RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume V, Issue 23, 21 January 1878, Page 2

RESIDENT MAGISTRATE'S COURT

Fbidu, Jasvaby 18xh, 1878. (Before E. Shaw, fcsqt, R.M.) MoBLLBBV: CoKSTAKTINB. This was an aotioa to reoover the sum of £50 being the value of property alleged to bd illegally detained, and £50 damages for wrongful detention. Mr Pitt appeared for the plaintiff and Mr Reid with Mr Moss defended. The following evidence was called. H. Moeiler— My nephew was in the Grey. I wired instructions to him from Ahaura. I got a reply from him. He was in Bronnerton, and there is no tele* graph office there. The first I heard about the arrangement was from Constan tine, and he told me that he had arranged to take me up and back for £28. This was last Saturday about 6 o'clock. I inquired of my nephew and he said that was correct. Constantino told me that if I detained him in Keefton we should pay him £3 per day. He did not say he was to charge us £28 for bringing ns up only. I afterward* saw him and offered him £14. I saw defendant again on Sunday following*. I never understood that Constantino .was to receive £28 for the trip up alone. When we arrived in Beefton he demanded £28, and refused to fpve up the panorama unless I gave him the money. I had engaged the hall of the Club Hotel on the Saturday evening, but was prevented by the action ef the defendant. I have been to an expense of £2 10* for printing, &c, in connection with that entertainment. I pay 12* per day for my board at Gilmer'sBadulph Moeiler— l am a nephew of the plaintiff in this case. I am one of the Panorama Company. I know Constantine. Acting for my brother I made, an arrangement with Constantino to con* fey us to Reefton and back. It was on Tuesday week last at defendant's place. The agreement was that he should take Us to Beefton and back to Greymouth for £28. That was to inolude everything, tie wanted £6 deposit. I gave him £2, and told him I would give him the balance of £4 next morning. I did not give him the £4. Before I left, however, I gave him another £2 on account of the depo» sit. On the journey I saw Miss Haldan give him £1: I also saw her give htm some silver. At the time of the agree* raent he said he would leave and return toißeefton "to us after five days, and if we wanted him to wait for us, he would ' charge us £3 per day. We arrived in Beefton on Saturday evening. I was pre> sent at a conversation between Constantineand my uncle. Constantino wanted £28 before he would deliver the panorama: We offered him £14 and he refused to take it, and we were unaWle to perform, and have not yet recovered the panorama. Cross examined — I did not catl at defendant's house a Greymouth before Thursday week last. I asked him if he could take us to Beefton. He said he could, and I then made an arrangement with him to take us up and back for £28. I told him how many of us there were. He asked me the weight of the luggage, and I told him about seven or eight cwt. Nothing was said as to when the money wa« to be paid. By the Court— l hoard my uncle offer him £14 if he would give up the luggage. That offer was exclusive of the deposit. I am quite sure that the £28 was to bring us up to Keefton and cake us back. Thomas Jones— l live in Beefton, and recollect Saturday evening last. I knew Moeiler and Constantino by sight, and was present at a conversation between them relative to the stoppage of the panorama. Heard Moeiler offer JCoi • stantine £14, and defendant would not accept it, but demanded £22. Cross-examined — Understood Cor* stantine to say that he was to receive £28 to take the Company up and back. Robert Caird— l know both plaintiff and defendant. I was at the Club Hotel when the waggon arrived, and saw part of the luggage unloaded. I asked tie Greek what was the matter, and he said he wanted his money for fetching the things up. Moeiler offered him £14. and said he would pay- the balance on the return to Greymouth. Defendaut told me that ho was to receive £28 for the trip up and down. Cross-examined— Defendant demanded the " full amount," and that nothing else would do him. I understood first that the £28 mentioned was for bringing them up, and afterwards 1 understood the £28 was for up and down. By the Bench — £28 would not be a bad price for the two trips provided that he was to receive £3 3s per day for detention. Donald Boss— Had a conversation with Constantino, and he told me en Saturday night that he was to receive £30 for the trip up and down. Patrick O'Keefe — I am a drayman! Heard Constantino say in the presence of the last witness and numerous other people that be was to get £30 for bringing the Panorama Company to Keeftou and back. Alexander Constantino— On Tuesday I received a letter from my wife guying that the panaraora people were waiting for me to take them to Beefton. On Thursday when I got home I saw Moeiler at my house, and he asked me if I would lake them to Keefton. Ho said lie wanted to go by coach. He said " what will you charge for the panorama and us."' I said

J could not give a price without seeing the luggage. He said it was bulky, but not heavy. I pointed to the coach and asked him if it would carry the lot, and he said he thought so. He told me the panorama was at Brunnerton, and I would have to take it to Ahaura. He asked me the charge to take him up to Reefton and X raid £80. I swear there was no men* tion of the returti journey, We then arranged for £28 and I asked for £10 de. posit. \He laid be had not got £10, and he pulled out hit purse and gave £2. After be gave me the £2 he aaid " how about coming back." . I said I heard he 1 was going to play at several places on the return journey, and if he detained me I would charge him £3 a day. When! arrived they all rushed to unload the waggon, and I told them to hold ont hat I wanted my money, and I got on my box and drove away. I swear positively that the agreement at my place was L2B foi bringing then* tip, CroßS*examined — • The evidence of Rudolph Moeller is false. I contradict •Tones and Cair£ ' , I deny ever having said to Caird that I was to get L2B foi the trip to Reef&n and back, If they swore to that thejrmust have misuuderstood me. • 1 / : Sergeant N>v#le*<-< Recollect Sunday last. Saw both piaintiff and defendant, Moeller cane tome and informed me thai Constantino had detained some of his gwds. I told him I could not interfere and referred him to his solicitor. I then hailed Constant me and we went into the station and Moeller said he had received a telegram from bis nephew stating thai be had agreed with a carrier to bring the ] t lorama to Reefton for L2S and L3 a day for every d*y he might bo detained lere. Cross*exatn(nedt—Constantine wa« no! excited. Moeller did not seem anxious to get his panoramra. J. G. Hialop— l have a knowledge ol the charge of freight between Greymoutl and Reefton. I have xeen the pa orama. I don't think that L2B is an excessive : charge for the conveyance of the panorama, Up though thejAj^einj considerably m ci« cess of the ordinary rate. Tf there wat no delay here L2B wonld be a fair charge. Cross-examined— The last freights J have collected w*re Ll2 10«. I don'i know what the rate of freight is now. By the Bench—l think that L2S would be a fair eh » ,e for the trip up and down, provided tint detentions were paid for extra, 'J his closed the case, and caunsel having addressed the Court, : | HiiWor>hip gave judgment for the amount Of damages claimed, .and ordered t)ie immediate restoration of the property detained, with lull costs nguinst the de- [ iendant. He commented strongly upon I the conduct of tie: 'defendant ano) said that but for the fact that he (delendnut) was a foreigner would direct the police to indict him criminally for p-rjury. Austin v. Dick an i> Catt I This was ah act-on to recover the sum of £9, for trespass of pigs. The plaintiff gave evidence to the effect that before he became an inmate of the hospital, he dug up twenty-three hnga of potatoes, which lie placed iv a pit in his garden. When he returned he found that the pigs had rooted Up the pit and eaten nil but three bdgi of the potatoes. He called two witnesses, Gerdon and Lives, who swore that they had seen defendants' pies in the garden. Thomas Cato— l am a butcher residing in Iteefton, and know Austin's garden. The garden is . fenced on one side, and bounded on the other by a creek, and cows and other cattle can get into it. I measured Austin's garden, and it was Soft square. I saw the potatoes while they were in crop. Never saw the potato* s dug or pitted. In November last potatoes were about L7 or L 8 per ton. I bought them for that before he summoned me. Austin came and told me tuv pigs had boen in his garden. Cross-examined— Mr Dick was present wlien I measured the garden. I measured all the ground containing potatoes. By the Bench— l couid not give any idea as to the quantity of potatoes likely to come out of the area mentioned. I beard Gordon say that he carted 22 bags of potatoes to the pit. John Dick— l am a butcher residing in Reefton. Austin informed me that the pigs had been in his ground, and t went over and saw six or seven bags of pota» toes in the hut, end there was some small potatoes scattered about the garden. I Buid I was willing to give a few shillings towards the damage done, and he was satisfied, The next thing I heard was a lawyers letter demanding L4. He bow demands L9. I saw pigs in his garden. Crofcs.eramined— l did not count the pigs, but think there was at least ten. Potatoes are now selling at 6d per lb. When Austin and Gordon swore that they stacked 23 bfes of potatoes in the pit Oiey stated what I think is hot true, for I think it is impossible that the quan* tity could have come out of the ground. Patrick O'Keefer-I am a carter. Re« collect enrting some potatoes from Austin's hut in November last. I took four bags of potatoes and a small bag of waste. The bags were not full. They might be better than half full. Plaintiff recalled hy the Bench — lam crvlain that I put 22 bags of potatoes in the pit, and three hundred Isold to Kfclly wbh nil the pit's left m«». His Worship gave judgment for £3 10. The Court then adjourned. ■