RESIDENT MAGISTRATE’S COURT.

Kumara Times, Issue 571, 26 July 1878, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, July 25. [Before M. Price,', Esq., R.M.] CIVIL CASES. Superina v. Spindeler.—Claim .£9, for three weeks’ working as a carpenter for defendant. Mr Hawkins appeared fa- the plaintiff,-and Mr Perkins for the defendant. After a large amount of evidence had been given pro and con the Court gave judgment for the defendant, with costs of ■ oue witness and professional costs. AN ELECTIONEERING DISPUTE. Ancher v. Seddon.—Mr Hawkins appeared for the plaintiff, and Mr Perkins for the defendant. Mr Hawkins, in opening the case, said it arose of the late election. The plaintiff, having a claim against the Committee for £7 10s, he sent it in, and it was forwarded to the Hokitika Committee for payment. The defendant, who was chairman of the local Committee, received a cheque from Hokitika to pay all claims, the plaintiff’s included, which he refused to pay, hence the present action. Mr Hawkins then called

Edward Ancher, the plaintiff, who deposed : I am a publican, residing in Kumara. I was one of Mr George’s Committee, acting in the late election. There were certain expenses allowed to be incurred by the sub-committee. There is a sum of £7 10s due at present to me on account of expenses for that election; I forwarded the bill to the Kumara Committee, and it was passed for payment. I never received the money. I know that the money was forwarded to the defendant from Hokitika in a lump sum. Mr Purkiss was my informant I gave Mr Pollock an order on Mr Pearn for the money. I afterwards destroyed that, and gave him one on the defendant for £7 1 Os, due to me for expenses incurred in connection with the election. On the 10th inst. I asked him the reason why he refused to pay the order. He said he had a contra account against me. I said If you had told me this before you would have saved a lot of trouble and annoyance to both parties. He told me there would be a small balance left in. my favour out of the amount, after paying his contra account. I told him I also a contra account against him of £2 7s 6d, which he would not recognise. By Mr Perkins : The defendant has applied to me for payment of his account on one or two occasions. The accounts were not sent down separately to the Hokitika Committee. I know how much the defendant received \ it was £1 ;>O. The accounts would amount tn £l6O or£l7(X By the Court : I claim this amount as a private individual, and not as a

- , —= — < committee-man. There no authority given by the Committee for any one particular person to receive from the Hokitika Committee. The Secretary (Mr Nicholson) sent .(town the accounts to Hokitika. ' R. J. Seddon, the defendant examined by Mr Hawkins, deposed : I am Mayor of Kumara. I was Chairman of Mr George’s Committee. I attended some of the meetings; not., all. The Secretary forwarded a communication to the Hokitika Committee. I have received the sum of £154 from three gentlemen at Hokitika (Messrs Purkiss, Reid, and Paterson), to settle the accounts of the expenses incurred here on account of the election. There had been an account sent down from here for £lB7. I had no particular accounts sent by these gentlemen for payment. I am not going to pay the plaintiff £7 10s. I am going to do as I like. I cannot tell yon how much ! have left, Mr Pollock presented an order for , £7 10s, and I told him in the first place there was not that amount due to plaintiff; and I did not intend giving it him. I declined to have anything to do with the order. Ido not know that I mentioned the contra account to Mr Pollock ; very likely I did say “a bird in the hand is worth two in the hush.” If I said so I meant it, I have not charged one single shilling lor commission, nor for any purpose. I have paid parties owing me contra accounts out of the money I received ; I paid them in cash. S, S. Pollock, on being sworn, deposed : I received an order from Mr Ancher, drawn on the defendant, for the sum of £7 10s, which I produce [order produced.] I met the defendant in Seddon street, opposite Learmout’s store, and asked him for the. money. He said, “I am not'goingi to pay the order; the plaintiff owes me I money, and “a bird in the hand is worth two in the hush.” I then asked the detendan t would he pay the order ; and he replied in the negative. I told him I should take against him. He said, “ Fire away.” I did not . get the money.

William Nicholson, examined by Mr Hawkins, deposed : I was-Secretary to Mr George’s Committee in Kutnara. The plaintiff pat in a claim for £7 10s, anti it was recommended and forwarded l»y the local committee to the Hokitika one-for payment. The accounts were signed by the defendant, who was- Chairma'i, as correct, and I sent them to Hokitika. I received a letter from the Hokitika Committee. I,have searched tor that letter and cannot find it j I do not know what became of it ", -it was from Mr Reid, of the West Coast Times, stating that a cheque for £154 had been for ward ed to the defendant, as Chairman of Mr George’s Committee. Mr Perkins here objected to proof of the letter having, been lost, and under these circumstances the witness could not be questioned on it,' as tbe letter was not put in as evidence. The Court overruled tbe objection. Witness continued : I cannot say the exact purport of the letter, but the principal part is about the £154 cheque. It was not in answer to the one sent down with the accounts. There was no one appointed by the Committee to receive any money. I have received part of the money from defendant, £7 13s and £2 125.. I claimed more from the Committee, but it was reduced to those amounts. There was a reduction made on nearly all the accounts, owing to the cheque forwarded not covering the total amount of the accounts. There was not a single sixpence claimed-by the defendant from me when paying my account. Ido not dwe him a contra account.

By Mr Perkins 1 : The whole amount of accounts sent down to Hokitika was £lB7.

By the Court: There was a deduction of 10 per cent, made pn one of the amounts I claimed, but not* on the other. It was stated after the accounts had been sent to Hokitika that the Committee there would not pay all the amount in full; and four members of the local committees were appointed, two from here and two from Dillman’s Town, to go through the accounts and deduct 15 per cent., with the exception of a few which were paid in full. -The plaintiff's account was one of those that suffered by this reduction.

The defendant re-called and examined by Mr Hawkins, said : I was to receive £24 out of the £154, being the amount of ray account for expenses incurred in the late flection j my full account was between £27 and £2B. There were some preferential elm'mq paid in full. . Mr Hawkins having addressed the Court at some length on behalf of the plaintiff, Mr Perkins replied, and The Resident Magistrate said he would take time to consider the case, and would give his decision therpon on Thursday next. . t The Court then adjourned.