RESIDENT MAGISTRATE'S COURT

Mount Ida Chronicle, Volume IV, Issue 228, 18 July 1873, Page 3

RESIDENT MAGISTRATE'S COURT

Friday, July 4th. (Before H. W. Robinson, Esq., E..M.) James M'Whirter was charged by John Farmer for embezzling a few bags of coals. [Remanded till Friday, the 11th, but admitted to bail, Mm3elf in £SO, and one surety in £2O. Thuesday, July 10th. Hjorring y. Thos. Sincock:—Debt £6 16s. 9d. Summons not served. Newsummons to issue without costs. Hjorring v. W. Nelson.—Debt £2 7s. 6d# Summons not served. New summons to issue without costs. Eccles v. Talbot.—Debt £3 153. No appearance of defendant. Judgment for plaintiff for amount claimed, and 9s. costs. Cooper Bros. v. A. Smith.—Debt £4. Judgment for plaintiff for amount claimed, and 9s. costs. Wilson v. S. Brown.—Claim £2. Summons not served. New summons to issue without costs. Alley v. Aitken.—Claim £2 16s. 3d. Judgment for £2 55., and 9s. costs. Aitken v. Alley.—Debt £3 33. 6d. Hearing adjourned till the 11th. Hjorring v. Murphy.—Debt £lB Ss. 9d. Judgment for amount claimed, to be paid in instalments of ss. per week.

Fbiday, July 11th. (Befora H. W. Robinson, Esq., B. M, and W. Sanders and W. Grumitt, Esqs., J.P.'s.) James M'Whirter (on bail) again came up on remand from the 4tb insfc., to answer, a charge of embezzlement of Bix bags of lignite,and two empty bags, the property of John Farmer, John Creighton, Joseph. Creighton, and John Green, of the value of 40s. Mr Bailey for the accused. The evidence taken was to the effect that on the 28th June last, the accused was in the employ of Messrs Farmer and others, as a bullockjdriver. That on that day he left the K>ebum coal-pit with & certain number 01 bags of coal, and that, on his arrival at the prosecutors' store on the

sludge channel, there were three snort. J The accused stated that he had sold the bags to different persons, whom he na»ed, and said the prosecutors " would have to charge him for them. 5 ' xTo wages were ,dne to the accused at the time, and the accused ceased to work for the prosecutors after this date. The Bench dismissed the charge. Aitken v.. Alloy. Claim £3 3s 6d. Judgment for £2 lis 6d, and costs 9s.

Thtjesday, July 17th. (Before H. W. Eobinaon, Esq., R M.) London v. Morgan.—Claim £5 Bs. 6d. for goods sold and delivered. The delivery of the goods was not disputed, but defendant pleaded first a payment of £1 4s. 61. into Court, and as to - the balance, that he was discharged from payment* under a deed of arrangement made with his creditors under the Bankruptcy- Act. The defendant being unable to produce the deed, or the ' Gazette ' notice, or to swear that the plaintiff was included in his schedule, judgment was given for the plaintiff for £4 45., with costs. M'lleady v. Law.—Claim £2O. Defendant stated that the summons had not been serred in time according to the Eesident Magistrate's Act, 1872, and the case was struck out. Duucan v. Jackson, Claim of .£4, value of a cow killed by the Qver-ri'ding of the defendant. The evidence did not show that the defendant had over-ridden the cow in question, and so caused the death of the cow, and the defendant and his witnesses denied that any hard driving had taken place. The case was therefore dismissed with costs. Mr Ttowlatt for plaintiff, Mr Hertslefc for defendant..