DISTRICT COURT.

South Canterbury Times, Issue 2492, 16 March 1881, Page 2

DISTRICT COURT.

TIMARU—THIS DAY. (Before His Honor Judge Ward). LARCENY. James Gaffney was charged with the larceny of two pairs of trousers of the value of 365, the property of Messrs Wood and Smith, drapers and clothiers, of the Main South road. The accused was undefended, and when asked to plead hesitated for some minutes before replying, remarking that he was so stupidly drunk at the time he took the trousers that he did not know what he was about. On being pressed by His Honor to plead one way or the other, the accused said he supposed he was guilty, and that he threw himself on the mercy of the Court.

His Honor, in passing sentence, remarked that there were two previous convictions against the accused, one at Waimate and the other at Temuka. He would now be sentenced to imprisonment with hard labor for twelve calendar months. The jury was then discharged. CIVIL, CASES, White y. Green—Claim £ll7 17 9d for services rendered. Mr White appeared on his own behalf ; Mr Haruersley for the defendant. The counsel informed his Honor that the case had been settled by arbitration, and that the sum agreed upon in satisfaction of the claim was £95 3s Gd, exclusive of costs, &c. McAnulty v. Green —Claim £lO5. Mr Harnersley appeared for the plaintiff, and Mr White for defendant. £26 had been paid into Courf Henry McAnulty deposed that he was: the plaintiff in this action. The docu- : ment produced was the agreement entered into between himself and the defendant for cutting, tying, stocking, and stacking 150 acres of wheat, oats, and barley at 14s per acre. The work was duly performed, but plaintiff hud not received payment for the same or any part.

By Mr White—Entered into no agreement about bearing part of the expense of getting the land measured, and did not think that he should be asked to defray half of the cost. The work had been performed in a workmanlike manner, although defendant had found fault with it. He said the crop had not been cut clean enough or gathered clean enough, and requested witness to rake it. This plaintiff refused to do as it was not in his contract. Some of the crops remained uncut because the wind blew it. The work took three weeks to do, excepting three Sundays and three windy days. Did not gather up the crop witness was shewn lying ungathered ; it was notin the contract. Was offered about £‘ls by Mr Sherratt before taking (he present proceedings. Had had considerable experience in harvesting work, and if four or five men came forward and said the job was one of the worst possible they would be wrong. Had witnesses coming forward to prove the contrary. Jubn Bladder, for the plaintiff, deposed to seeing one of Sherrat’s crops after it was cut by the plaintiff. The crops were short and “ delicate ” and extremely difficult to cut in witness’s opinion. Thought it was done as well as could be expected taking the nature of the crop and the land into consideration. The land was very ttony. George Cliff, farmer, Winchester, deposed that considering the roughness of the ground that the work had been well done.

By Mr White—was cutting with the wind and against it and all round it. For the defence, Mr White stated he should show that the quantity of grain cut had not been equal to that stipulated for, while the the work that was done had been done inefficiently. £26 hud been paid into Court, and this sum represented, in the defendant’s opinion, the value of the work performed. He (Mr White) might further say that the defendant had, with a view to prevent litigation, endeavored to compromise this matter with the plaintiff, who had, however, declined to compromise it. C. A. Sherratt, the defendant, gave evidence as to the unsatisfactory nature of the work done for him by the plaintiff. Defendant estimated his loss arising from the plaintiff’s carelessness at from seven to eight bushels of wheat to the acre, at 2s 6d per acre ; barley, eight to nine bushels to the acre, at Is 9d per acre ; and oats, five to six bushels to the acre, at 8d per acre. The land was situated between the Orari and the Rangitata. John Mundell, Amos Sherratt, and John Pizzey considered, having seen the work, that it had been for the most part badly done, and the consequent loss to the defendant considerable. At this stage the case was adjourned for argument until to morrow. ix bankruptcy. Orders of discharge were granted to Andrew Jansen EJlgren, Thomas Collins, and William Sheean, debtors, on the application of Mr Hamersley.