The steamer Nebraska, with the European and American mails via San Francisco, arrived at Auckland from Honolulu at 1.50 this afternoon. Tn the Resident Magistrate's Court this morning a boy named Thomas Butler was charged, on the information of B. France, with entering the shop of the informant through a window, and stealing four egg)-, value 4d. The prosecutor had fur some time past
missed sundry articles from bis shop. Some question arose as to the best means of dealing with the prisoner—a mere child. On the application of Mr Inspector Scully, who intimated that he bad other charges against the prisoner, the case was remanded to Monday. The mother of the prisoner came forward and complained that in addition to giving the boy in charge the prosecutor had taken the law into his own hands by giving him a good thrashing. H. Beukers, landlord of the Ferry Hotel, was brought up on an information of lunacy, laid by Mr Reissimer. The informant was absent, but Mr Inspector Scully, who appeared in support of the information, said that having been well acquainted with Mr Beukers for a long time, he had good opportunity for forming an opinion, and believed the information to be correct.—Mr Beukers, on being questioned by the Magistrate, denied the charge. He stated that ho had been drinking too heavily for the last few days ; that he considered that Reissimer interim red in his domestic affairs; that a family quarrel had taken -place, after which he ordered Reissimer not to enter his house again; and that the present information had been laid in retaliation.—Remanded to 3 pin. for piofessional examination. LeQuesue v. Jeffares.—Claim-of £29 9s 6d for work performed. The plaintiff in this c;\sc, stated that after the Maori riot at Olive on the Queen's Birthday. The defendant, who is landlord of tho West Olive Hotel, employed him, with Mr M'Marray, to estimate the damage done to the premises and stock by the rioters, and that the estimate was made accordingly. While outside the building, Mr M'Mmray at the time being inside, defendant ordered plaintiff to make the necessary repairs, and gave him certain definite instructions—for instance, to substitute a panelled door for one of the glass doors destroyed. Plaintiff accordingly obtained estimates from various tradesmen, to whom he gave the requisite instruct ions, and the repairs were duly completed. He sent in his claim to j Mr Jeffares, and receiving no reply, sent it again with a request for payment. No notice being taken of this j either, ho brought the present action, j He produced and handed in the ac- j counts which he had paid to the various tradesmen who had performed the work, and upon which the present claim was ba*etl—Mr Jeffares, being examined, denied having given plaintiff any order for the work. "When the men came and repaired the building, he asked them who gave them authority, and they said Mr LeQ".esue. He asked who gave Mr LeQuesue authority, and they could not tell him. By the Court. —He had never asked Mr LeQuesue himself who gave him the order. He supposed the Committee who arranged the Maori feast had done so, and were going to pay for the work.— Mr M'Murray deposed that when he was at the hotel with Mr LeQuesue he did not hear any order given to repair the building. No such order was given in his presence.—His Worship said that it was quite possible that some blunder had been made about the order, but the probabilities favored Mr LeQuesne's account of the transaction- From a comparison of the amounts paid by the plaintiff for the work with the amount now claimed from defendant, there did not appear any inducement, ibr him to foist thin work \*pon him if he had not understood a distinct order to be given. If the defendant had not given the order, his proper course would have been to have at once obtained an explanation from Mr LeQuesue as soon as he found that it had been undertaken by his direction;?, instead of which it appealed that he had jumped to the quite unwarranted conclusion that some other person would pay for it. The house was quite uninhabitable at the time —it was absolutely necessary that it should be repaired forthwith, and the present decision would not prejudice any claim defendant might have against the paities liable. —Judgment for amouut with 35s costs.
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Hawke's Bay Times, Volume 19, Issue 1475, 8 November 1872, Page 2
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740Untitled Hawke's Bay Times, Volume 19, Issue 1475, 8 November 1872, Page 2
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