held out some expectation to the plaintiff that he would be paid in full, though it did not amount to an actual pledge ; but the payments afterwards received by the defendant did not appear really to be money had and received on behalf of the plaintiff as it was not. shown that there was any authority from Candy for the defendant to appropriate the money in that way. Tlmre- was certainly an unstamped instrument to that effect, but it did not amount to an authority, and representing an imperfect transaction, was void. He felt bound to nonsuit the plaintiff, on the ground that the money drawn hy them was not had and received on behalf of Parsons; but as the plaintiffs appeared to have been led asi?-ay by the defendant, he would make no order as to tho payment of costs. Seymour v. LeCouteur. —Claim of £l7 5s for work performed. Mr Lascelles appeared for the plaintiff. The plaintiff and his mate had been employed by defendant as sawyers, and the whole claim was admitted except. £2 10s for building a saw pit. Plain tiff said that it was not usual to charge for building a saw-pit except in cases like the present, where they had !>een discharged without having had the use of it. They had only used it for a fortnight, and could have had three weeks' more work out of it.—His worship deducted Mi for the use made of the pit.—Judgment for .£l6 ss, with £1 Is costs, and £4 4s, witnessed expenses.

On the division on Mr Stafford's first resolution, in the House of Representatives, 77 members in all voted. Of these 42 represented Middle L>land constituencies, and the remaining 35 were North Island members. Of the former, 22 voted with the "Ayes" (or against the Government,) and 20 with the " Noes." Of the latter, 18 voted with the "Ayes," and 17 with the "Noes," (including no fewer than 5 members of the late Ministry ) The above figures of couise include the four native members

A London telegram to G, G. Russell and Co., of Punedin, state that New Zealand wool had improved 2d per lb. since the commencement of the sales.

The Lyttelton Times, September 3, reports :—A case in which a member of the police force is implicated took place in Christchurch at an early hour yesterday morning. Shortly after three o'clock a man named Martin Hayes was taken to the lockup by Constable Macley. He was bleeding profusely from womids in the head. Constable Macley reported that, he found the prisoner knocking loudly at the Warwick Hotel. He was drunk, and he (the constable) essayed to take him into custody; that Hayes struck at him and showed great resistance. On reaching the dep6t, it was discovered that the man was suiferiag from the effect* of several severe wounds inflicted on the head. Dr Cowaid was immediately sent for, and on his arriving at the depot and examining Hayes, he ordered his removal to the hospital, where he now lies in a very precarious state. Constable Macley was arrested on the charge of having committed a violent assault, and was placed in the lock up [Macley was sentenced on the 4th inst. to one month's imprisonment with hard labor.]

The Qtago Daily Times has received a letter from Sau Francisco, stating, that a vessel was laid on for Canterbury, wi*-h a cargo of white pine railway sleepers, &nd warning personsagainst them, as experience in California sWvg that they soon become rotten, when laid on the ground.

As an instance of the fact thai the r native flora of Canterbury is receivingmore attention than it has hitherto, done, the Canterbury, Press that Mr D. Nairn ha* been commissioned by a gentleman in Ohristchurck to make a oomplete collection of the various ferns, &c, to be found on the peninsula, and that lie has started upon a tour for that purpose. A number of" hitherto scarcely noticed species of ferns exist there, aud the rebuilt of this visit: may prove an incentive to other collectors to form similar collections.

"It is said," remarks the Ballarat Star, " that the cost to the state of the late Ballarat jail breaking has been not less than £2,000. Of this amount it. has been estimated that <£SQO worth of telegraphing was done in connection, with the affair."

The Otago Daily Times says :—The-, scarcity of coal of late has been, the subject of very general comment. It will, therefore, be interesting to aur readers to learn that the valuable coal reserve,, with iron tramroad and jetty, on the Molyneux ; has been leased by the Government to Mr Alexander Grant,.the* enterprising proprietor of the Blueskin flax mil!, who will at once put ia thorough working order this much neglected mine. We understand that an iron steamer will be ordered from houiej. capable of carrying 200 tons on a light draught. This steamer will be employed in carrying coal from Coal Point to Dunedin, Oamaru,Timaiu, <fcc. In the Central Criminal Court, London, on the 17th June, a farm laborer, 19 years of age, named Tapping, was sentenced to two years imprisonment with hard labor in the House of Correction, for perjury. The prisoner had been the principal witness in a suit for divorce by a clergyman against his wife on the ground of adultery, and two. separate juries had negatived the charge, implying their disbelief in his. evidence. The prisoner was one of a class of prying, scandal-loving beings, who view every act of their neighbor* with suspicion, and who are tlw bane of every neighbothood in which they are found. It is gratifying when a mis-chief-monger of this description meet with his deserts Sir Thomas Chambers, in sentencing the prisoner,, said :: —" There were many circumstances of gross aggravation in the prisoners case. He had absolutely been the means, of breaking up and destroying the home of an English clergyman, and liad probably rendered him and his wife miserable for the rose of their uayft. A. worsecrime of its kind could hardly be conceived. If he had known or seen, anything improper, the prisoner had taken, the v ery worst course that could have been adopted, and the result was~ that from rumors circulated by him in: the village the character of the wife of & clergyman was blasted and their home? and happiness destroyed. Kothing could be more terrible in its. conse-

quences or wicked in the conception.. He sought to pervert the courseq^public justice by attempting to mislead the jury who tried the cause in the IXvorce Court, and so to ruin the fail fame of a lady whose life had been without reproach. That being so, it was highly necessary, in the interests of justice and for the security of the public-, that such conduct should be marked by the strongest reprobation." On the Ist June, a youth named Kerby went into (he shop of Mr Barrett, gunsmith, Newcastle under-Lyme, to purchase a revolver. A six-cliam-be red weapon was handed to him for examination, and Mr Barrett having placed a cartridge in one of the chambers to show how it was done, turned to get another revolver or two for his customer to look at. While examining the one in his hand the youth prilled the trigger upon the loaded chamber, and the bullet entered Mr Barrett's left side, glanced along a ri*V and travelled round towards the back* The bullet was shortly afterwards extracted. Mr Barrett will not again & readily entrust a youth with, a loaded revolver.

The Oaniaru Times publishes the following as the examination of a "skilled" -witness in a recent Court case in that town :—"Counsel: So you call yourself a practical architect % Witness : Yes, 1 do.—Counsel: Now, tell me what is an equilateral triangle ? Witness : Tt is a square.—Counsel: What is the difference between a rhomboid and a unilateral circle % Witness : That has nothing to do with the case. —Counsel: Do you know anyt lung of agriculture I Witness : Yes.—Counsel: Then, what is the proper kind of soil in which rhomboids grow best 1 Witness : A light loamy soil.—Counsel: Do you think Akaroa guano would improvo their growth 1 Witness: No; they always throw a taproot in ground too heavily manured. Those with lateral roots always flourish best. —Counsel: Have you ever grown any? Witness : No ;„but Mr Derett exhibited a few at the last agricultural show, for which he took a prize. He did not use manure. —Counsel: You can go down."