RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 3, 7 June 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

Satitedat, 4th Jujje, 1864. (Before H. M'Culloch, and W. F. Tarlton, Esqs.) ■ Mary Hortoh was brought up on a charge of drunkenness in Dee-street, on the 3rd instant, and fined-205.-or-48-h.ours imprisonment. Andrew Robertson, charged with a similar r offe.njbei MjTuy -street, on the 3rd ; instant, was fined ss. James Morgan, for a similar ..offence in Tay-street,-was- fined 1 - ss. or 24 hours' imprisonment. Fine paid. „..'."' . ■'■ Tlie* Court then rose. 'Monday.; 6th Jttxe,- 1864. > Four drunkards, named William Smith, John Tanpred, John Mui-ray, aiid Joseph Todil/vrere each f fin'ed ss. •; , „' ■ • % .Cq.^hei^ne. .Stacey; -for. a offonce, was fined 205., or.eeveri days' imprisonment. \' ','" ,!• Elphimjfcone Dudney was -brought up on 'remand, charged with- uttering a valueless cheque for £21,; purporting 'to be sigiied by - Mi*. -Daniels, of Rivcrton. Theophilus • Daniels • Baid j he- was a storekeeper, residing-at-TBivcrton. Know the prisoner.' •> He i had • beon I stopping wiitlii me in , Eiverton. 1 ;,1 on6e£ave linn a cheque; ; f J?lie;only name .I'liftve'knownihim'byiß Walter Diidneysi : Ijiifixer ga\-e him a choqiie for £21. ; Boing fehdwn i chequcjTT-Aaid.fitrvms -not in iiis haiidwritiiig. ■ It • is not like my signature;— l-never saw tho cheque ■until now. •. 1 have! fliad.' some conversation 'with .prisoner. On tho afternoon i of tho 2hd, '■> Mt; ' Lind culled me into-a room of the Provincial

Hotel. Saw prisoner there. I :isked''him what, he had b*seu doing. lUa reply wns : .". p>Tofr much," or something to that offect.. I then asked him what he had been doing'with tho cheque -with Mr. Lind. His answer was : tliat 'it w<t> no business of mine. It Avaa a forgery." I walked immediately away. ■..:,', W. E. D. . Bigsbyieaid ho. was a teller in the Bank of New Zealand, Invercargill. Ho. recei vcrl tho cheque , in qucslion on or about 30th May', frbiri Mr. Lind. Ho paid it into Ids account. T then sent it on to Rivcrton by nextrnornino-'s mail. E. Henry Long, teller -iiY tlio Isank .of- New Zealand, Rivorton, said he. saw the chequo for the first time last Thursday. It came from Invcr^ar«iil• by post., ; The , signatures . .slightly, resembles that of Mi* Thc6])uui;s Diiniels, wholias an af.connt with the bank at Riverton. I did not rash the cheque, having doubts as ; to the genuineness of the* signature ; I returned : it to Inverenrgili . — W. -A. Lind, whose --evidence was previously taken, was now put into' thd, box. f JTis eviclcnce was read over to him. He identified the cheque as tho one presented to' him -by \Me ] prisoner^ and which lie paid infco.his account. with the Batik of Now Zealand. ' . : : : - ; '-PI I?1 ''? was the- case for the prosecution. -■■ Tlie prisoner was (hen fully covmiritteS for trial at the next Criminal- Sittings of the Supreme Court.': ;: ■■ ■ ;•'< i '•.("■•■■'.''- .'■''.'^V.'' :r L • , : - ■ Civile Casks. _B.AT,?ji..y. PETHJ3EICS:— CIaim for-£s3_. 12s- fid. for work and labor done for defendant on his Railway, Go.ntrnot. PlaintifT aobidwlcd^ert hrn-self-'in idefe'ijdfwit's debt to tiioi amount; of ,^247 for goods delivered. Defendant gave evidence to the following- effect:— -Demand for £53 12s. Rd. is correct; in addition to the set "o(F acknowledged by plaintiff to tho amount •of £47, there wore several sums more, amonnt-iiif in all to something over the ;mx>i;nfc claimed. .The Covirt found the defendants' evidence' conclusive, and gave judgment in Ins favor; together Vitli costs. " ■" " DAKKAGit tPahsoxs & ,Axoth"Rß.— This -wrvs ah- action to recover tlio ■ amount-, of £83 3s: Id. : as a set ofT, the sum of £■{• As Avas.paid into court and as to the balance a plea of "not indebted " was put in defence. The plain ti(T g:ryc cvidenoo as to the nature of ■ the agreement between the parties. The work niOTformcd was the hnulin? of (imbcr foi; the Wnikivi and tho ' W-.uhoT>ni bridges, &?.., at the ralo of 3s. per 100 feet- for pawn timber, and 4s. per 100 feet for hewn timber. Dnrinjx tho "cvulenro a considerable amount, of forensic ,spare'.in<» took iila^e ; between the'-lerral gentloin'on "enr;an;od on both sides, 'w-hu'h had the efFocfc of proloiicjinT tho cn.s" to an unnecessary length. Tlio pnvtii-uluvs of the whole case, however, were devoid ,of intfrost. Dofendant stated' tlint : the contract had not boon fulfilled, the whole quantity of timber. -alleged to have been carted to the' various places agreed upon, not having been ' delivered; There were several large lo^s of. timber not yet drawn out of the bush. AV to the" measurement of tlie' timber charged for, he was not. Y>rpT)si-rorl to rTi«"outo it. He had never done so. Mr. Sngden, Mr. Parson's pai'tner, was tlieu examined as to the. pr ice of carting tho timber aafi'eed upon bftween tlio parties. lie said the price was to be 3s. 1 per 100 feet for all the timber, but acknowledged -inaldu<t out. an accoxmt for 45., but stated that, ho had done so at tho request of plaintiff, and that he liad not dcmurrcrl to naying -Is. when tho contract Avas finished. Mr. Woston,. : for dofendants, and Mr. South, for plaintiff, havinsr briefly acldrpssed Ilio Court, the IJoncb, after a ?hr>rt consultation, gave judgment for plaintiff for £77 3s. Id., exclusive of costs. Parsons axd Axothktz v. I) tun a an. — Tho parties in t]iia case wore rovorsccl, but in con- k sequence of informality in the bviiuxins; on of thy. ' case it was adjourned until tho 9th in^i'ant. TfxTjY y. JT \^rtTjfox. — This wnVii'n action for freight of goods brought by a li.<rhtoi'. and daninsr^s for detention. The sum sued for was .-£l s. The plaintiff stated tint- the clinrco was for conveying water to the Balmoral, and tho charge for demurrage was in consequence of tire vessel not boinsj able to take ou board all the water at onoo. After further evidence' being al rl ii^-l, all cln : m for ihok than detention, for Avhi'li £ I was <*li:wgo:l, wn^ departed from. Mr. Tullv being cross-evn-inined, said ho was not present when tho acnvomevit. was made for Mip .CO for t-ho freight of tlio water. Edward Momn deposed to. Tniikinrr sfi 1 a^reemont for £9 for ono trip of tho lighter with water. The lighter could not ffe-t discharged when 'she- canne alongside tlio vessel, and was detained infill (>-*p days. The fair charge fora lijl-ter's detontioji would bo £ k W. Corbctt, another lighterman, was briefly cxaininorl, -after* /which Mr. Button opened tho cn-se for the dcfenlnnt, and said that it wns not adduced in evidence -that notice had been given to charge for detention, and thjs.wa%a necessary step that should have been til-en. THoi'contract was for the wntoring of tho lMVn oral' for the sum of £9, which claim had been, departed. -.from, lie was of opinion that it was"a ease got up after some misunderstanding had arisen between the parties. He then callod«Mr. 'Hamilton, 'tlio defendant, who r stated that .tlie lighter was to proceed to New River and load water, thereafter to pickup the Balmoral on her way to sea, or when ready for sea. Tlio agreement price ;w-as £9,-. -and this was to cover all expenses; Cross-examined— -It- w,as not contemplated that there would be more than, two or three days fletenfion." Captain Morris Levy, an owner of lii;hlev3, stated the -Usual chavsjo for watering vessels is ss. per ton. . In a case like tho . present, it would be according *to tho quantity required for the job. £9 would be a. Go-xl pripefftn* it. even supposingthe vessel w^da.tiunecliqrtlixc'idavs, . After some further evidence of ah linimportr.nt character tlio Court gave judgment "iti 1 plaintiff's favor for £9, being the agreement! ]ji"ice .for^watering the Balmoral, (and which had, been during the hearing allowed by the defendant^', niid-^3 for one clay's detention of lighter— in all £12. ' ; The Court then rose at four o'clock. . -; < ■: