S.M. COURT.

Taranaki Daily News, Volume XXIII, Issue 128, 25 June 1901, Page 2

S.M. COURT.

Monday, June 24.—B'foro Mr. R. L. Stanford, S.M. JUDGMENT FOB PLAINTIFFS, Standith and K>rr v, Esau and Sii-'l) Ma sh. Defendant had paid £7 on awomt. B.inco of claim, .£lB 19s 2I; cos -, £2 15s, Mr. Kerr for (j'alntiii'. tVrcy LeiUnd v. Hannah iJeffii s; claim, £i 2s 91 costs, sh. j Air. Wilson for pliintiu', P. Jon c Tannery C.impany v. He <ry Thomas: 1 laira. £l3 Is 7d; co.ts, XI Oi 6d ; '(4. M. v. J imes Ingley ; rlaim, £1 7k 6d ; cists, 18s. Mis. C. Robe-its v.Mrs. A, Gluisor.; c'aim, £8 15s; .wsts. £1 4s 6J. Mr. Q lill'-am for jlaintiff'. M. Jones v. T.iwhunga ; claim, £l7 9s 7d ; costs. 19s. DEFENDED CASE. Totoro v. Daniel Power. Mr. Wil•<on for p'aintifl and Mr. Wes'on for •li-feodan'. This was a claim for I'migesa-ising from th« non-return of a gun valued at £& 10s, en f rusted to defendant to cut down. Mr. Wesvm stated tha gun hid b-ea returned, and C'lled the defendant, who swore that lu returned the gun to plaintiff, but had not baen p'id for coat of work done. Hi valued the gun, when repai ed, lit 7s 0' Bs.

To. M'. Wilson: Admitted tbat he jta'ed to Mr, Wil on in TVoro's presence that if defendant did not tike the gunat-ot her native hid taken it. Denied saying directly that he g've it to another nat'va and not pi ihitiff. W. Pyeorcfo faid he was prrsent, <vhpn P.iwef gave tin gun to a native, but could not id-ujt fy him. Mr. Wi'sou cal ed the p'aiutiff, whoso evidencews in etpre'et by Mr. Freeth. il- si d h■« 'e c r ayun with defendant to r pair, and though he had called sworal tiiLO- for it had be.n unable to ob'ain it. Tne cwtof r piiis was to be 7s 6i Defendant even u«l.y told witnsg he had g'vjn the gun t- another active. Tl'm gun b longed to his father, and had bfen use! the Europeans •it the time of tli 1 war. He valued it at £i 10s. Was pr*ent with Mr. Wilsou when Power said he had givt'n the gun ti another native.

Plaintifi's brother was also called and gave evidence as to the value of the gun.

After counsel on both sides' had adthe (Heart, the S.M. said the preponderance of evidence was in favor of t e theory that the gun was given to another native. Judgment would ba for rot urn of the gun or in default 15s, cos's £1 6*.