S.M. Court.

Manawatu Herald, Volume XXVIII, Issue 3600, 21 November 1905, Page 2

S.M. Court.

(Before A. D. Thomson, S.M.) .

Monday, November 20th.

CIVIL. Georg* Mariner jv. F. V*rtjs*n.--Claim £i 15*- Judgment b y default and cost* 5», solicitor's fee S®* A. R. Osboha* (Mr Moore) v. Geo. Harper.—Claim J5 S * Jndgmeat by : default .and costs . . e A. R. Osborne (Mf Moore) v, S. Cook.—Claim £6 12s &3* Judgment summons. Ordered to p?y forthwith, in default seveif days-im-prisonment. . ... Ah Pat (Mr Moore) v. A Listed* Claim £1 Bs. Judgment summed* Ordered to pay forthwith, in default three days’ imprisonment. ■ t Johnston v. Backmaa.—"Claim fiS ss, balance due for board and lodging, from 12th December to aßth February last. Defendant admitted amount due to 31st January, but denied liability as he left Foxton and was away all Feb* ' Mr Moore for plaintiff and Mr Read# - defendant. Aftdt* n' ,arin S evidence the P«M. held that defeulM was away weeks in February, but bad boarded from xst to i2th December aejid*, milted. Judgment was given Jot three weeks more, the full amount being <s, with costs of Court 19s, witness ,ss, , solicitor’s fee £x 6s, less £l 7» 6d P* ld *°R. Barber V. F. S. Easton.—Claim £$ las tod, repairs to a dray. Mr Moore tor plaintiff and Mr Reade for defendant, who had m settlement of claim. , j,, The work and labour done was not denied, but the defence set up was that the dray being an old one aSO very much worn, was brought to the plaintiffs place for the purpose' ’*» getting some repairs, not to exceed . £z, as (an experiment whether it would be cheaper to utilise it in carting ■ refuse from the defendant's mill than • by tram. The plaintiff had exceeded the arrangement by putting in a lot of extra work which in no way benefited the defendant. H. Richmond, plaiUr , tiffs wheelwright, gave evidence a* to the work done as required by tk® defendant, but denied the agreement as to the £2. The defendant and Austin both testified as to the agree* ment, and that as the dray stood Jt was only a waste of money in tinkiigiog up an old dray. Messrs Lowe ana. Harvie, two experts in dray building from Palmerston North, testified as to the condition of the dray and Mi would have been sufficient to put it into a condition sufficient,, for experi* menting with it. The S.M., after re* viewing the evidence, gave judgment for the amount paid int* Court with 25s to the witnesses from Palmerston, No other costs were allowed to either - side. POLICE CASES. Police v. H. Bradcock. Information for being a prohibited person, watf t found on the evening of the 38th Oct. with having liquor in bis possession. There was another charge of keeping his billiard premises open after hours. Both cases were heard together, Mr ( Reade for defendant. Constable Laa* der deposed be and Constable Whitehouse about n.io p.m. found the door. facing the street open, came in through another door and saw Bradcock pouring something like beer into a cup. When he saw witness he attempted to open the back door and throw the contents out, but being prevented threw it into the fire place, breaking i the cup. There were three other persons present. Took the bottle away, and there was a small quantity of beer or shandy-gaff in it. Constable Whitehouse corroborated his colleague's evidence, who were both cross examined at length, but .adhered to their statement, « For the defence both the defendant and John Winter, one of those present, denied ever having any liquor or knowing anything abont how the bottle got there. The cup was thick with plaster of Paris and no, on* could drink anything out of it. Ae regards ‘ the door being open, evidence was given to show that they ceasedplaying a little before n, the lights were tonsil down, the cover put on the table, and the front door closed. Tha catch being somewhat defective, the wind must have blown it open. His Worship dismissed the charge of the promises being open, but there Wat beer found on the premises and conviction must be recorded. Defendant was fined 10s, costs 7s. In regard t# the three persons found on the premises he would make the fine 5s each as a warning to others, without costs. For being on licensed premises after hoars, three local residents were fined 5s each, ancT 78 costs. ' ■ For drunkenness, a fint offc&Mr was fined ss, without costs, "■