MAGISTERIAL.

South Canterbury Times, Issue 2515, 12 April 1881, Page 2

MAGISTERIAL.

TIMAED—THIS DAY,

(Before R. Beetham Esq., E.M.)

A VERY IMPROBABLE STORY,

Michael John Kennedy was charged on remand with criminally assaulting his daughter. Mrs Kennedy now informed His Worship that her daughter had had a fit yesterday afternoon, and upon recovering consciousness had declared that she had forgotten all about the assault.

Mr Beetham(to Mrs Kennedy)— “This is not the first time that you have made complaints of this kind against your husband is itp Have yoa ever seen your husband take any liberties with your daughter?” The witness said she never had.

Mr Bectham—Then what did you mean by telling me a week ago in my private room that your husband had done so in your presence p The witness denied that she had told His Worship so. Mr Beetham—Oh yes, you did ; I have a very good memory you know. (Then to the accused). You are discharged. His Worship told the wife of the accused that he was afraid that she was a woman whose word was not to be relied upon. The parties then left the Court. CIVIL GALES.

In the following cases judgment was given for the plaintiff with "costs• Kimber v. G. Thomson —£1 IGs Od. Ford v. J. Eeid—£lo 10s 6d. Hibbard v. J. E. Hawley—£6 16s Bd. Bundesen and Another v. Cook. Judgment summons. Amount ordered to be paid on or before April 19, or in default 7 days imprisonment, Maclean and Stewart v Hurst—Claim £26.

Mr Hammersley for plaintiff ; Mr White for defendant. R. Stewart of the firm of Maclean and Stewart, Auctioneers, Timaru, stated that he saw Mr Hurst in November of last year with reference to some cattle which he put in their hands to sell. The firm sold the cattle (300 head) at £3 10s each to Mr Jas M’Donald. They charged the commission agreed upon, viz., 21 per cent. By Mr White —McDonald saw a a few of the cattle and had the remainder described to him, before witness’s firm wag brought into the transaction at all.

James McDonald, cattle dealer, deposed to seeing Maclean and Stewart about some cattle in November, 1880. Agreed to take 300 head at £3 10s a head. On going to take delivery of the cattle did not consider them up to sample and on that account refused to take them. Afterwards, however, consented to take them at tho price agreed upon. For the defence,

James Hurst deposed to McDonald seeing him when the cattle were about to be sold, and after he refused to take delivery of them as not being up to sample. He said “ These cattle are a great deal better than I thought they were. I think I will take them.” It ended in MacDonald paying certain expenses in connection with the cattle and taking them. Witness did not employ Maclean and Stewart in the transaction.

Council having addressed the Bench at some length, the plaintiff elected to accept a non-suit. Plaintiff nou-suited with costs, £lO Is.