HAWERA.

Patea Mail, Volume IV, Issue 311, 10 April 1878, Page 2

HAWERA.

- (pKOM OUR OWN COItRESPONDENT.! R.M. COURT.— Monday, A run. 8. (Before C. A. Wray, Esq., R.M., and Captain Wilson, Esq., J.P.

Cosstauus Wilson v Wairan, for being dmnk and disorderly in the streets at Manutahi, on the the 30th March last. Fined 20s and costs 9s lOd, or 48 hours imprisonment. blame v Nuku, for assaulting the constable in the execution of his duty. The constable stated that-whilst engaged in arresting the prisoner in the previous ease, Nuku came up, and after a few words, in which he stated that be was a Maori policeman, he closed with the constable, and tried to throw him, in order to try to release the prisoner. They both fell, and whilst on the ground, Nuku seized the constable by the hair, and knocked his head several times on the road, also striking him with his fist in the face. Mr Alexander Schultz corroborated the constable’s statement. Nuku denied the charge, and said be must have been drunk at the time. He behaved in Court, in a very insolent and unconcerned manner, and finally pulled out a lot of notes, and said the Magistrate had better bring him in guilty, and let him pay and have done with it. The Magistrate complied with his request and fined him £lO or one month’s imprisonment. Same y Tutaki, for obstructing the constable in the execution of his duty, on the 80th March last. This case was similar to the last, the constable charging the prisoner with having assisted Nuku, by holding him by the throat whilst on the ground, and assisting the other Maoris in taking away the constable’s hand-cuffs. The constable gave the prisoner a good character,' stating that bis worst failing was a partiality for the fire water. Fined £2 and 6s 6d costs.

Sergeant Cahill v James Gardiner and James Sparks, for fighting in the streets on the 7th April. Gardiner was fined 5s and 6s 6d costs, the case against Sparks-being dismissed. David McMasters v Walter Alzdorf. to recover, the price of a plan sold by defendant and belonging to plaintiff. Mr Roy appeared for plaintiff. Mr McMasters being sworn, said that he had employed the defendant to survey a block of land for him,, known as Tera Wahine, between the months of June and. August, 1876, the total cost of which was £6l, and that he had paid Alzdorf £26, being the price for his work, and that,the plan was handed over to him, but that he had since sold his interest in,the land, to Messrs Aikman and Johnston, to whom Alzdorf bad sold the copy of the plan as usually kept, and which he alleged was his property. —J. S. Greig deposed : I am a commission agent. I applied to Alzdorf for a plan of Tera Wahine, hearing that he had one. I was acting on behalf of Messrs Aikman and John-

stone. I paid two guineas for the plans. Walter Alzdorf stated; I am a licensed surveyor. In 1876 I performed certain work for Mr McMasters and the natives. I delivered a plan, and received payment for it. This finished my agreement. It is the usual rule, as soon as a survey is done, to make out a plan, and as soon as the same is handed over, the contract is finished. A copy of the original is however always kept, and this I look upon as private property. When Mr Greig came and asked me for the copy, I made no objection to giving it, hut handed it over, receiving two guineas in payment. The Magistrates decided that the defendant had a perfect right to dispose of the copy if he thought fit, it being private property, and accordingly gave judgment in his favor, with £1 lOs costs.

Thos. Shalders v Rongo, tor being in unlawful'possession of a horse belonging to the Telegraph Department. Evidence went to prove that it was a case of mistaken identity, the native being under the impression that the horse which he had found, was one belonging to him. He was ordered to return the horse, and the case was then dismissed.