RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1250, 18 January 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

This Day. ["Before M. Parcs, Esq., R.M.] Indecent Assault. Frank McDonald was brought up on remand on a charge of the above nature. Sergeant Bullen stated that the Warrant for the arrest of the prisoner had not yet arrived so that he would ask for a remand until Saturday. His Worship granted the remand as requested. CIVIL CASES. Robert Knox v. J. W. Svsdebland. Claim £29, Us, for cartage. Mr Brassey appeared for the plaintiff, and Mr Nolan for the defendant. Mr Nolan stated that the sum of £2 5s was admitted, but as there was a material witness.on board the Southern Cross, he would ask for an adjournment, in order that the witness in question could be brought before the Court. The fact was that the defendant was the agent of another man, viz., McKay, the witness in question, and the only amount the defendant was now liable for was the amount he had admitted. So that as they had disclosed the principal at the time of the engagement for the carting, the defendant was not liable. Mr Brassey opposed any adjournment. His Worship said that he thought that, under the circumstances, it would be best to go on with the Case. Mr Brassey then called Robert Knox, the plaintiff, who stated that the defendant had employed him to do all the carting in connection with certain timber. Defendant subsequently told him that McKay had taken over the place. He (witness) never saw McKay about it. At the first defendant never said he was acting for McKay, or that he was acting as his agent. He was not aware that McKay had bought the place. Mr Nolan then called J. W. Sutherland, who stated : That he resided in Napier. He arranged with plaintiff about the cartage of timber from Hurry's timber yard to take to the contract for the house in question. He told plaintiff he was acting as agent for McKay. Cross-examined by Mr Brassey : I told plaintiff at first that I was acting as McKay’s agent, and I told him so subsequently when I told him to go for Morgan’s timber. Judgment was given for £2 ss, with costs of Court £1 10s, professional fee £2 2s. Mr Brassey said that under the circumstances he would apply for a speedy summons against McKay, who was supposed to be in bed on board the Southern Cross. His Worship granted the request. The Court then adjourned.