RESIDENT MAGISTRATE’S COURT.

Poverty Bay Standard, Volume III, Issue 423, 28 October 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Gisbobne, Wednesday, October 25, 1876. (Before W. K. Nesbitt, Esq., R.M.) R. Kelly v. A. Reeves. — Claim £5O, damages sustained through non-delivery of 25 head of cattle. Mr Rogan for plaintiff ; Mr Whitaker for defendant. From the evidence it appeared that Mr Kelly bought, or agreed to buy, 25 head of cattle from Mr Beeves in August last, but made no tender., Mr Whitaker contended that as no tender had been made, no action could be taken. Mr Rogan said it was not necessary under the circumstances, a view in which the Court agreed. Plaintiff’s evidence was corroborated by Major Westrup who stated that Mr Reeves understood he was to take his (witnesso’s) bill for the cattle. For the defence Andrew Reeves said his agreement with defendant was for cash, and only objected to taking a bill the night before delivery. He was quite prepared to deliver the cattle now for cash. In cross-examination plaintiff said he did not absolutely refuse to accept a bill as payment. Counsel addressed the Court, and judgment was recorded for plaintiff £l5 and costs £7 14s. Regina v. Bolton.—This was a charge against defendant as a member of the Armed Constabulary Force stationed at Ormond, for endeavoring to obtain money under false pretences. Messrs Rogan and Whitaker defended the accused. It appeared that Bolton was despatched on duty from Awanui to Tologa Bay, with instructions to furnish a bill for his expenses. He made fictitious claims by obtaining receipts for money he never paid, and for services which were not performed. He stated he acted according to instructions, but Sergeant Armstrong, his immediate superior, said prisoner must have mistaken his directions.

The Court, however, considered the case proved, and sentenced the prisoner to three months’ imprisonment, with hard labor, in Gisborne gaol.