MAGISTRATES' COURT.

Nelson Evening Mail, Volume VII, Issue 200, 22 August 1872, Page 2

MAGISTRATES' COURT.

(Before R. Pollack, and U. C. Daniell. Esqs., J.J.P. Yesterday. W. R. Cator was charged with stealing four bottles of braudy* from the shop of H. Baly # in Hardy -street. Henry Buly stated : On Saturday, the 17th instant, about 12 o'clock, I came into my shop and missed four bottles of brsndy. Elizabeth Bailey said : On Saturday last I heard footsteps in the shop. I came in from a back room, and saw defendant going out of the shop with a basket with botile3 in ik I saw him put another one in his pocket. I asked him if he wanted Mr Baly, and he replied that he had seen him in town. W. V. Salter : I am a bookbinder HviDg near Mr Baly's shop. On Saturday, I saw defendant come out with some bottles in a basket. He went away with them. Peter Levy : I am a constable, and oa Saturday I pot a search warrant and went to defendant's house for some bottles of brandy. He was not in. His wife said her husband had brought home some bottles, which she gave me. Dr Farrelle said : lam a medical practitioner. I have been defendant's physician for twelve months. I believe his mind is weakened very much from softening of the brain. He is also subject to fits.; ■■■.■-. ■ ,' ■ ■ Dr Scaly : I was requested to see defendant the other day, and found him very weak in body and imbecile. . Dr, Williams : I examined defendant yesterday... I think; there is softening, oi the brain." I don't think he knows what hedoes after taking/ drink. Mr Baly, Btatiog*that i he did, not wish to press : the prosecution, the Bench decided to dismiss the case as trivial; under^he 82,nd;iec|i6nof 'thVf* Justices' of. tnePeale ■Ant** 1 ••■"'■'• '"-' ;;i ' ';"■'■ ;■'-"•' '''■'''• ■■■•'*■ ■'■ '* ■•

Green v. Johnson. Claim for £5 193 61. A set off was pjj^in for £8 7s 6d. ; : Mr Acton Adams for plaintiff, and Mr Fell for defendant. Judgment was entered for the plaintiff for £3 5s 6,), and coats £2 4s 6d. Collins v. Bonnington. This wnsan action to recover £6 138 4f7, being two months rent for a Louse in the. Wood. j Mr Acton. Arlams appeared for the plaintiff, and Mr Pitt for the defendant. . Mr. Rout, who, as a^eut for the plaintiff, let the house to the defendant, stated t,hnt tha lease was for threo months, but that if occupation were retained beyond -that time, it was to be determined by a month's notice on either side. The agreement had been made in his office, and he had made a note of it in his memorandum book at the lime in the presence of the defendant. The defendant's statement was that ho had agreed to take the house for three months certain, or four months at the outside, the agreement being made in his own shop, and that he had not seen Mr Rout make any memorandum of it; that at' the expiry of the former term, plaintiff had sent in his account for the three months rent, and that he had gone to him a few days after with the rent for four months, stating that at the end of that time he intended to leave the house. This, plaintiff refused to accept, saying that according to their agreement, rent would be due for the fifth month as well, the fourth having commenced before notice had been given. In giving judgment, the Bench expressed their opinion that, the weight of evidence was in support of the defendant's case, and that the hiring was for a limited period. Judgment was therefore given for the defendant, with costs £1 la.