HAWERA.

Patea Mail, Volume III, Issue 209, 11 April 1877, Page 2

HAWERA.

Saturday, April 7. (Before Capt. Wray, R.M., [Major Brown) C.C., and Capt. Wilson, j.R.) Regina v. M. Power—lst charge, drunkenness ; 2nd charge, exposure of person. After hearing the evidence, the Bench inflicted a. line of 10s and costs, for Hie lirst offence, with the alternative of 48 hours imprisonment ; and regarding the second charge, the defendant was cautioned. The Bench informing him that ho was liable to three months’ imprisonment for such conduct, and therefore he had better be more careful in future.

Regina v. ]J. Grey— Fighting with Native—Constable Co I Ivy deposed to arresting - Ctj'ey in 1 1 1 - b.u - oi:: ; 1; c Kinpire Hotel, whilst in the act of lighting with a Native (Ekuii). Gray was sober at the time oil arrest, Pcrgcaut Gain 11 complained of defendant having, at previous limes, caused disturbances with the Natives, by lighting with them. The Heiieh ordered him to find surGies to keep the peace for three months, himself in JJdd, and two snrolies in TIU each. ilegina v. Ekan —Disturbing the Peace • —Constable Coffey deposed to arresting Ekau whilst fighting with Grey, as in previous ease.—Defendant stated that he was throwing dice, “a shilling in,” with some Europeans in the hotel, when a Native woman came to tin.! door and asked him to sec her home, so lie withdrew his shilling, whereupon a row ensued, during which Grey hit him in the face, and they had a scnlilu together, when the Constable came up and arrested him. The Dench inquired of the arresting Constable if he had noticed gambling going on in the said hotel, which was answered to in the negative. The charge was dismissed. ilegina v. Eli—Drank and using abusive language—Constable Crozier deposed to arresting the who, lie found drunk and incapable in the public thoroughfare, and who was using foul and abusive language, and who persisted in doing; the same after being frequently warned by the Constable. The prisoner denied being drunk, or using abusive language. Fined ss, and costs Gs Gd. During the hearing of tins ease, the lion. Mr Fox, M.1i.11. (who had driven up from Carlyle with the ilcsidcnt Magistrate in the morning) entered the Court-house and took a seat near the Bench. Ilegina v. Hurangi Drunkenness Sergeant Cahill deposed to finding the defendant drunk and senseless near the Egmont Hotel, and in such a helpless state that lie had to be carried to the lock-np. This being the third case in which Natives had been brought up for drunkenness during the sitting, tne Ilcsidcnt Magistrate strongly deprecated the actions of those publicans who supplied intoxicating liquors to the Natives to such an extent as to deprive them of their proper senses, and further instructed the Sergeant to take note of such cases and report the same to the Licensing Bench at their usual sittings. The defendant was lined ss, and costs. [Mr Dale, of Patea, at this juncture applied to the Bench for permission for a case in which ho was snbpamaed as t a witness, to be heard before the adjournment of the Court for dinner, as lie had arranged to carry on an auction sale at 2 pan.] His application being granted, the case

T. Quinlivan v, G. lie!liar was proceeded with. This was an action taken to recover possession of a parcel of land situated in Hawera, which he alleged had never belonged to defendant, who was now in occupation. Defendant put in a plea of ownership in fee simple.—Mr 11. E. P. Adams appeared for plaintiff, and stated that as it was a case of “title” the present Court could not decide upon it. The Bench, however, wishing to hear the merits of the case, Mr Adams asked for the defendant to be sworn.—The defendant deposed : The piece of land in question-is numbered Block 13, Section 33, on plan of Hawera. I am the owner ; no transfer lias been made of same, but I have paid £5 for the land, and have tendered the rest of the amount due, I have no receipt for the £5. I bought the land at public auction.—Mr Dale was then called, and

deposed that on the IGib December, 1875, defendant paid £5 to him (as auctioneer) for the section as per contra account with Mr Quinlivan. The payment was accepted by Mr Quinlivan at the time. The terms of sale were stated openly befme the sale commenced.—The plaintiff denied all the statements made by the defendant. The Bench struck tiro case out as one (bat did not come under their jurisdiction, it being clearly one of “ title.” The Court then adjourned for dinner.

At 2.30 p.m. the Court resumed its sitting, the lirst claim for hearing being that of M. Coffey v. Rolfe—Debt claim, £lO. The plaintiff stated that the case had been sub judlcc for over four months, but through various errors in the summonses sent to Hew Plymouth, wdiere the defendant lived, he was unable to bring forward bis claim until now. Judgment for amount and costs.

T. Quinlivan v. P. Fitzpatrick—Claim for £l4 10s, for a horse and saddle stated to bo bought by defendant in January last. Plaintiff deposed ; I sold a horse to defendant on 22nd January lastj fur £l2, and a saddle for £4 10s. I wroth a receipt for the same in the Bgmunt Hotel, and left the same on the table whale I went to the stable. Defendant took it up. I made no objection. • I did not receive the money, but expected the money to be paid when defendant took over the horse. The defendant took away tiio horse and did not pay. I did not see him take the horse. Ho afterwards brought the horse back. Subsequently I missed the horse and saddle. 1 wrote to defendant asking for the money, and stated that if not paid l would commence proceedings against him. Some time afterwards I received a telegram in Wanganui from him, saying, “ Withdraw bail, pay money into bank.” I have not yet received the money.— Questioned by defendant : I did not say that I would receive the money when you came from Taranaki. I did not offer to take the horse and receipt back. I did not put any brand cn the horse. I would have done so if necessary. Ido not remember prefixing a copy of the brand to the receipt next day, before Sir Adamson. I might have done so, but don’t remember. I believe that Mr Furlong paid £l2 into my credit at Bank of New South Wales, Ilawera, but I never received it.—P. Kelly being called, deposed : I brought the horse back from Mr Furlong’s paddock. Fitzpatrick helped me to catch him. I did not see Fitzpatrick take the horse away' the second time. I heard some conversation about the saddle, but did not understand that plaintiff meant to give it to defendant. —The defendant then gave Ins evidence as follows: Ido not admint the claim. I did not want the horse particularly', but as Mr Quinlivan pressed me I bought him for £l2. Wc had drinks round after the transaction was made. I understood plaintiff to say that “I could lake the saddle, even if it cost more than what it did. (Here following a rambling statement about the transaction, &c.) I paid the money to Mr Furlong, who said be would pay' ii into the Bank to plaintiff’s account. Tins was some time before i received the present summons. I paid the money to Furlong because plaintiff was away in Wanganui. 1 considered that the Bank was the safest place to deposit the money'. 1 returned ihc saddle to Mr Furlong.—Mr Furlong deposed : Defendant gave me Ell to pay to plaintiff’s account at Bank, and asked me to add £1 to that amount. 1 did so, and paid £l2 into Bank. I told plaintiff subsequently that 1 bad lodged that amount to his credit there. The saddle still remains in my' store, as plaintiff re used to take it away.—Mr Bate, agent for Bank of Few South Wales, Hu went, deposed: Mr Furlong lodged £l2 to plaintiff's credit. I told plaintiff of same, and gave him credit fur the amount. I refused to cash it. You had unsatisfied claims in the Ban!;. (Plaintiff here was veiy pressing and wanted to know Mr Hate’s reasons for so doing, and also various other matters in connection with the business of the Bank, but the Bench ordered that the questions were irrelevant to the case). —Mr C. Brown deposed ; I was present when the transaction took place. I understood that plaintiff was making a present of the saddle to defendant. I sold the saddle previously to plaintiff, for £4 10s. — Defendant then produced the receipt for the horse and saddle, and handed the same to the Bench. After deliberation, Bench gave judgment for plaintiff for £4 10s (the cost of the saddle), the costs in the case to be divided between the litigants. Eegarding this case we may call attention to the fact that the defendant stood bail for plaintiff while the latter stood committed for trial at the last sessions at Carlyle, the particulars of which were recorded in the local papers at the time. The last case before the Court was T. Quinlivan v. Colson—Claim £lO, for promissory note, not yet satisfied. The amount in question- was given by defendant for a gray' mare owned by' plaintiff. The defendant subsequently broke a certain agreement with plaintiff, whereby' the latter considered that the money was still owing. The promissory' note was said to be amongst certain papers which were left in the hands of the Court at Carlyde after the recent trial above referred to, and the Bench consequently decided that the case be adjourned for a month, for the purpose of instituting enquiries relative to this and certain other matters appertaining to the case. The Codrt then rose.