RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 37, 16 February 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

PALMERSTON NORTH.

TmresDAY,^BffitußY 14th, 1878.

(Befareß. Ward, Esq., R.M., and J. T^ Daxbymflb, Esq., J.P..) i ASSAULT* j E. ; Barrie v. Thomas Bug«j; Mr McLean appeared for the plaintiff . ■■■'■■ .. .; 7 .', ■■./'" "" ■ i In this case the defendant was charged with assaulting the plaintiff on Monday* the 11th inst., while he was employed, plumbing on the roof of the verandah of Mr Waldegrave's new butcher's shop. E. Barrie, being sworn, deposed: I am a plumber, and reside at ; Palmerston. t remember Monday, the 11th inst. On that day I was; at work on the roof of the verandah of Mr Waldeerave's new butcher's stop. The height is about 14 feet from the ground. The assault took place about 5 o'clock m the afternoon. - 1 was kneeling at the time,' nailing on some zinc. I heard someone ascending the ladder, but took no notice until I received a severe blow on the right side*- of ; my. face. ; ; I was completely stunned oy the blow; my teeth were loosened and my cheek cut, and face, considerably swelled. I am also injured m the ribs. I have since been examined by Dr.Skerman. When I recovered my senses a little I saw two carpenters holding the defendant. As soon as I was able I got up and made for the ladder, and went away. I had a difficulty m finding the ladder, as I felt quite stupid. lam not a fighting man by profession ; the defendant boasts of being a fighting man. 1 am not aware of haying, given him any [ offence. On Saturday night I was with i soma others m Gilbert's tap^room. De- ■ fendant was there, and accused me of j winking at him. He remarked that he j would knock the teeth but of anyone so doing. I went out of the house and returned, again for a bottle of beer for dinner on Sunday. Defendant met meat the door of the hotel, and, without any warnipg*; struck me twice. In selfdefence I struck hinron the head with the bottle. His brother was with him. Pepper is a brother-in-law of his, but was not present. It was near 22 o'clock when ho assaulted me. I saw Kirn several times ion Monday, but did not speak to himv We had always been good friends previously. I have in^ icurred expense with the doctor who examined me after the assaulf. I think defendant may attack me, again; ; he always does so, without giving any warning. I am m fear of -ma doing so. By defendant : I struck you wuh a? bottle on 1 Saturday nighh I did not say " Come on» lam ready for you/ v

George Coe, being, sworn, said : I am a carpenter, residing m Palmorston. On Monday, the 11th inst., I heard a rowon the top of the verandah, and on looking up saw plaintiff and defendant engaged. I saw plaintiff lying down.. I did ribt sec any blows struck. Plaintiff got up soon after and went away. Ha did not seem incapable, but looked as if he had been struct by someone. Several more men came up to see what was: going on. I did not see him kicked. By the Bench : I heard a man calling out—" Help ! he will kill me !" I was; at work about 30 feet from where theassaultvwas being carried on. I did not hear any angry words previously .. I did not see the defendant going up. the ladder. Defendant said: "When I went up the ladder I asked plaintiff why he struck me with the bottle on Saturday night. I laid hold of him and. did strike him,, and he shuck me as much as he could. By the Bench: t had not seen plaintiff since Saturday night. In reply to a question from the Bench* the Constable stated he knew the defendant, and that he was a quiet, sijeadyman, and bore a very good character m the place; he could say the same for the plaintiff. Defendant said he did noli wish to. call any witnesses. After Counsel had addressed thi^l Bench, his Worship pointed out that the defendant was not justified ia making such an attack, especially afterthe lapse of time between Saturdaynight and Monday evening.. He should have taken legal means to punish plaintiff, instead of taking the law m his: own hands/ Fined £2 for assault ; costs of Court,. 11s 6d, and witnesses* expenses, 12s. Ah Sam v.. Ah Sa. ■ Mr warburton appeared for theplaintiff. . ; A . countryman . acted as interpreter,, but it was soon apparent that his knowledge of the English was: rather too limited to he of much service. ' ._._■_ ,- -.' -..'.-.;:■,■ - : ■ His Worship enquired as to what religion Ah Sam beionfed P He replied that he was a Christian,, but had not been baptized, although, his "missus" (a white woman) had. often told him to see and get it d'6desoon. „.-..-. The defendant pleaded -not guilty. The plaintiff struck a match and blew it out; that procedure being the usual way of taking.an oath among his countrymen. He stated that the defendant had assaulted him m the houseof one of his countrymen residing m Palmerston, It appeared that the cause of the rash act was some misunderstanding between them as partners. Witnesses were called for and against,, their evidence creating much amusement to those listening to the proceedings'. • ' ■" 7 " ■-■ ' ■-■■■' ■■" ■■" After carefully weighing the ei T i» denoe, the Blench disxnisseii the case. ' IWBBI 'OASES. P. London v. Wi Weaversvl This was. a'claim.ior J897 16s lOd,. being amount of a dishonoured promissory note. / Judgement was given for amount and] ; costs. ■ 7 ;■/../. : ; '/!'-!•. .\,'. : \: : . J-;.-Gilbert w Owen* .7 Claim, £19> 6s 6d for goods supplied^ Mr Maclean for defendant. A set off amounting to. £19 7s 6xi, wag: put mby defendant. ■ r ' : .-■ This was objected to by plaintiff oik the ground that due notice of the claitm had not been givenv and that a number* of the items -had never been: eitherordered or received by him. .Counsel wished the- caseto> proeeeal I as the set off had been handed m yesi terday to plaintiff. | The Bench decided to> proceed witbt ithecase. : >:.-...:■.■ /.■■■yt--i i Owen v. Gilbert £set off}J. N. Owen^ swdrn^. stated : lam theproprietor of the- darendon Hotel, andl 'the defendant in the ca^ newr before th»* bench. My claim, is £19-78. We havei had dealings v for upwards of tw.o years. The- goods passing, between, us^. having; been, delivered m most instances to ser- ' Vanti. I asfced Mr Gilbert a Few days: ago to. settle up. He promised to do> so, but never came near me. £ refused to supply any more- goocb. About 8t days ago. I refused to. send; him onecase brandy.. ' ' ' ••■ Mr Gilbert disputed 1 tle-siifppljr of six bottles of gin m December 1876 ; 2". gallons of Brandy m January ; 3t bottles: of gin m July j Ihhd. ate m Nowember^ and four hottfes of. gjtn m December of last year. . , „.-- .. Mr Owen produced an old Bank book X "whidh contained! entries of some of the: disputed items. : ; Mr Gilbert asked him the date of the* book, and if the entries \rere made at thetime the goods were supplied. Mr Qwea stated that the entries were madfe about, the date of supplyK,bat?the book had, been» lost for a time, which accounted for tliearticles not having been entered m theday book. George Milne had been mv the habit of keeping ' the books aboufc that date, but hadr-not posted, all theitems into the'ledger. ; • Mr Gilbert objected to several dates: m the account, and asked if he had>. not once taken a hogshead of %eer^ from, the goods shed by mistake^ the saai3 : being the property- of Mr Gilbert. Mr Owen repliedthat hehad never received a hogshead of beer m theway described, nor had. he sent George Milne across to : make anjr arrangement' ! about it. •".»", \~ Mr Gilbert enq[Uired if Mr.OwenUad entered goods on the date they, were sold. . Mr Owen said he could no* explain^ but he was sure he never received but one hogshead; of. beer from Mr Gilbert* [ and no one else could have^ received- it; for him without his knowledge. Andrew McDowell j a, drayman; being sworn, deposed : IrememoerJNovemSer-. of 18T6. : About thjat date, I went to^the goois shei for some beeri jforiMr Gilbert. I was. told by the storeman thatone hogshead: had been delivered by?" mistake to Owen. I- went back ana told Gilbert tlmit Owen had received thebeer. He said, "I must have it back."" I went back to the goods shed and got r a ; hogshead of Owen's beer, and delivered it to Gilbert. I^am quite sur©^ this happened m November 1876. : the Bench; sj may beer to iSilber* last, November. I reineniber tha. hogsheai that I took to> Owe^s wasXiunedin beeri and I took

one of Owen's to Gilbert m jilace of.it. I can't say whether it was Mace. and. ArkeU's beer or not. I told Owen that 1 had taken one of his hogsheads to Gilbert. George Milne, being sworn, deposed : I am a barman, and am m the employ of Mr Gilbert at the present time. I was formerly employed by Mr Owen m the same capacity. I kept his books. I recognise those before the Court as the books I kept. I left Owen's m ' November last. I went to hi m m December 1875, and I left m November 1877. I did not book everything sold, but the most of them.. I kept a slate, day book, and ledger.' 1 I remember that a hogshead of Gilbert's beer was taken to Owen's and there sold. It was put into the cellar and was drawn off. By! Mr Gilbert:" l remember Mr Sibbald visiting Owen's and making some remarks about the empty hogshead 'which was lying iv the yard with Mr Gilbert's mark upon it. I don't remember offering you any money as the difference between the value of the Dunedin and. Wellington beer. I knew that the hogshead had been brought by mistake from the goods shed, and that another had been returned l v y Mr Owen m place of it. The one borrowed was XXXX; the one returned was X X X. While I was with Mr Owen he had Only, the one cask ; he has had on? since, about last Christmas, which he has refused to return. By Counsel : I did not copy any items into a small ledger of Mr Owen's.' I bare not 1 informed Mir Gilbert of any particulars; m connection with this case. I first went to the Clarendon as. stable- ''. man, while Mrs Atkinson had the house. Afterwards I leased the stables from Mr Owen. I went into the bar m December 1876, and hired a man for the stable^ I <Wt think Mr Gilbert owes Mr Owen any beer^but I think Owen owes Gilbert for one hogshead. Mr Gilbert asked me this morning if I thought OwenV bill was eorreet. I said I did not think it was. ; B. Neweome, being sworn, deposed : I am storeman m the goods shod. I have been employed there upwards of two years. I recollect, about 1& months ago, McDowell came to the shed and claimed a hogshead of Owen*& beer, for one of Gilhert's which he had: taken to Owen by mistake or vice versa ; I coald not swear which, but I believe it to be as I said at first. I would not deliver any thing without an order, unless I was v sure the pirson coming for it was entitled to receive it. I remember the : hogshead was m exchange, because the maniold me so when he came for it. I remember Mr Owen's barman making' some remarks about the em r at the. ttineV 4 : cannot ' say whether the beer .was delivered to Owen' or not. I did not see it after it left the shed. I knew there was an^error^§omewhe c m connection with one hogshead. . Mr Cottam, being. sworn, deposed: I am stationmaster at Palmerston, , I.remember a mistake occurring m connection with a hogshead of beer. It was one of Gilbert's that was : sent to Owen's. "I do'not remeniber a cask of Owen's having 'been delivered -to Gilbert. ; I "don't always deliver the goods, and arty quantity might be delivered without my knowledge Huring my absence at. the statk>m ' I don*t know whether the .error was ever rectified -between Owen '*nd . rGjlhert f f I cannot say anything posifeif« Ifeut the Wer. - j. E. r Gilbert, being sworn, deposed : v • I deny ever having received the articles I object to. -The beer taken by Owen was XXXX ; that returned was XXX. Milne told me at the time thatrOweri had some beer m the goods shed. I got an order from Owen for one hogshead, and sent to the shed for it. Milne foffered me £las the difference m value. I would not take the money from him. " I have not made any claim for this beer m my account. I only object to the articles meTer receired. By, Counsel ; I never authorised anyone to get them. Xdont always send a „ ©rdter.. ; I always keep the; keys of my storeroom or hand them orer to .. some. responsible person. I was'in Palmerßton;on the 4th of last December. -J returned from Wellington on the Ist. I solda hogshead of beer to Owen hist December. Fie has not yet paid for ; it. That cask had nothing to do with the one he took m error. Mr Gilbert urged that Mr Owen's books, which had been put m as evidence, "should shew all the transactions between them, hut they only shewed the items' which he admitted as being eorrect,.and failed to shew those he objected to. Jle said it appeared to him that several items were inventions; put m to ; inake up the amount. He contended that the books were not reliable proof of the, debt, and submitted that his case, was clearly proved, and hoped the Bench would take the same view of \theicase. - : - ■■'.;- \ r , *•■ ■'■' ■'■; : '-" i :'.'/.. ' ■■ ■ . . Counsel : said tl*»tthje fact of the books having been kept irregularly was a mkff orturie to his client; and no proof, that the items objected to had not 'been supplied, and that there was nothing to prore, that Owen had ever received the hogshead of beer. The Bench gave judgement for amount claimed £19 6s 6d and costs, less £6 19s 6d, amount of set off -allowed^ -