RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1241, 29 April 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

At the Eesident Magistrate's Court on Friday, Captain Calder, of the s.s. Qmeo, prosecuted a man by the name of Stanley, who was working his passage over, for stealing cargo. It appeared that during the voyage prisoner was discovered toi be very lavish' with brandy amongst his '* chums," and on search being made to discover wheiice he drew his supplies, it was found that a base of the* liquor in the, hold had been broken open, and half its contents extracted. Prisoner assured his Worship that he bad brougbtihe grog on board with him, a. friend in Melbourne having entrusted him with three bottles as a present for another friend in Dunedin, and given him three more for his own use on the way. The defence might be very plausible, but it "didn't go down" with the Bench, and the culprit was sentenced to'four months' imprisonment, with hard labor, as a warning to him to restrain his appetite for " Hennessy" in future, when he can't indulge it without broaching the cargo of a ship. The following civilcases also came onforhearing: — Powell v. Gibson, £9 4s 6d, livery of an entire horse ; for plaintiff, with costs, 133. Stock and Co. v. Nicholson, £2 11s 6d, goods sold' and. delivered; judgment by default, with costs, 9s. Hatch and Co. v. Reese, £11 12s, goods sold and delivered. Mr Reese denied indebtedness, stating that he had been in the habit of paying cash for such trifles as were generally got from Mr Hatch. He could not, however, swear positively that everything had been paid for as purchased, and plaintiff was positive they had sot. The account produced also showed that several of the items were not " trifles." Moreover, the account was said to have been rendered several times, and had not previously been disputed. Judgment was given for the full amount, with costs, £1 Is. A case of some importance was heard at the Resident Magistrate's Court on Wednesday last, before Messrs J. F. Dundas, W. H. Pearson, and D. M'Arthur, J.P/s. Dr Monckton sued Mr J. Waddel for the recovery of £11 Bs, fees, &c. for professional services rendered to James Spargo, second mate of the barque Sea Wave. Mr Harvey appeared for plaintiff, and Mr Macdonald for defendant. The evidence was very voluminous, but the case may be briefly summarised thus. In February last, Mr Waddel required assistance to lift an -engine from the wharf at CampbeHtown on to a railway truck. He went' to the chief officer of the Sea Wave, then lying there, and made arrangflmenfs to have the help of a number of her crew, amongst whom was the second mate, Spargo. During the operation, Spargo ! met with a severe accident, admittedly owine to his own thoughtlessness, and a telegram was 'sent fo town to Mr Inspector Chapman for " Dr. Monckton, or some other medical man." The telegram was written out by Sergeant Shury, arid, he thought, signed by him, "Barque, Sea Wave," at the wish of the chief officer of that vessel. Another witness, however, swore positively that it was signed by the chief officer himself, thus, " Begs (his name), Sea Wave," but it was paid for by Mr Waddel, as he explained, " because none of the others present had money on them." In compliance with this message, Dr. Monekton . rode off to the Bluff at onca, no train going at the time. He continued attendance on the patient, who was afterwards sent to town, nntil his recovery; On being asked who was fo pay, Spargo- referred the docfor to Mr Waddel, to whom he accordingly sent his account. Mr Waddel, however, refused to acknowledge any liability in the matter, and returned a written reply to that effect. Dr. Monckton then saw the captain of the vessel, who also, in rather emphatic terms, declined to pay a single shilling, saving the man was not engaged at ship's work when the accident occurred. The doctor then instituted _an_action _a.2ainat— Spargo him self »_ which was tried at the Bluff, and given against, plaintiff, on the ground that, under the 234 th clause of the " Merchant . Shipping. Act,", no larger sum than five shillings could be recovered frqm an articled seaman during the term of his engagement. Under the circumstances, the doctor next sued Mr Waddel, on the grounds that he was the person who sent the telegram, and in whose service the man was when he met with the accident. These were the points on which Mr Harvey rested his case, and he further showed that Mr Waddel had made an offer to Spargo to pay half of his expenses — which \. Spargo refused, saying he did not intend paying the other half; also, that on Spargo's being sent to town, Mr Waddel had written up to a partner requesting him to Bee that the patient was properly cared foi. Mr Macdonald held that although Spargo was engaged at defendant's work when he got hurt, he was not acting under his control or service, hut under the orders of the chief officer, and therefore in the same position as if he had been engaged at ship's work ; that Mr Waddel's paying for the telegram was simply an ordinary act of obligation, of benevolence, and that his offer to pay half the expenses waa purely a generous recognition of some little moral responsibility, but mot in any way prejudicing the legal bearing of the case. He held thaj the ship was responsible, and that Dr Monckton alone was to blame if he never got paid, for not having sued the captain of the vessel, having had plenty of time to do so, after he lost the case against Spargo, before the Sea Wave sailed. After considering the case in retirement for about an hour, their Worships gave judgment for the plaintiff bya majority, on the facts as they appeared, thus : — Spargo was actually engaged at defendant's work when he met with his accident. Dr Monckton came to his assistance in answer to a telegram sent ; the telegram would not _ have been sent "unless paid for, and defendant paid for it, thereby putting himself in the position -of the sender. The 'original of 'the telegram, it may be remarked, was not procurable, owing to the fact that they are all forwarded to Wellington monthly. . ..... „..•• •■