MAGISTRATES' COURT.

Nelson Evening Mail, Volume XIII, Issue 117, 17 May 1878, Page 2

MAGISTRATES' COURT.

(Before 0. Curiis, and H. C. Daniell, Esqs.. J.J.P.) Carmichael Smyth v. W. Adams, Junior. This was an action to recover £4 for damages done to plaintiff's saddle and trowsers by defendant waxing the same. The case will be heard before the Resident Magistrate at Blenheim, but arrangements had been made to take the evidence of Mr A. B. Monro in Nelson. Mr Bunny appeared for the plaintiff and Mr Percy Adams for the defendant. Alexander B. Monro : I was at Langley Dale in the Wairau Valley on the 21st of April. Defendant resides there. Plaintiff rode over on that date. I saw his saddle but did not examine it. It might have had cobbler's wax on when he arriveS for any- | thing I know to the contrary. I saw defen- ; dant put some wax on the seat. It was a piece about the size of a small walnut. He asked me if I did not think it would be a good joke. Plaintiff saddled his horse and rode away. ' Cross-examined : After dinner plaintiff, j defendant, and myself went into the paddock. Plaintiff said he wa3 in a fighting humor, and would like to fight either of u«. He was in a larking mood generally. He saw the wax on the saddle before mounting. He smelt it and said it was cobbler's wax. He said in a laughing manner that it was a beastly shame. I should think he must have known what the consequences of sitting on it would be. He got on his -horse and rode away. He came back next day and said the saddle was damaged to the extent of £2. I examined it and found it was not a bit the worse. He gave us a full account of what had happened to his trousers when he dismounted without'thinking of the wax. He said the seat came out and a piece down both legs. He said he had once given £2 for the trowsers. I told him they were an old wornout pair and that he ought not to say anything about them. I had noticed on the previous day that they had holes in them. Cobbler's wax tends to keep a man in his saddle. After the quantity of home-brewed defendant had taken it was probably a prudent step to take to secure his safety. The act might; be construed into a friendly one. Re examined: Flaiutiff is a Scotch cousin of mine. I don't trouble myself much about him. He had to cron the Wairau river after leaving the house. It was very low; there waa no fear of his being drowned.