MAGISTRATE'S COUUT.

Nelson Evening Mail, Volume V, Issue 222, 20 September 1870, Page 2

MAGISTRATE'S COUUT.

(Before J. Sharp, Esq., R.M., and a Bench of Magistrates ) This Day. licensing meeting. The following transfers were allowed :- Coach and Horses, from W. Lane to H. D. Lloyd ; Bush Tavern, H. T. Hall to Peter Martin ; Royal Hotel, from A. M'Artuey to David Whiting ; Rising Sun, from T. Martin to H. T. Hall ; Miner's Arms, from H. Corrigan to J. H. Tregea. An application from Daniel Talbot, of Motueka, requesting to have his bottle license chauged to an ordinary publichouse license, was refused, on the ground that there was not sufficient population there to justify the erection of another public house. Gourlay v. Webb. This was an action to recover the sum of £5 10. the value of articles lost from the Oddfellows Hall. The following is the account on which the summons was issued ; — Mr J. Webb to W. Gourlay. £ s. d. To the value of one wig 2 0 0 „ „ one set of whiskers ... 10 0 „ „ one doable-barrel pislol .. 110 0 „ „ one black cloth waistcoat 10 0 „ „ one ruby stud ... - ...10 0 5 0 0 Mr. Kingdon appeared for the plaintiff, and Mr. Pitt for the defendant. W. Gourlay stated that he had agreed to take tho Hall for Monday, Wednesday, and Friday nights, for which he paid £6. He never heard of the Artizans' entertainment until after his first performance on the Monday. He remonstrated with Mr. Webb about it the next day, who looked ashamed of himself, and promised to tell the Hall keeper to prevent the stage being interfered with. In the morning after the Artizaus' rehearsal the things sued for were missing. \ Cross-examined : — There were many changes of dress in his performance, and the things were not put away immediately. One ofthe characters who was represented, Mrs Patterson, was fond of a "nip of whiskey," and had peculiar views as to the rights of property. Webb had distinctly pledged himself that the stage should not be used while he (Gourlay) was in possession ofthe Hall. Webb might wear a wig aud false whiskers for anything he knew to the contrary. Gourlay was in possession of the stage when the Artizan's arrived on Tuesday. They rushed the stage in spite of his remonstrances, and threatened to pitch him off. He heard Webb tell Gourlay on the morning of Tuesday, that the stage should not be interfered with. On the following morning the articles sued for were missing. This closed the case for the plaintiff. Mr. Pitt addressed the Bench for the defendant, and ridiculed the idea of Mr. Webb beiDg taxed with takiug the things, but was stopped by the Bench, who were of opinion that no atempt had been made by the other side to accuse Mr. Webb of giving to those (h)airy nothings a local habitation. Joseph Webb denied most positively that he had ever told Gourlay that the artizans should not make use of the stage. On the last occasion of the Gourlays being here, a similar charge had been made against the halikeeper. Wm. Garrard : Was one of the artizans, aud was at the rehearsal when young Gourlay was there in charge of the stage. He wasasked to allowthe artizans to go up, and was told that he would be inconvenienced as little as possible. He refused, when a message was sent to Mr. Webb, who wrote a letter authorising the artizaus to use the stage. Gourlay refused to acknowledge it, and said the letter was a forgery. A policeman was then sent for and he was compelled to go. After a short consultation the Bench gave judgment for the defendant, with costs £3.