Resident Magistrate's Court, Poxton.

Manawatu Herald, Volume 06, Issue II, 6 December 1889, Page 2

Resident Magistrate's Court, Poxton.

(Before H. \V. Brabant Esq., B.M. aud J. Davies, Esq., J.P.) Wednesiuy, 4th December. J E, McDonald v. Bell Bros -Case struct out on application of plaintiff- sjlioitor. Reeve & Co v. E. Walburton— No appearance, case struck out. Hayes v. Stephenson— Claim £4 3s 4d. Mr Baker for plaintiff, Mr Eay for defendant. £1 10s 9cl had been paid, £3 admi ted less £1 10s 9d. Judgement by consent for plaintiff for £1 17s 7d and Cists 13s. E. Tolmer v. W. Stephenson. Mr Baker for plaintiff. Mr Eay for defendant. Mr Hay said he had applied for better particulars to plaintiff's solicitor a month ago, but the most important ruply had been omitted; he wniited particulars as to the poison tt'<; ]\oi-30 has besn alleged to have i\'.L-n ; i,l it- jiTainHff (fiains defoudant caused the death of plaintiff's horse by poison, and full particulars -were necessaiy.

Mr i .ulcer said ho would amend tho claim by saying- by some drug to tho plaintiff unknown.

The li iL said he thought particulars sufficient as they stood ; if anything arose iv tho ca>:e about the drug an adjournment could bo obtained.

Mr Ray said the charge was really a case of felony against defendant, and plaintiff had no right to go for civil damages until tho felony had been punished ; he quoted authorities. Mi' Baker s?.id he was not prepared to argue tha mattor, but ho would like to look up the authorities. Ml 1 Eay objected to the case beinggone on with, as the plaintiff could lay a criminal charge, and take the risks of doing so. Mr Baker wanted to go on with the case and after hearing, to have judgment reserved till criminai proceedings had been taken. Tho K . M. said he was not prepared to decide the point to-day and the caso had better go on, aa a number of witnesses had been subnoened. Mr Ray asked that a note be made df the objections he had raised. Mr Baker said the case had de- j voloped itself into an absolutely conclusive ca-o ; flio defendant resided near plaintiff aud his horse annoyed defendant by trespassing on flax spread abuit ; on« night tho horse stray d again, (<lie 18th August) the horses tracks waro traced to the place vvh.u-e defendant had his flax, and on the following morning tho horse was very ill and soon expired, ot symptoms of poisoning; the first proofs ng-iinnfc dnfenda t wero s mewliat slander, but smco have- become conclusive. Edward T •!m.?.i i 'leinc* rwohi said - T was tho ownrr of a brown horse, a hack, 1 valued liim at £23 I had had o(Yois f -r him at the proa, Mr P.oga-s offored it to me ; thi 1 horse "'as running round •' 'sboruo and Gioson's -nill ; the defendant 1 have soon thero a good many times ; the defendant told m^ ono night that he had been watching me f>v a long timfi to find who liad b en putting horsf?:"? into tho finro paddock afterwrds h • *o d mo )v. hud cangli. my Iior; '.s iv his pa Idock do.-sfv >yin? the fibi-o. and he should soiui in n j bill for £<j : T said 1 would not pay ! him h? t!:en said lie would make it list for nvM'' l (iid not pay; after that I sent my bill into him ; this oonvesition wui a W;ek or two ' b»forn ths ho-s? died ; my horse on I the evening of tho 1 0 ": 1 1 Anjrnst was •.vyim? to push the f <Hp panels down, leading into th^ flax ; T Raw ths horse no t d«y about olinnor thuo, 1 1 fo.ind him stigcjiving on h : s hw^ in J (he adjoining pul:lo«-'c ; ho was beat- j iog his head on the gvoiuui, liich-

mond tuo maori lhariajje'l to get him to my whai"?, by beating him ; his eyes wore sunken, his lips swollen and mucus running from his mouth ; he stretched himself out stiff and then died ; he was rolling fat at the time ; he appeared in great agony ; I saw him Htifieiiing himself several t : 'nes; I made all sorts of enquiries as to who had poisoned the horse ; I saw Stephenson's tracks close to where I saw the horse first, near the gate ; he had no business where the ; tracts were ; the horse was the only shod one in the pactdook, t saw the place wliPi'9 the horse fell, ifc was in I the paddock next the fibre paddock ; ! I knew they were Steplienson's ' tracks, and I measured them with a rule and a p3ir of compasses and put them on paper ; they were as fregh tracks as the horses, and on the saffie mud. They appeared to have been made the night before ; the defendant was standing close bye ; the tracks were the same as t saw Steplicusou make. •

Cross examined by Mr Ray— l saw -the tracks on the ground, not defendant's boots. Tllo Maori saw them to. He is called Abraham. I was at my wha: c when defendant was in the field This was a few da)s after horse was poisoned; I could have sold the horse io Rogers for £25. Abraham would have given it Ido not know the. names of the others who have offeree! me this price for the horse ; I have told my boy to drive nay horses into the fibre paddocks ; I do not recolle3t telling my boy to do so mora thau onco, but if he put them in he would have done so with my authority. If the boy said he had my authority to put the horses in, whilst Stephenson had charge of the mill, it, wou'd be iucorrect. Defendant and Ireland went up to my house one night and asked me who gave me authority to put the horses into the paddock ,- he did not say he would pound the horses ; 1 sent him a bill, which was for firewood, after the horse was dead ; I never had an} r quarrel with him ; I took portions of the stomach of the horse and put it into a bottle and gave it to Mr Matthews ; I examined the blidder, it was fearfully inflamed. .Armstrong was on the premises when the horse died ; I swear I did not hear hini recommend me to give him some laudanum and nitre I did not say '* I wish I had it " ; I cou'd not say if the mill was working. The horse jxnsoned had been in the fibre paddock ; I have had a good deal to do with horses : the horse has never been missing.

Ho ararrrni.w] l>v Mr jialcei' — 1 am sure the horse was— poisbrfen fife was iv perfect health before ho died. By Mr Buy— The bladder of the horse was not lmich distended.

William Henry Stephenson being sworn said— l know the d:ite tho plaintiff sail tho horsa died ; I do not know where I was on the 18th August in the day, on the night I was there at the* mill ; I was living at Titirangi in a whare ; I do not remember what time I went to bed that night ; I was never out amongst the horses at midnight ; I was not out between 11 and 2 in the night amongst the horses ; I never in my life caught plaintiffs horse between these hours ; I never gave any hor.se a feed between 11 aud 2. I have fed my horses after dark and before daylight, but not between 10 p.m. and daylight ; lam prepared to say I never gave the horso any poisoned feed at any time.

Cross examined by Mr Bay — I have known plaintiff since April ; I and my partner were occupying the mill ; wo took it from 30th July to some date in October ; The plaintiff had a boy, he was 17 or 18 yoars of ago ; I complained to the boy, (after I took the miL), as I had seen him turn two horses in, as to doing so, and the boy told me that Tolrner had done so ; I told him if they wore not taken out I should pound them ; I fetched Loslie Ireland and went to Turner's house, and told him I had soon the boy putting the horses in. I told him the horses had done £o worth of damage and I should send him a bill ; I ha\e never seen the horso to my knowledge ; after com ing homo on the Friday night I heard at the mill that Tolmer had lost a horse- I have never administered poison to the horse, or touched the hoi.se ; I never threatend to injure the horse ; I have novev worn a pair of water tight boots. TlierU no truth whatever in tho charge made by 'the plaintiff. By Ml 1 Baker — 1 am perfectly sure I never fod tho "horses after 10 p.m. I never iWI them on a Sunday night. John Warden being sworn said — I was working a- cook for defendant. .1 remunber Sunday 18th August. I got up, after going to bed, about half past 11 or V 2. Wo wore all bad with diarrivooii. I saw the defondjxut, ho wont to the feed bag, and to.'k some food out and put it into a nosebag. I saw him go down to tho tout with the nosebag, ho camo out of ihe tent, down past tho cook house to the paddock, where the horses wore kept : I f. l.'owrd him just to see what ho v. ns doing. I saw Stepensou put tha nosebag on , the ground, tur i the mouth, down, and saw T olmer's big black horse come up an! commence feeding. Other horses tame up and he drove thov. away with a stick, towr.rds the island. Thi ( was just outside tho •'ibvo p ( uldock, it was close Jto tho slip paunel ; it was moonlight, only

a bit cloudy ; I went to bed about half past ten, and I had been in bed about an hour ; Ido not think Sfcephonson saw me ; I never told Stephenson so ; I heard J. Armstrong was going to cay the horse was sick before ho was poisoned ; I then told Mr Tolmor; I heard Stephenson say he would make it i hot for plaintiff; Mr Jonas the cook at Russell's mill, offered me at last court day £1 a week and whisky and cigars if I would go and -work tbere as second cook. Cross examined by Mr Kay — I met Jonas at Stansell's hotel ; I onV onco had whiskies and cigars witi him there ; I am earning 7s 6d a day ; I worked 3 days after this transaction with defendant; the flax bushes are 20 yards from the fence. Richmond (a native) being sworn said — I knew defendant when he lived at the" mill ; I cleaned some shares at the mill ; I found a bottle of medicine there (produced) it is the bottle and the contents are the same ; I sboweS the bottle to Tolmer ; I hav.e never parted with ifc till I gave it to you. I found the bottle some considerable time after the horse died ; the bottle was underneath the scantling the uprights were fas'ened to, it appeared to be hidden ; I do not know what the stuff is ; I do not know the day the horse died, it might be Tuesday; I saw the horse the same day he died, the d&y before he was quite well; I saw the horse before he died he was very staggering as though he was drunk, his eyes very dull, at times he stretched his legs out very stiff, bending his back, and saw him do the same thing again and then die ; he was running very much at the mouth.

Cross examined by Mr Ray— l was here at the last court on my own business, but had not beensubpoened; I was asked by plaintiff the last court day to give evidence, but not asked before that; I have worked for liltepheiisOn in June or July ; I found tbe bottle somo time previous to last court day, in September; it was in September, when we first took the mill ; I cannot swear it was not in October; the house I found the bottle was the house the hands had their meals and slept in, Maories and white people; I remember 3 tents standing there ; there was 1 tent only standing when I found the bottle, the other 2 had been shifted; it was McKennas tent ; there was a barrol of oil standing about a chain. irom the tent, and could be seen ; when tlieo ther 2 tents were down ; I was

-T*>«^»«j-«.M>W-milVl)eforft I went to clean the house whereiri~Tf6uniT'tiie bottle ; it was found some time about midday ; McKennas tent is not in s'ght of the house where the bottle was found ; I saw a man named Frank James sitting near tbe oil barrel when I was picking up bits of sticks wher a tbe tents had been. A bottle drew my attention whilst I was doing this ; I. hooded it to Mr Bakpr today : I nsked Fi'ank James what bottle this was (bottle produced) ; when I found it tbe bottle was half full, the colour was dark and it was liquid ; I asked Frank James what was on the bottle, and he said it was very bad poison ; I know Fred Hatfield the engine driyer at Osborne's mill ; Fred Hatfield said it was bad poison; I found other bottles. Some were broken others were laying about. ; I did see aflat bottle ; I picked it up and also said to my friends here is something in it, something dark ; Frank' said don't touch it ; I did remove the cork from the bottle sometime aft9r I found it, not the same day (the bottle referred to being the first one put in evidence) probably two months afterwards ; there was something in it, it was just as it is now ; I cau say them was nothing removed from it whilst in my possession; alter the hoise died, ifc was dragged away and buried tho same day, probably two hours after. r Frederick Hatfield, being sworn, said— l was present when the native (last witness) found the blue bottle, behind the board in a bunk ; Stephensori slept in the wharo ; there are 24 bunks Cross examined by Mr Bay — I , have been living at the mill for 10 ! wooks ; I.lc-ft Moutoa to go there ; I drive the engine at the mill of Os borne & Giesen's ; I was in the whare when the native found this bottle (the first produced); I think there was a slight stoppage at the mill. ilt must have b^en after dinner ; I i could not say what the Maori was doing ; tho Maori came to me and said he had found this bottle ; at tho hoad of the bunk there is a window, and I saw tho Maori put his hand in aud take it out ; I told him I did not know what it was ; another time this native brought up a bottle he found under some boards ; I saw him lift the boards and pick it up ; Frank James, was between mo and the Maori. I to I . A tho Maori it was poison. It had a third part of dark fluid in it ; I smelt and gave it back to the Maori. Ho' crt Homer, being sworn, said: Ihave 'renn practising as a veterinary surgeon for the past 50 years; I was present in Court when the Maori explained how the horso died. I have never seen a hoive die from such a cause, but it represents poisoning by strychnine in dogs aud cats; the arched back is a marked effect of such poison. Stiffness in limbs is effect of spasms.

Cross examined fry Mr Ray— l have only passed ft preliminary examination 45 years ago 5 1 ara h^l; ,1 member of any college > I am not qualified to say Whore tho poison would bo ifoand.

William Vraser, being sworn, said: I I am a chemist, living- ift Foxton ; the lit-.10 b!uo bottle contains strychnine ; way it produces death on a horse I cannot say, but I know tile symptoms ; Ido not say that strychnine does not produce ui'clvness of tho back. Oosa rsamined by Mr Ray — I am a tihenttsfc, not a doctor ; I have not nnalifced the contents ; I was asked to examine the intestines of a horse : Tolmer brought thenl to me ; I declined to have anything to do with it ; one bottle I threw away, it was a piafc bottle ; if strychnine had been in the body of a hoise I should have expected to find it in the stomach. William Abraham, boiug sworn, said— l measiued, with Tolmer, •Sfcephenson's tracks the day the hor3e died, on a Monday ; I saw Stephen- - son make the impressions on the jgroond with his feet; these tracks vrsre found going down hill towards ithe swamp ; the other tracks near the horse was by the mill, near the gate ; I saw shod tracks, and the man's tracks were near ; ihey wero fresh, about a day r.ld ; Ido not think t 1 ey were dona the night before. The boot mai'ks had eight lines of nails ; Ido not know Stephenson's boots ; I ■do not know who slept in the 4th bunk on th« right ; I know Stopheni son's was the third bunk on lower tier, it was next the window. Cross examined by Mr Bay— Tolmer asked me to' moasurethe tracks ; he gave mo no reasou ; it was after the horso died I measured the tracks on Monday; there was a little fibre in the paddock ; the track was in the usual and nearest direction to the fibre field. This closed the plaintiff 's case. Mr E i \y asked if the Magistrate Tuled if there was any case to answer. Tho E.M. said that theiv was not sufficient evidence to give judgment - for the plaintiff. The Bench thinks the plaintiff should pay the coats, 6ven for this reason, that if he thought his horse had been poisoned he should have taken criminal pro - oeedings. The plaintiff was nonsuited; Court costg ss, witness for defendant 10s, solicitor's fee, £2 2s. McKay v. Jack & Co—Claim for £39 7a Cd for wages. Mr Baker for plaintiff, Mr Skerrett for defendant. Mr Baker stated that £20 had been paid since. William J. McKay, being sworn, s-.id — I had a contract with Jack & Co ; Mr Stewart was their agent ; Mr John Jack said they would require small bales soon, and I told him I could not do it at the same price, and he said* that Mr Stewart would arrange with me ; I pressed bales after the mill was burnt at 2J to 2£ cwts ; I told Mr Stewart that I could not make them under 42s Gd per ton ; I went on with the work and he told me it was a fair price ; I understood from Mr Stewart that would be the price paid ; I was never told I should not be paid that price ; it is fairly worth the price to scutch and bale ; I have worked before for Jack & Co., and got 30s for scwt bales; the smaller bales occasioned an extra hand being employed ; I scutched and pressed the 20 tons ; since the claim has been made Mr Stewart had admitted the claim to be a fair one. Gross examined by Mr Skerrett— l was doing the baling under contract, which was in writing ; the alteration in size of bales took place after the mill was burnt; the presses were made smaller ; previous to the mill being burnt Mr Stewart had spoken about reducing the size of the bales ; Mr Stewart never said he " thought 42s Gd a fair price, but he would see Mr Jack after and let me know." I was not satisfied with this arrangement; I think I may have spoken to Mr Stewart before he left the mill; I do not remember having a conversation with Mr Jack ; I have never known any one pressing such small bales. Re-examined— About a week later there was nothing indefinite in what I told Mr Stewart ; I was content to go on working on the faith of the statement of Mr Stewart's that he thought it a fair price, I cannot remember any conversation with the Messrs Jack ; I saw John Jack a few days before the sth October ; I swear that I never had any conversation with Mr John Jack about the 42s Gd. J. W. Stewart, being sworn, said— l was acting either as partner or manager at Jack St Co's mill ; he had a contract ; after mill was burnt if, was resolved to make the bales smaller, and I put up two presses instead of one; I neither agreed or disagreed about the price ; I had a convamtion with Mr McKee, and he told me that he did not think the work could be done under 40s ; I told him to see and go on. After a week he told me he could not do it under 42s 6d ; I said I thought it was a, fair price ; lam bound to say I led him to believe he would be paid that price, and I should have paid it had I remained ; these are tho smallest bales in the whole district ; lam not aware how much additional value the size puts on the bale ; they said it made an addition of £3 per ton. Cross examined by Mr Skerrett — I went to MoKee and he said he would require 40s ; at a further conversation I told him I considered 42s 6d a fair charge ; I recommended McKee to Mr Baker; I went to see Mr Baker and met Mr McKee there; I saw Mr Baker last night ; I have a dispute with Messrs Jack & Co, and' you (Skerret) are my agent in the case — I refused to reduce the size of the bales, on the ground that they would get no better value, but the Jacks assured me they would. Re examined by Mr Baker — The work the plaintiff is getting 12s Gd for the Jacks' are getting £3. Henry Andrews being sworn— said I am manager for John Rutherford's flaxmill ; if making bales of scwt wero worth 30s the cost of baits of 2£cwt would be 10s to 12s extra ; I have seen the bales ; I have had uqwardi of 10 years experience. Cross examined by Mr Skerrett — I have the bales from SAcwt ; my contractors are getting 30s a ton, but that is up to 4£cwt ; 35s to 37b Cd for bales averaging 3cwt ; would be a reasonable price. Re-examined by Mr Bakor — Prices would all depend on the size of the hanks ; the Way MoKee did op the bales was well worth 42s 6d. Alfred Button being sworn said— l am a . flaxi&Uler; hava had about 20 yearo «x-

--periencc;e c; smaller bales of '2|c\v"t, the honk's being I})h».\ v/oukl be wovth 7s to 83 a ton mo'ie to" make than sc'wt-bales with 01b- | hanks ; I havo seen a fow of the bales nuiclc up by MoKcc, and think 38s a ton would be a fair price. Cross examined by Mr Skerrett— My Tales average BAc\vt and costs 30s a ton ; Ido not think! could got the work done for under 'Ms or 37s if the bales were reduced to 24cwt; I have setn \yalcieii' lidles; i do not know tire ttdght ; 1 should say they we,i'e JtWl to 3.Jcwt. lie-examined by Mr Baker—The reduction in the hanks would not make much difference; there is more labpui- in small hanks ; when I gave my estimate it was taking the hanks \ve V^ei'e making ; if tho hanks wore reduced I should put another hali-a-crown a ton on. Oicar Sutherland being sworn, said— l know the prices that are being paid for scutching and pressing; those who get 80s a ton make 4cwt to ijewt ; I consider j McKee's work was worth SSs a ton. Mr Skerret said there was never a con .tract and they were prepared to pay a fair price, and paid it into court. The plaintiff does not set up an express contract ; on another ground according to tho evidence he entered into a special contract reduced into writing ; the plaintiff must establish the entire contract if he relies upon a parol alteration ; the plaintiffs witnesses go to show the value was 85s and this amount has been paid into court. John Jack being sworn said he was a wine merchant in Wellington. Was partner in Jack ?& Co's hampmill here ; My [For Continuation of report of Court see fourth page.]

*

brother James is my sole partner ; Mi Stewart was in charge of the mill and! instructed him -to have the bales made d* cwt; The mill was burnt down on the 15th July, commenced work 12th Aug. I had a | conversatiou with McKcc on 17th Sept; h« came to me and said the bales were Waller, and he would require more toY them; I asked him if he had sce^ Stewart and he said no ; he spoK, aga i n the following week aod I told l^ m j wou ld see about it at the end o\ ptnj month ; He never, said he toft aj§j^cafl agreement ; .JQn.jMth Oo*.. ats 3me fl'inWs,* the mijl, ibefoK^gettiag'lhis acCotint we were not aware he was charging 32s Gd for baling ; I said wo would only pay 355. Cross examined by Mr Baker,— J. wrjjote,* letter w£|h ids<ftpß fb&u^fci' £26 stefiog there wert, iftmaVihal wftntei Ik^jv&mig j^in the letter I do not say I object to the charge of 42s 6d per ton ; the conversation took place two days after the summons was issued, and I had not objected to the .price ; Prior to that Mr Stewart was the proper person to make arrangements ; my only objection lake our bales 3 cwt and 3£ cwt to 4 cwt averaging say 3 J cwt ; I get it done for 298 per ton ; I know Jaok't mill ; I should say 33s was a fair for: making, Tsucb bales. Cross examined by Mr Baker.— l have seen the bales go along when they were big and I haxfl.aeea.ith^it / .^ey caULjha. small ones ; I thrnpj|AWv*tS wei^ti qj£_ the small bales f" fflTxis lighter in summer than in winter ; I always pay what I agree to pay ; I think 42s 6d is altogether {out of the way price for 2| cwt bales and 2£H> hanks; the price depends entirely as to how the work is done up ; most of the mills Jamesi varik wing "sworn 1 said — I an/ a member of the firm ; I produce a list of weights of the bales since the fire ; some ran up to 3J"cwt. J. R. McMillan being sworn said that he "was proprietor of a flax mill ; we turn out between 3 andJJ cwt and .wefia£ Dfepton; thepT^eys@msMt^&ltC| c' s>.» i - Cross examined by >Xr Baker— l an*-not praptfi^d tj i^'eyjo thj^ 'price I pay^ I am not prepared to say whiit' workmanship has been put fin by plaintiff ; some mills pfilt, flax twice through the scutcher. The R. M. said this was a case where the plaintiff sued for balance of r.n account for pressing flax ; the question was whether it should be paid at 42s 6d or a lesser rate. The bench is of opinion that Mr Stewart had power to enter into a xontract for the wcj^Mtlid Iplaintiffjs eviQdnce and' Mr Stewart's agreed as to what was said ; but it does not appear to be £; definite contract. The bench thinks the plaintin* is only' entitled to what his work is shown to be worth ; the books show the weight to be 3 cwt ; Mr Stewart thinks 42s 6d a fair price, H. Andrewsjjkhough|'Bfiß to J7s 6£ ,was a*, fair price, he liad admit^fl |ie^iad noi taken into consideration the small nanks ; A Sutton had said 35s a fair price, but admitted he would put on 2s Gd more for small hanks, the other twjoj lidd fi^'ejl 35p;-* the court put the price at 38s; 35s having been paid into court, £3 and £1 12s the set off would have to be paid, and costs 435, Sol. fee, 21s, witnesses, 225. ' ' Thynnev. Hugo— OJaim £5 13s for advettising and rent of ha'l. Mr Kay appeared for the plaintiff. Judgement was given for plaintiff for amouut claimed with 18s costs and 21s Solicitors fee. ASSAULT CASE. James A. MoKenzie v. Hector Davidson. Mi Kay for plaintiff, Mr Baiter for defendant. Mr Baker said on the understanding fhat the case would not be gono on p^hjMrlJayMsQii -.would. ...egress his 11 . arid-pay all the costs fixea by the bench. - Mr Ray said he agreed to this course and handed in a list of them. The B. M. said the, jcosts correct except the 6olfcitor's fee was higher than. usual,- he said that, he should only have allowed the Solicitor a i'eo of 21s. Mr Balier paid that Mr *DilVidson- ; would ugree to the amount claimed by lire solicitor. ■ '•"' ' ' ! Ml 1 Baker psked that the case bo struck out on terms mentioned ; it was ordered tl^at the case; b.e^at^qlj, out with corns as hgreed ariiountiiig to £3 5s and solicitor's fee of £2 2s. H. Me Donald v. Allen McDonald —Claim £4 17s 5d on a judgement' summons. Mr Rtzherbert for plaintiff, Mr Skorret for defendant. Allen MdCtojqWjrboin^^oJß,- Bftid^ —Ho wa^seifi3flanc;in.v |h#^ case..;', judgement has been obtained ; I have not paid the amount because I have nothing to pajr.-fkHitrfa .;> I have not/ received as much as £4 17s 5d since date of judgement in April last, deed produced shows I am entitled to equal share of the^hean^f^rm my^wo brothers managi ;J j |j^o|^,i /{he farm ; I draw "nothing, nofaj,' penny ; I have h«aato'inofle^:f|^n^ny one else ; Idb wtwirJliwr got the suit lam wearing, but before the Judgement ; ther%~4s pq- money/ owing to me from ttuLesuQlß. \j : Bytbo Court— l am absolutely without^eati&ta pw thiamoney ,stl live oq fgy |yot{ierj£^jfrbxk on/|he place. John E. McDonald beiig sworn said lam one of the Trustees under brother, he works on the place ; we divide when theprofitscome; tharejiffive been no profits ; Allen is telling the truth when . he. says he has had i nothing iXam Sjiyplymg the bouse j with dgb(}jjjif HtW,' dt Ie^ fc ruostly. ***** By Mr -kerrett— The property is le^lf^tfi'lKo' ■•§Aßt^ Wa[s J indebted ' f u f %ti*ltip) tb^( baluice cf , ptbfits' is u^Mß'^WMdkbi:' r •■■■'' ' By tiie Court — No order is made. wo^ |t npt t .s(jk ,for drij unrjer the circutnßt{tn^es^' r ' :) , ■ Tb.ecase of McKee v. ifnek & Co thoi), adjourned fa {Jl3tJbf - Dec, '. (Par; ticu]y}r|sjf ,jf^ 8 c^ao.will •fippeav in, ou»" nex issue ) All theoiier cas.ee wSeteft^jjounxed to -Friday, IJMk ., December , «* ,10