MAGISTRATES' COURT.

Nelson Evening Mail, Volume VII, Issue 86, 10 April 1872, Page 2

MAGISTRATES' COURT.

Before E. Pollock, B. Walmsley, and A. J. Richmond, Esqs., J.J.P. j This Day. William Fox was charged with drunkenness on the 4th inst. Defendant did not appear, and the service of the summons having been proved, a warrant was issued for his arrest. Ann Fallahee whs charged with assaulting Margaret Fitzsimmons. Case dismissed. _ Morris Levy was charged with assaulting and ben ting Alfred Helps. Mr. Fell appeared for the defendant Alfred Helps, sworn : On Thursday last between twelve and one X was at the Port speaking to Stewart and Barnett on some business, when defendant called me on ono side and said he had an account against me which I had better settle at once. I told him I expected he had been scraping up all my little accounts, when he called me a liar and struck me on the face. I went into the Custom House Hotel and bathed my eye with brandy and water. Levy came in and continued to insult me. Cross-examined : Levy never became responsible to Lukins for a cord of wood on my account. I did not dare Levy to hit me. I told him he dared not do it. Henry Burnett witnessed the assault, and heard complainant and defendant blackguarding eacb other for about five minutes previous to the blow being struck. There being a cross summons against Helps, the Bench decided to hear both cases before giving judgment. Alfred Helps was charged with using insulting and provoking language in the street to Morris Levy. Morris Levy, sworn * 1 met Helps on the Port Road last Thursday, and after chatting with him for a few minute 3, 1 took out of my pocket an account of Lukins* against him for a cord of wood for which I had become responsible some months ago. He then abused me for gathering up accounts against him and shoved his face in mine and said, •- Hit me, hit me," which I did. In the first case Levy was fined 10s and costs; the second case was dismissed. Collins v. W adman. -rGlaim to recover the sum of £5, the amount of wages that would have been due had an agreement for a year's service ending^ 17th April been carried into effect, plaintiff stating that he had been unjustly dismissed. Mr. Fell .appeared for the defendant, who stated that he had not dismissed plaintiff, but that he had left of his own free will. Verdict for defendant, with costs. West and others v. Neale and Haddoto. — Claijn for #1 price of a copy of the " Nel3on Provincial Illustrated Map" and view of defendants' premises. Mr. Pitt appeared for the plsintiffs. W. H. West, sworn: Defendants had ordered a copy of the map which .was to contain a yieyr of their premises. JJ produce an order for ,the map, for which £4 was, to be paid, signed by Neale and Haddow. The price of the map was Jo be a guinea, and £2 19s for advertisement and view of ; premises; Mr. Bain prepared the sketch part bf the map. Haddow brought the map back after judgment had been given in the case against Fleming last week. . 77;. Cross-examined by Mr. 'Haddow : - 1 have a written agreement; with; Carroll relative to our

partnership in the map. I gave Carroll money on several occasions whfn he was in Nelson, in consideration ot which I received maps and other things. The map, I think, is published in accordance with the prospectus John Aiken stated that a number of the maps had been consigned to the house of JN. Edwards & Co. for West, who paid for them on arrival. He should think the map cheap at a guinea. W. Lane : lam in the employ of Mr West. The map was largely ordered in Nelson, and has been taken by all the subscribers with a few exceptions. Cross-examined : When I called for the money a few days after delivery, one of the defendants told me be would pay £*>■ for the map or be summoned for it. T. Bannehr • I am a photographer, and "was employed to take views of certain business premises in Nelson for a map. I was paid by Mr. West. Cross-examined : The view on the map is a little different from the original photograph. This concluded the case for the plaintiffs, J. W. Neale : lam one of the firm of Neale & Haddow. We ordered a map from Carroll who said he was representing an influential firm in Melbourne. I was busy when Lane delivered the map, and did not look at it, but when he came for the money I told him it was a swindle, and that I would pay no more than £2 for it. Cross-examined : The view on the map of our premises is not the same as the photograph. By the Bench : There was no compact between us and tlie publishers that the view should be precisely the same as the photograph, but we object to the map altogether as not being what it was represented it should be. George Fleming : I had also ordered a map from Carroll. It was to be 6 feet x 8 feet. I did not know West was in partnership wirh Carroll until I was summoned, and I doubt it now. I believe the whole thing is a swindle. The map is not of the sire stated in the prospectus. Dune m Chisholm : I was frequently interviewed by Carroll who wanted me to take a map he was going to publish. There is a supposed view of my shop, but it looks as though it was going up hill instead of being on a level. Cross-examined : I don't know anything about perspective, but I know my shop doesn't go up hill. William Haddow : Carroll wanted me to order a map which was to be an illustrated map of the province. I had not seen one of the prospectuses when I ordered the map. Judgment for plaintiffs for amount claimed, and cost, £2 13s.