RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume IV, Issue 35, 12 February 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

Yesterday. (Before j. Sharp, Esq., R.M. and Nathaniel Edwards Esq. J.P.) • Margaret Westrupp was charged with being drunk and incapable in the streets^ last night. Defendant admitted having taken a small drop, which made her feel a little uncomfortable. Fined ss. and costs. Evans v. Carey. Air Pitt appeared for plaintiff and Mr Coombes for defendant. Claim for £17 3s. being balance of wages alleged to be due to the plaintiff as mate on board s.s. John Perm. A set-off for £9 the price of a parcel alleged to have been lost, owing to the neglect of the plaintiff was pleaded in the nature of a cross-action . The sum of £13 claimed in lieu of a month's notice was also disputed. Charles Evans sworn : I shipped as mate on board the John Perm at £13 per month on the 14th July. I left her in Nelson on 24th December. Captain Carey gave me written notice to leave at Manukau on 9th December,, [The letter, which found fault with plaintiff for dereliction of duty, was produced.] I claim £l 7 3s. as the amount that would have been due to me on 14th January. I remember a question being raised about the loss of a parcel between Hokitika and the Grey. I heard the purser say the value of ifc was £9. There was no parcel room in the vessel. I put the parcel iv the cabin when I first received it. I never had possession of the log-book. I received a written notice to leave on 9fch December. By the Bench : I had received no in* striictions to put the parcels in anyyparti* cular place. . David Gillon sworn: I am purser on board the John Perm. I remetaber

plaintiff getting a written notice to leave on 9th December. Plaintiff spoke. to me ■about it then, but did not say anything -about his wages. I made up his account to 24th December. He made no claim to be paid to the 14th January on the day -of his leaving. We agreed to the amount of wages due to him on 24th 'December. I told him I could not :pay him in full until Treceived authority to do so from Captain Johnson, owing to the claim "against him for the value of the missing • parcel for which I had to pay £9 to the shipper. The parcel might have been placed in safety if the plaintiff had chosen to do so. I never observed that he was negligent df his duties onboard. Cross-examined: The, place for parcels is below the cabin. I have seen water in that place. We were about two hours from Hokitika to the Grey.* I have only the word of the shipper for the contents of ; the parcel. Michael Carey sworu: I was master of the Johu Perm on the occasion of the Joss of the parcel iv question. There was a • safe, of which the purser kept the key, •where the parcel might have been put. It was the plaintiff s duty to enter up the logbook which has no entry from 14th July to 24th December. The Bench, considering that the plaintiff was entitled to receive his wages up to the '9th January, but that he was responsible for the missing parcel, he having been guilty of negligence, gave judgment for •^the plaintiff for £5 13s. Bd. with costs.