Resident Magistrate's Court, Foxton.

Manawatu Herald, Volume III, Issue III, 8 October 1891, Page 2

Resident Magistrate's Court, Foxton.

Wednesday, 7th October. (Before H. W. Brabant Esq, B.M). CIVIL. CASES. E. Osborne v. Pitihira Bori —Claim £6 4s 9&, less £2 paid. No appearance of defendant. Mr Bay foi plaintiff. Judgement for amount owing and costs 7s. Same v. Ihaka Ngaranga — Claim £2 3s including interpreter's fee. No appearance of defendant. Mr Bay for plaintiff. Judgement for ! £1 18s being amount less fee and { costs 7s. Same v. Meeti — Claim £3 7s, less £2 paid. Mr Bay for plaintiff. Defendant appeared and admitted debt, but asked till January to pay. Allowed. Judgment for 27s and costs 7s. Same v. J. Broughton -Clahne £4 ss. Mr Bay for plaintiff. No appearance of defendant. Judgment for amount and costs 19s. Same v. H, Wirihana— Claim £2 13s. £2 had been paid. Mr Bay for plaintiff. No appearance of defendant. Judgment for amount 13s and costs 19s, E. Sigglekow v. Gilbert Mair — Claim £4 10s. E. Sigglekow said he sued defendant for three days carting with waggon and 5 horses from Bussell's mill to Motuiti. Ordered by Gilbert Mair. There was no price agreed upon. He believed the price was the usual one. The distance was 18 to 20 miles. Had sent the account in. By Mr Mair — Had received 2 or 3 letters from defendant asking for a separate account ; did not send separate account as he worked by the day. By the B.M.— The separate account would be that he had carted some green timber from Foxton to Motuiti ; the first day he carted the old whare and some green timber ; he started the first day from Foxton and went empty to within half a mile this side of Bussell's mill ; He loaded timber and carted it to Motuiti ; there . were three loads of old timber and one of green timber. By Defendant — He had understood that the timber was at Carnarvon the first time and went there by mistake. Gilbert Mair said he was at Motuiti when plaintiff came with a load of wood ; Benata wished to have an old house removed to Motuiti ; Benata said plaintiff had agreed to cart the old house for 455 ; witness asked plaintiff to cart some green timber to the mill ; he carted the timber ; one Sunday he received an account and he had immediately written to know the amount for cart- - ing the timber for the punt. Plaintiff declined to furnish a fresh account having sent a letter (read) which stated that he had made no arrangements with Maori ; witness then sent plaintiff a letter (read) to which he received no reply ; witness had nothing to do with engaging the plaintiff to carry the old timber, it was an engagement between him and Benata. By plaintiff — He did go to plaintiff's house about carting ; he did ask when he was going to cart the old timber, as he wanted his timber carted at the same time; he may have. said the carpenters were waiting to build the house ; he did tell him his name ; he had engaged him only to cart the timber from Foxton ; he looked for plaintiff several times ; did not hear any bargain made betwen Benata and the plaintiff ; had heard plaintiff say he was going to rftrt the house for Rene.t» as he

inished loading the firewoocfr^ engaged plaintiff at the Motoa busflw ihe second time at William's mill y lad paid the carpenters who put up he house for Eenata, on Renata's iccount. By the R.M.— Never engaged the plaintiff to cart the old timber ; plaintiff admitted that he had ar. •angedwith Renata, when he was inloading at Motuiti ; plaintiff meniionedno price; he did not know what he owed plaintiff. Renata Ropiha remembered plainbiff going to his place with a load of wood ; had a conversation with him about carting on old whare ; on 28rd April spoke to him about bringing an old house to his place for 455 ; had employed plaintiff on previous occasions to cart fire-wood and had paid him ; had paid him also for breaking in a horse ; had agreed to further employ him if he would take the building at 45s and he had said " all right, two pounds five shillings " ; he made three trips but left some of the timber behind, and he never went back to bring the balance ; the plaintiff had asked for 80s a load in the first instance ; if the plaintiff had sent in his account he would have paid him the 45s at once ; he had made no demand ; there were other natives present listeuing to our bargain. By plaintiff- On the 21st April plaintiff had said he could not agree to price as he had not seen the timber, and it was agreed to leave the matter till the carpenters had pulled it down ; plaintiff went on 23rd to see the house before he made the bargain ; he did not go inside when he returned ; he was on a black horse ; witness never said that Captain Mair would pay; never asked if plaintiff wanted any money ; there are three houses at the old mill but witness only wanted his carted. By defendant — Was quite sure that the price was agreed upon. By the R.M.— He had not paid the 45s because he had never been asked for it ; defendant had something to do with ordering the cart* ting; the witness asked defendant to get the plaintiff to cart this timber ; this was after the price had been arranged. Margaret remembered the conversation between Renata and plaintiff ; he had agreed for 45s ; he did not bring the whole of the timber. By plaintiff— Renata wa¥Zu£ting close to where witness was cooking ; the bargain was made outside ; plaintiff was sitting alongside of Renata. The R.M., said he found that the Natives were the persons liable for the carting of the old house. He gave judgment for 80s, each party to pay their own costs. E. Osborne v. Hum Ngahu— Claim £1 18s 9d. Mr Ray appeared for plaintiff. Defendant admitted claim, but objected to costs as he had received no demand previous to summons. E. Osborne deposed that he had sent an account addressed to Muhunoa, and one to Ohau. Had never received a returned letter. Judgment for amount claimed and costs 18s. Same v. Kahoriki— Claim 15s 6d. Mr Ray for plaintiff. Defendant admitted the account. Judgment for amount Maimed and costs 7s. CRIMINAL. H. F. Davidson was charged that he did within six months last past neglect to register his child. H. F. Davidson pleaded that it was so, but that when he saw Mr Curtis on purpose of registering the birth, Mr Curtis stated that as the child was born in Palmerston it had to be registered there. He had sent a form up, but his friend had neglected to get it registered. He had afterwards seen Mr Curtis and found that he would have to be summoned to secure a registration of the birth. A fine of Is and costs 7s was inflicted. ' ." .. Mary Waterloo and Leon Waterloo were charged that they did feloniously steal and take away one tweed overcoat, one rug, and a pair : 'of gloves, of the value of £5, the property of Captain Mair. Both accused pleaded not guilty. Captain Mair deposed -I reside at Foxton ; on Saturday last I arrived by steamer from Wellington about 9 o'clock ; employed Spelman to cart luggage from steamer to a house I rented from Jenks, about a quarter of a mile from the wharf; I saw th» luggage placed on the cart ; amongst the luggage I had a large grey rug, overcoat, and two other overcoats! the whole of which were rolled up in an opossum rug, round which was strapped a piece of black American waterprool, and they were tied round with stout twine; I went to the house about three-quarters of an hour afterwards and fottjfo part of the bundle missing ; two" Europeans one named Ingram, and one whose name I don't know, came to me; and asked me if I had lost anything • I then looked and found that the* roll had been tampered with and three articles had been taken from it a large grey overcoat, a grey rug, and a large grey overcoat with a cape attached; it was quite new and a dark brown heather mixture- the rug produced is the one taken • the coat produced is one of the coats taken ; the gloves now in the pocket are mine; they were in the pocket when I Jn*t it ; T had worn the «mt

Oj&the steamer; these articles are about £5 ; I gave no one authority to remove them from the bundle ; Ido not know the accused, I have .never seen either of them before. Michael Spelman deposed - 1 am a tarter residing in Foxton ; on Saturday I was employed by Captain Mair to cart luggage from the whaif to Jenks' house ; it was about half-past 9or 10 o'clock ; I know the two accused ; I saw th mi coming out of the next house to Juiks* ; it is a house about a chain off, occupied by Halcrow ; I saw them first as I was «oing into the yard of Jenks' house ; I got into the' yard and empted the load; I put the things on a table tvhich was outside the back door ; I then came out again on to the road and saw the two accused coming out of a house belonging to Furrie, which is on this side of Jenks' house ; they Went up towards the racecourse ; I delivered all the goods given me to deliver; I noticed a rug, the one produced, it was loose ; there was a large bundle with an oil cover wrapped round ; I did not see what was in it. Cross-examined by Mary Waterloo • .You were coming out of Fume's house when I came out of the gate after delivering the load ; you came out before me ; I saw the two of you first at the bridge coming out; there is a bridge in front of Fume's house. To the Court — They were coining ont of the premises attached to Fume's house ; I did not see them come out of the house itself ; Fume's house is at present unoccupied ; Halcrow's house is occupied ; I saw them coming oni of those premises, not the house itself; there is a bridge before each house to cross the drain by ; I am sure the accused are the people I saw ; 1 did not see what became of they afterwards. [Remainder of evidence will appeal- in our next issue. The Bench decided that the charge had been proved, and sentenced them ro ont month's imprisonment, ivit.li liiir/i lobotir in Wangaimi Oiao!. i