R.M. COURT, TEMUKA

Temuka Leader, Issue 269, 24 June 1880, Page 2

R.M. COURT, TEMUKA

Wednesday, June 23rd. Before F. Guinness. Esq, R.M. W. Postlethwaite and S. D. Barker, J.P's The Court sat at 12-30. POLICE V HAMER This case was adjourned from last Court day for the production of two witnesses whom the Court had not Leen able to subpoena Mr Hiimersley, who appeared for thu accused, said before h:' proceeded further with the case, would like to receive an expression of opinion by tl.e Bench iu 10-

ference to producing evidence as to the accused's lawful excuse on the .premises

He argued in a similar strain to that con , tended by Mr Tosswill last Court" day, and said that the information should have been laid for tresspass, and not under the Vagrancy Act as was the present information" The accused would then have been enabled to have given evidence on his own behalf, and the Court would have had the option of imposing a fine, whereas under the present proceedure tie accused was prevented from receiving either one or the other of these privileges The Bench, after consideration with closed doors, informed Mr Ham-Tsley that by a majority of the Bench they were d opinion that evidence was necessary of a lawful excuse of the accused's ptesenee on the premis t. The Court then adjourned till 2 o'clock

POLICE V. H VMER Alexander Brown, farm servant, Geraldine, said he knew Lowry, who was look ing after Wheelbands garden at Orari. Before the shooting, he hea-d Lowry say to Plainer he could come and get fruit some other time. This was in answer to a request by Plainer of Lowry t,. give him fruit. Hamer aeke-1 for fruit that night. Lowry told him he could co-ne soul's other night and g't some, ' There were three others present.

By the Police : This conversation took place after lea. P saw two or three per sons leaning over the gate, Hamer was tore. 1 did not hear Lowry use threaten In" language to Hamer. We started from the hut together Lowry said we could not

Frank Brown, firmer, Gelaldine, said he heard a conversation between Ha'iier and Lowry before liamer was shot Lowry said he was to go away that night and come back ssmo otlior night By the Police : I did not try to get inco tlie garden by ce The night Hamer wot shot, we he.ird a shot fiieu, and wen t to the garden I saw Dobor and Lowry there Dober could have heard the conversation He pointed the gun to my brother, I don't know Why he did so This was the case for the defence

Mr Hamersley asked that the case be dismissed, on the ground that Hamer had permission to enter the garden as was shown by the evidence, and went there with that understanding Tlie Bench were of opinion that the accused had gone into the garden by permission from Lowry, who was custodian of the garden, and dismissed the case accordingly.

CIVIL cases. Wilson and Son v. Frank Poff and Rosa Poff— Claim, LlO 10s 3d, for goods sold and delivered, a d interest. Mr Austin for plaintiffs, and Mr Toss will for defendants. This case was partly heard last Court day. It appeared from the evide ico that the goods in question were supplied to the defendaut, Rosa Poff (in the maiden name, Rosa McCabe), previous to her marriage with the defendant Frank Poff

Plaintiffs produced their books showing tho account, stating that no part was paid at the time of tho sale, nor had been p.iid Bince

Mr T , os3will contended that it was necessary for the plaintiffs to prove the entry in the books, and asked for a nonsuit Mr Austin applied for an adjournment, in order that the salesman might bo subpoened from limrcargill, and anothor witness from Fairlie Creek, who wan present at the timt of the sale.

Hin Worship consented to nn adjournment to the 23 (to-day) when the following evidence was taken : A L Wilson, auctioneer, Invercargill, swore to the original entry and delivery They were not paid for James Robinson, G'-raldine, was book keeper for plaintiffs in 187 G The original entry was in the last witnesses' writing The goods were not paid for to him or either pavtnors Mr Tosswill submitted that the case should be nonsuited Mr Austin agreed to a nonsuit His Worship previously remarking that it would bo better for this case to bo settled before going further. Costs.were.not allowed

White v Brown Adjourned till next Court day Holloway v Martin—Claim, L 6 7s This was a judgment summons, and plaintiffs did not appeor Plaintiff stated defendant was contract ing, and in a good positiion and able to pay the debt; ordered that he pay the amount in one week, or go to goal for one month

Storey v Hunt—Claim, LI 12 Judgment for amount and costs Brosnahan v Innes—Claim Ll 4 Case adjourned till next Court day Crawford v Hunt—Ciaim L 6 15s Judg ment for amount claimed and costs

Bradley t Cliff-Claim Ll 7 19s 6d It appeared that the defendant tvas not the right party sued, and that the machine was let to Oldfield, so that defendant could not collect money for work done by the machine without an order from Clias Oldfield Tho plaintiff was nonsuited with costs ■•- \ . '' ■

Several cases taken out in the same way were withdrawn