Resident Magistrate's Court.

Marlborough Express, Volume III, Issue 105, 29 February 1868, Page 5

Resident Magistrate's Court.

BLENHEIM Monday, Eeb. 24, 1868. [Before S. L. Muller, Esq., R.M.] SMART CAPTURE. James Campbell and Samuel Hughes were placed in the dock by Senior-Sergeant Emerson, who stated that from information i eceived by telegraph the previous day, he had (with P.C. Gresham) proceeded to the Boulderbank, and on the arrival of the ‘ Ealcon,’ went on board and arrested the prisoners on a charge of horse-stealing. Both prisoners, on being asked, denied that their names were as stated. His Worship remarked that their appearance answered very well to the description given in the telegram, and remanded them to Wellington. ASSAULT, Frederick Busch was charged with having committed an assault upon William Eobinson, to which he pleaded guilty. Mr. Moffitt, who appeared for the complainant, said it was true that defendant had acknowledged that ,he committed the assault, but he felt that the case was of such a description that it required an example to be made by the infliction of a heavy penalty. The Bench said he could not judge as to the amount, unless evidence was taken. Complainant then entered into a detail of the circumstances, from which it appeared that on the 10 th instant, he was going up the Spring Creek Eoad, when he met defendant. A conversation relative to the late floods took place, and at last Busch asked for payment of a debt owing to him by Eobinson, who declined to pay. This excited Busch, who had already taken some artificial stimulus, and he denounced the other as a rogue, shook his fist at him, and at last struck him upon the face, bruising his nose. Eobinson. then rode away to some distance, where he met with John Thompson ; and while telling him what had happened, Busch again came up, dismounted, and stripping'off his coat, ordered Eobinson to dismount likewise, and upon his refusal, pulled him so violently that he feE off and hurt his shoulder. Thompson here interposed, and held Busch until complainant got away, and on his remonstrating with him* as to' his Conduct, the reply was that he was not in a temper, but would screw his

neck off. It appeared from the evidence that on two previous occasions an altercation had taken place between the pai’ties, when hard names had been used as rogue, swindler, &c. A letter was put in confessing the faults complained of, dated the 19th instant. The Bench considered it to be an aggravated case; complainant had no right to ill-use or insult any man, but it was an act of cruelty for a man of his size to attack one so much less than himself. If complainant owed him anything, defendant was well up in Court business, and knew how to recover any money due to him. Fined £2, and £4 4s. 6d. costs. CIVIL CASES. LAWRENCE V. MACDONALD. This was a claim of £7 19s. 2d. for goods supplied, and £6 15s. 7d. had been paid into Court, which the plaintiff refused to accept. Mr. Moffitt appeared for defendant. P. Lawrence, auctioneer, deposed that he had supplied sugar and other goods to the amount sued for, and had been refused payment on the ground that there was an error in the weight of the sugar. By Mr. Moffitt: Am positive I weighed the cask of sugar, allowing 18 lbs. for the cask, as it had not been opened, being an original package; the end had not been stove in. I helped to put the sugar in the cask. Many people had not complained about short weight, nor had he had a case

in this Court of that kind. 18 lbs. was the customary weight allowed for a cask, and am certain this did not weigh 35 lbs., although I did not weigh it. Did not state what the weight of the cask was, but said the gross weight was 2 cwt. 2 qrs., nor did I say I would allow 40 lbs. Mr. Moffitt said the main question was the weight of the sugar, which on being weighed was only 218 lbs,, and the cask 35 lbs., making a deficiency in weight of 62lbs. John Macdonald, a farmer in Lower Wairau, deposed that on October 24th, he purchased some sugar from plaintiff by weight, at 6-Jd. per lb. It was not weighed in the store, although sold by weight. Put it in his dray, and took it home carefully. He made a practice of weighing everything when he got it home. There was a vacant space in the cask of about six inches, stuffed with old rubbish and paper. It had been wrecked, and had been wet with salt water. He bought it as best sugar; the cask was

in a very dclapidated condition, and it could be seen by the appearance that it had been wrecked. Made the sugar to be 218 lbs., and the cask 35 lbs. Plaintiff offered to allow 40 lbs. for it. Had tendered payment three times, but he refused to take it. By plaintiff: I agreed to pay for every pound of sugar ; it was not weighed before me. Took the broken cask, because you said you had no more till the Alarm came in. I tallied the sugar, added up, and my daughter also added them. Weighed it 2 lbs. at a time; the cask and all the stuff are at my house. Further evidence to a similar effect having been given, the Court said this was a most extraordinary case; there must have been 109 weighings to arrive at the result. The defendant had not made out a clear case however, and judgment must be for the plaintiff, less the amount paid into Court, witlylSs. costs. / MOXTROSE V. rowicic. /A claim of 555., for labour done. Malcolm Montrose deposed that he was a pratfEicaf engineerpand on February Ist was engaged to repair a threshing machine and engine, which occupied him 5£ days, for which he charged 10s. per day. When he demanded his money, defendant offered him first an old shirt, and afterwards £l, both of which offers he refused.

Defendant said he did not owe plaintiff anything. In reply to him, plaintiff said he did not say that if he would get him a job at Fairhall’s and Robinson’s, he would repair the engine for nothing. He cleaned it thoroughly. Robert Robinson saw Powick’s engine on the day named; it wanted repairing, and saw plaintiff engaged in taking it to pieces on the Sunday. Thomas Dick, who worked on the machine heard Montrose say that if Powick would get him a job at the places named, he would do it for nothing. William Lipscombe heard plaintiff say he would take all to pieces and put it together again in a day, and corroborated last witness’s statement. Powick said if it could not be done in a day, he would not have it done at all. Had never heard plaintiff say he expected 10s. a day for it, nor had he said that if they could knock him (plaintiff) out of his money, they would have a spree with it. The engine could have been worked on the Monday without anything being done to it.

The Court considered the plaintiff had established his case, and gave judgment for the amount, with I Is. costs;