RESIDENT MAGISTRATES COURT.

Colonist, Volume III, Issue 227, 23 December 1859, Page 2

RESIDENT MAGISTRATES COURT.

* December 17th. [Before J. PoyntetyEsq., Resident Magistrate.] David Mair was charged with being drunk: and disorderly, this being the third time that he has been similarly charged within the past six months, he was sentenced to one weeks' imprisonment, with hard labor. John Nelson was charged with vagrancy, and sentenced to imprisonment for one month.

December 20th.

James Renny and John Carter, diggers, were charged by AViremu Hapi and Hoani Ngapiko, two maories, with having decoyed away their wives, for which damages were claimed. The following evidence will show the particulars of the 'case. .''/-.

W. Jenkins being sworn as interpreter, pro-, ceedfd to swear Wiremu Hapi, who said, I am a/ resident of but have been at thedigr" gingsfor two years; I have been living about six years with Haromi. according to maoii; customs,'1 ;was not-married to her according to English law, the defendant and myself were Hying near each other at Waingaro; I had some suspicions, hay. ing seen my wife gojjto defendant's whare, the de-,-fetidantj.was also often at mine; the .defendant took my wife away yesterday week, the 12th inst., I missed her about 8 o'clock in the morning; I do not know of any.criminal connexion between, them, hut.only supposed so since they went away ;.. we followed litem over the hills.and found defendant and my wife together at the Moutere; -1 tracked them there; my wife never left me before.

Hapi Mana, sworn, I know, the defendant, and j saw him take the woman away on the Monday, and go in the direction of Takaka, it was about 8 o'clock in the morning; I did not see any criminal connexion between them; I followed them till they were overtaken; the defendant and his mate were walking on the road when we came-up to them on Saturday, having gone away on the previous Monday; the. plaintiff and defendant had been living near one another for about three months, they had separate whares. ,By Mr. Kingdon: Wiremu Hapi was about two miles off when his wife left; I was about 100; yards off when they left together ; the husband., had gone to work his claim as usual when it hap-' pened; she was carrying nothing; the woman went into defendant's whare once or twice, before she went away with the defendant; it is not a: good custom if one at all, for women to hesent away ; the women were not with the men when we came up with them, but we knew they were at hand by their tracks and pieces of their garments were found, in proof that they were with them. Mr. Kingdon referred to Forester's case in being liable to make the natives pursue such charges where they were so lucrative, and submitted thatr there >vas no case in this instance. The magistrate said that he could hot agree that there was a very strong case against tlie defendant, or vyorthy of any great damages, he bad no objection to let the defendant and plaintiff speak together. Mr. Jenkins explained that the demands of the plaintiff were exorbitant,: he having spoken of .£SO, but he said the least he could take vVduld be £10. The magistrate then decided the damages' at £5. y

The second case of Hoani Ngapiko v. John Carter, was similar to the firstHoani Ngapiko sworn, I have been vesiding at Waitui; 1 missed my wife Hera on the Tuesday, I saw them going out together, but not knowing where they were going, I did not follow them; I never saw them again until I found the defends ant on the road and my wife in the bush; I \vamarried according to maori law, about five years ago. By Mr, Kingdon: My wife had not been absent before; I did not go to the tent of the defendant on the previous .evening, and make some complaint, about my wife having gone away; I have not quarrelled with my wifelately, but at times there is plenty of lip. ('Laughter.) Phirura sworn, The plaintiff asked me to go in pursuit of the defendant; I took a horse arid found the defendant alone at the Moutere ; I saw a woman run into the flax, she got into the scrub, and after some time I found her, if was the same woman I saw run away, I knew her by her garments.

The defendant stated that ike jriaori had lost his wife on the Sunday evening pw,v|pjisly, and had said so on two or three occasions, he repudiated tl^e charge as unfounded. The verdict in this case was tlie same as in that previously. Costs 15s. in each case. The men having refused to pay the damages awarded, were in default committed to gaol for two months. . Decrmbeu 21st. W. A. Brooks v. R. Scott.—This was a dHspyfe upon a term of engagement, the plaintiff charging for five weeks work at an agreed price, commencing iOctober24th,ahd<ilsoforadayand a halfpreviously to the 24th ; the defendant contended that by au entry in his book he could show that (he plaintiff had agreed to work for him from October 21st to December Ist, but not having the plaintiff's sig^ nature to it, the Court returned a verdict of il 19s. 6d. for the plaintiff and 15s. costs. M. Green v. I. A. Longford. Theplaintiffsought to recover for goods sold, to defendant atnounting.;to £44 d9s. 7d. for which he has received a bill for £59 Bs. lOd. on a Mr. Keatnen, giving his acceptance for £14 9s. 3d. the amount ofdifference, the,bill was dishonored, a%d plaintiff had subsequently only received _£25 from the he therefore brought an action for the £34 Bs. lOd. due to him on the transaction. His Honor's decision on one of the points presented in the case is of some, importance. M. Green sworn: In June, 1858,1 sold goods to defendant to the value of £44195. 7d. They were sold at cash'prices, as that was the' understanding. When I asked for the,"cash,; Langford offered "me" the bill produced amounting to £14 9s. 3d. in excess ofthe goods; and askfcd me for a cheque for the balance; lat first scrupled, hut he offered me a •few shilliiigs as a bonus, he then endorsed the bill to me; when the bill wa3 due, I presented it to Kearnen the acceptor, he did not pay it. I informejl Langford personally' that it was dishonored ; and hesaid he .ww^see that I did not lose'; the money. ,1 have since reaejred £25 'on account from the.dcc^ptor, ~|Ue" hal,siu£s '$, still due to |lU9, '' ■' .i; '. .Cross^xamined hy Mr.Connell: Idi^noiicpow iKear,nen,tl^ acceptor of the hill at the titne,l took [ it, but'knew a brother .of his, I never. went to,, Mr. Keatihen's hoiasc except to receive the j amount. J. A. Langford sworn.: I purchase 1 goods from, plaintiff at three month-'., .credit, .ais j gave him the offer of taking that hill, which had ,f> wrecks to • run, I endorsed the words "no recours^'; jip.Uis presence ; we had no conversation upon it, biit I; believed he knew the meaning of the.words, he saw; tne write them. ■',_.. . . jCross ekam'ined hy Mr_ -Kih^don.: jl^received, an ae c (?%t|nce from the plaiutttf Vforj thj? halance at i yv^i^jvh^^paMYy :y. ' .y"Z" y Y-XY' 'X } '%ftQr&\%Q-fc^ sides, ir . , ; ~r '- '/::'.'"; '. '■'".'"'' y'YY.~Y-[ -X'XY,. HisY Honor -said that altjio ; h£h .tliie des^d,siit had written'**no^ecojargß" oh the ibtfl,. from |fh% f ppe^pce of the cascit was evideut that the wpj^

''Jiad been used without the plaintiff.being awAre of the effect, neither "4iad it been; explained to him at the time, and in cases where the .ignorance of»uch terms was clear; he held that the use ofthe terms .should not shelter from liability,, or there would be no protection against the amount of evil that must ensue. ~„.•„» , ; ' Judgement for plaintiff for £34 Bs. 10d., costs i-4'3s. ' Betts v. Ladley.—To recover £24 6s. Judgement by consent payable in four monthly instalments commencing 12th January. Costs £i lis. Morrison and Sclanders v. Salisbury. Judgement by consent for £57 13s. -Id. and costs £5 ss. to be paid in two and four months. J..Beit v. G- Clark. . . In this case the plaintiff produced several promissory notes for the sum ot £210 12s. lOd. upon which amounts had been paid leaving a balance due of i'B4 7s.'3d. and £5 12s. for costs. Judgement for plaintiff for the'above. .:"". Several other cases were disposed of which we have no room to insert.

RiciiMONn.—On Saturday, last the town of Richmond was---rather astonished by the appear-: ance of the little steamer Emu neartng the landing pl.rce. An-) interview with the Captain showed that lie was ready to meet the requirements of the place, either in running to and from Nelson or. for fileasure excursions, which the inhabitants of that ocality have.hitherto been deprived of. Looking at the distance of eight miles from the Port, the trouble consequent upon a long journey to- Nelson and back, independent of the hip which paused it, has hitherto been a-'matter of such serious pbj.ee-; tion rtliat tlie people of that district'must hait^'ith; satisfaction any mode i>f transit.that comes nearer . tl*ir ,o\yn (loots.; .The novelty of th^ejijoam--stan'ce was well seconded, by the enterprise flfione. iitliaftftatift, • who 'drove, a/ carriage and pair down to the landing place, for tlie purpose of taking up to the hotels any passengers thatia^iived }}£ her Although tlie rapid strides to '"improve-' mfent have, been somewhat checked in Richmond lately, and although it may not show as milch activity as there was three years ago, Still the acquisition of steam to that town might well be hailed as an era in its commercial history. While visitors to the district are impressed with the advantage that so large a stretch of land presents for a flourishing ani extensive town—with timber, firewood^ and produce of every kind at hand—.with good coarinthe hills and good roads—they have the principal elements for development and success, if any_Bpur can be given to render these advantages 'more'■immediately; available. One point is frequently mentioned as having been a drag to advancement—Absenteeism—which has greatly hindered it—causing a flax swamp to remain where streets, shops, and dwellings ought to have lon2 been.— Communicated. ~-■■■ Baptist Sunday School Fete.—-We perceive by advertisement that "on Tuesday next the scholars and teachers of this school, intend holding their anniversary at tlie old hop ground, Maitai valley. The children will"ass'emb!e at half-past ten o'clock at the chapel, and walk in procession to tl)e gvound, the examination of the children willbe followed by a presentation of prizesto the successful scholars. As a means of instruction to the children, a discourse upon printing will also be given. Various amusements will also be made for the refection of tlie children, and tea for those of older growth. Should the weather not interfere, there may be a very happy party expected oii this occa-

sion. Crickkt.—The return match between the Wakefield club and the Nelson Mechanics' club, which it was believed would come off on boxing day, was from the absence of some of the Wakefield players said to have been postponed. We hear, however, tljat-final arrangements have been made for'that day (Monday next), and that the game, will lie played on \i tv Lewt hwaite's paddock:, adjoining theclub ground./in Toi Toi Valley. Mr. Le wtliwaite will cater oinhe ground for the wants of the visitors, and,'provides the dinner that is to take place in the evening, at the' Wakatu Hotel. As it is supposed that this day wil} be observed as a holiday, we have <no doubt there 'will be a full attendance of spectators. • ... -' Excursion.—The pleasure-seekers on Monday next will liave a second opportunity of enjoy ing the cheap exclusion trips of the Tasmanian Maid. On this occasion the Company have advertised to run her to the Rabbit- Island and back for a very low fare. "Site will leave the wharf at half-past nine o'clock in the morning, and will be able to land passengers either at the Island or Waimea West, without having to resort to the frequent disagreeable necessity of using boats. This opportunity for a rt ay's pleasure will doußtless be extensively patronised. '