THE MERCER COURT.

Pukekohe & Waiuku Times, Volume 3, Issue 170, 13 February 1914, Page 3

THE MERCER COURT.

Thursday, February 12th. (Before Mr F. V. Frazer, S.M.) DEBT CASES. Peckinm v. Wade was a claim for £3 7s 6d. Plaintiff said he bad received a post office ordfcr for the amount that morning. An order was given for 16s costs. Roose v, George Walker, £9 12s, was adjourned on the application of the defendant. Valentine and Co. v. George Weekes, claim £1 16s 7d. Judgment for plaintiff by default. Valentine End Co. v. Tom Gsorgp, claim £4 13s, judgment summons. Judgmfnt for plaintiff by default in default five days' impiisonment. SAWDUST AND FISB. The United Timber Co., Ltd., was charged on the information of the Acclimatisation Society that on the 3rd day of February, at Mercer, Waikato, the said company did cause or allow to flow into the Waikato river. btMg a stream in which trout exist, sawdußt from a sawmill occupied and used by the said United Timber Cc., contrary to statute. Adjourned until March 7th. MAORI PENSIONS. Two old Maori women applied for pensions. One, who was comparatively well-preserved, fixed her age at 65, another, obviously advanced in years, pleaded "guilty" to seventy years of age. The first who owned no land, and whose husband was a non-producer of revenue, was granted £26 a year. The second wahine, who bad some landed intetests, was awarded £l9 a year. The latter old lady's expression suggested that she would have preferred not to have the lard since her cash pension revenue was so much less. BROKE HIS ORDER.

John Robinson, a labourer, of Ngaruawahia, had three charges against him, of drunkenness and of a breach of a prohibition crder. Constable Bevans said defendant was a hard-working man. The fine amounted to £2 with 7s costs. WHEN THE BEER WAS BROWN. The police applied for a prohibition order against Archibald Jouglas. Defecdant strongly objected, saying he owed nobody anything, and always looked after himself. He rever drank to exc S3. Constable Bevans said defendant hung about the town tor a fortnight at a time, "half silly" with diink. W. C. Picket', licensee of the Railway hotel, questioned by the Magistrate, raid he had refused defendant drink and he thought he would be better for a check. Solicitor: Didn't defendant come in for work? Witness: He came in for beer.

Hastie Dean, flax-miller at Mercer, said he considered defendant drank to excess. Whenever defer dant was working with witness be stuck to his work well.

The defendant, a carpenter, of Pokeno, deposed that during the last two months he had been building a house in Whangamarino. A week last Tuesday he came tu Merer with some troken ribs—and £4. Had paid board and money he owed and still had 30s left. Had addrd to bis bauk savings during the past six months. Constable Bevans: Didn't the doctor who attended you say you were not to drink? Defendant: He said I was not to take tco much. But he could not have thought 1 was taking too much. He shouted for me himself.

The Magistrate: The doctor says you are not to take too much. I will say you are rot to take any st all. It will do you good. A prohibition or<?er will be issued for twelve months. "I nu r t say it's a bit of spite, that's all," said the defendant as he went out. "That will do," said the constable-in-charge. THE WRONG TON TAKEN. John McKillop, of Maramarua, v. G. Peckham, of Kopuku. The plaintiff said: That on the 9th May, 2913, there was delivered into his possession at Lopl Mine Wharf, near Mercer, 5 tons of basic slag which was stored by him in a shed adjacent to the wharf; at some subsequent date the defendant con* verted one ton of the slag to his own use by selling it to a customer; owing to the want of the slag so converted the plaintiff's crop of young grass sown by him practically failed. He claimed £4 15s for the slag; loss of time travel* ling to the shed to see about the slag, £2; partial loss of nine acres of grass occasioned by the want of slag, £25. From a considerable volume of evidence it appeared that somebody took a ton of plaintiff's slag from the shed; defendant admitted taking a ton, but said it was his own slag that he took. It transpired that a ton of somebody's slag had been unloaded on the river bank, not having been put in the shed. Nobody appeared to know who owned this slag on the bank. Plaintiff claimed that the five tons of slag that was carted into the shed was bis and of that quantity defendant took a ton. The account of the river carrier seemed to show that the ton that was put on the river bank had been carted up by Caesar Rooae at the same time as other goods, such as oata and potatoes, were carried to Peckham.

The Magistrate held that defendant had lost his crop through his own neglect in not securing more basic slag when he found his own slag was gone. His Worship held that the wrong ton waa taken, the ton on the river hank being that which belonged to Peckham. So that plaintiff was entitled to fome damages. Judgment was for plaintiff for £4 15a for the slag, <£l for general damages, and £4 8s costs. DISPUTED FLAX DEAL. John Hill, of Pokcno, farmer, sued John Dean, flaxmiller, of Pokeno, for £165 Us Bd. As the Magistrate was to view the flax the case was adjourned until Monday,