R.M. COURT, TEMUKA.

Temuka Leader, Issue 235, 19 February 1880, Page 2

R.M. COURT, TEMUKA.

Befors F. Guinness, Esq., B.M. Wednesday, 13th Feb., 1860. The Court ?nt at 10 a in. DUT7NK .AND nrSOUT)EP.LT. For this offence two inebriates were fined 10j and. 20s respeoiivcly rrniors nmvxxo P McCa’ kiil was fined £2 and costa for the above offence shootixg- wrrn intent. Police v. JJawber.—This case was again acl joi rued for seven days, the prosecutor being still unlit to all end. snx-asoa seliilno-. Thomas Liston, storekeeperatWaitohi, was charged with the above offence. Sergfc Carl yon conducted the prosecution, and Mr God by appeared for the defence.

James Miller deposed—l am a farm manager residing at Waitohi. I know Mr Liston’s store. I was there on the 7th inst., and got a glass of beer outside. I think it was W. Kirk who gave it to me. I asked Kirk to get me a drink of beer, and I gave him Is. Ido not know what lie did with it. He did not return the sliillihg to me that night. W. Kirk, sworn, deposed —lama farmer at the Waitohi. I remember the evening of the 7th inst. I was at Liston’s that night, and I saw there the last witness on a load of hay. I handed him a glass of beer; Mr Eaddick handed it to me ; I did not pay for it, but I got Is from Millar ; I r ave it to Eaddick ; I saw Pat Murphy in Liston’s store ; Ixave known him for 12 months; I believe he is storekeeper there ; Mrs Liston handed Eaddick the beer, Murphy came into the st ore after the beer was served; I had some sardines and beer in the store that night; did not pay for either, they were booked to me ; two quarts of beer were booked to me at 2s ; the price of beer charged was 4s per gallon. By Mr Godly—l have not seen Mr Liston’s books. By the Court —I have not had a bill sent to me with this item included. Jas Haddick sworn deposed—l am a carrier living in George Town;l remember Saturday, the 7ih of this month; t was in company with Millar, with a load of hry; I asked Mrs Liston if we could have a drink ; she said, “ Yes j” I got J-gal; I poured some into the glasses, and Mrs Liston poured some also ; I received a shilling from Wm Kirk ; I refused it at first, as T did not know what it was for, and lie did not tell me, hut said I might as well take it; I took it for granted that it was for part of the beer; I don’t know —l—understood that I was to get the other IJgals ; I did not get it as a present, The police here requested that Bridget Liston’s name be inserted instead of that of Murphy in the information. This concluded the evidence. Mr Godly submitt ed that the case must be dismissed, on the ground that no evidence had been 9)1 own thur Liston was not licensed. His Worship considered that it was necessary that it should be proved that accused was not licensed, and consequently dismissed ihe case. CIVIL CASES.

Brown v Leonard —Claim, Ll 5 12s 9d. Judgment for full amount and costs. Heap t .Mitchell—Claim L2 12s 3d. Mr Johnston for plaintiff, and Mr Austin for dsfendont. This was acl arm for expenses as a witness in a greyhound case, tried at Christchurch some time ago. Mr Austin applied for an adjournment on the ground that a i important witness for the defence was unable to attend. Mr Jolmslon objected to an adjournment, and stated the defendant was reputed to be a b id mark. Mr Austin said Mr Johnston’s remarks were uncalled for and unusual." His Worship consented to adjourn the case for a week. Christina. -Aitken, widow of late Robert Ait ken, of Naseby, Otago v. T. Hobson— Claim LlO Is 9d. —Mr Austin for plaintiff and Mr Johnston for defendant. Christina Ah ken sworn deponed—l am widow of the late Robert Aitken, of Naseby ; I produce the p’obato of his will; my Imsbaml, when alive carri d on business at Naseby as a stoiekeeper and baker ; I remember the defendant coming into the shop in 1871; my husband told him bis account was large; my husband took 7 shares in the Temp.ranee Hall, Naseby ; valued at £7,' it left a balance of £lB Is 9d ; some tune after defendant left Xaseby ; I saw him in Tcmuka in December 1874; my husband saw him and spoke to him • there was a letter come to JNaseby in 1875 from him with £8 ; I believe I burned the letter, it stated that lie had sent 18 as p. omised in part payment of the debt that was due on 2nd Feb. 1875 ; I sent Him a receipt ; my husband was not iu his right mind at the time be passed through here; he died in the Dunedin Asylum ; I have not seen defendant mail I saw him here about G months ago. Demand been made for the balance. By Mr Autin —I have the store book in Court (produced), and Hobson’s account theiein ; 1 have not got my clay books ; In •February, 1872 defendant did not pay Ls,and in March LG. The only money •ceeivel since he left was the ,L 8 in 1875 ; I t hink that letter was dated from Temuka ; I do not recollect whether it was in notes or an order ; the receipt sent for the L 8 mis to tho effect that it was an account, anti left a balmce iff LiO Is 9d ; It was nude out by my storekeeper nt my direction. By Mr Austin —I instructed the storekeeper to nuke out the receij.it as cn account; and I also insliTC‘:ed him to make the credit made in the book; my. husband was at home in 1872 ; be was particular to enl rics ; if lie had received any money he would have given credit for it Tims Hob-on sworn deposed—At the time I (ra isfe.red 7 share-', I left a.-balance: of LIG odd ; in E -hi u.uy 1872 I went to Aitken and I gave him L 5 ; in March 1 gave him Lo more; Stewart was book kereper at the lime 1 paid the L 8 ; I did not send it by letter, as slated by Mrs Aitken ; I went to the si ore and gave a LlO note, and received L2 ,'n change ; Mrs Aitken was the one that gave me the change ; the entry was made iu my pass book at the time ; I paid it as a payment iu full, but Mrs Aitken Would not allow Stewart, the storeteejmr, to settle L, as there was a difference between their books and mine, and it was left for A'then to settle; Id had sent for that pass book By Mr An-,tin—Between 1872 and 1875 there was a difference of L 8 ; I have sent for the pass book and expect it soon.—Case adjourned for 14 days to allow its production. Williams v Belson—Mr Johnston for plaintiff and Air Austin for defendant: Ca.e adjourned till next Court day.