RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1270, 27 November 1884, Page 3

RESIDENT MAGISTRATE’S COURT.

Temuka—Wednesday, Nov, 25,1884

[Before S. D, Barker, and D. Inwood, Esqs., J.P.’s] CIVIL CASES.

John Cooper v, G. H. Lynch—Claim £1 ss.

Mr Aspinall appeared for the de fendnnt.

The plaintiff stated that the defendant was a contractor for some work, and sub-let to witness some of it. The amount was due for the work done.

To Mr Aspinall : The agreement was notin writing. He did not finish the work. He painted two ventilators, four windows and oue door. The bov was there about two days. He reckoned 5s for the materia! supplied and £1 for the work done was a fair price.

To the Court : My idea was that the contract was a third done, and I charged for a third.

Wilfred Cooper, son of the plaintiff, staled he supplied defendant’s son with about Gibs or 7lbs of paint and a brush. His lather generally charged for his labor.

G. H. Lynch : I am a biicklayer. Was contractor for the dairy factory. On the 23rd of September I asked plaintiff wha f he would do the painting for, and he said £3 17s. I told him he was to do it as soon as I was ready. When 1 was ready Cooper said he could not come. I went to Surridge, and be could not come. Told plaintiff to mix the paint and that I would do it myself and charge him with the time. Sent a messenger for the paint. He did not get what was necessary, and I c>une down town and got paints and brushes from Job Brown. Offered to pay anything reasonable. To the plaintiff: I offered to pay anything reasonable, but you said you would have the 25s or nothing. The arrangement was that I was to have three colors of paints, but I did not get them.

Henry Robinson, who did the carpentering work, gave evidence as to the amount of work done.

Alfred Surridge said he measured the work at Mr Lynch’s request. There were 22 yards of painting done, worth 6d per yard. To the defendant : If there was inside work to do, and three journeys had to be made, I would charge lor it. George L\ neb, junr., gave evidence to the effect that be got a tin of paint and oil from Wilfred Cooper, and a brush.

Mr Aspinall urged that the charge of £1 was exorbitant. The defendant was willing to pay the value of the work done as valued by Mr Surridge, and also tho price of the paint. Judgment was given for 17s, without costs. larceny as a bailee. James Pul ford whs charged with having sold two horses, one dray, and one set of harness, the property of John Shaw Hayes, of Temuka. Mr Aspinall appeared to prosecute. In reply to the Court the accused pleaded guilty, and handed in a letter explaining that Mr Hamersley was to have defended him but Has not present, and he asked for a remand.

The Court ; But you have pleaded guilty ! Did Mr Hamersley instruct you to plead guilty ? The accused : He did, your Worship.

The Court intimated that it was a strange proceeding to plead guilty and ask for a remand. Constale Morton reminded the Court that the accused ought not to have been asked to plead at all, as he was charged with an indictable offence.

Mr Aspinall objected to the remand hriuggranted. He had his witnessespresent, ready to go on, and as some of them had come from Ashburton it was ratiier a serious matter to postpone the case. The accused could make his defence before the Supreme Court. The case was then proceeded with, and the following evidence taken : John Shaw Hayes : I a medical practitioner practising m Temuka. In July last year I lent accused £SO under a bill of sale on two horses, a dray and harness. Part of the money has been paid ; the balance is owing, I heard a report that he had sold the horses, and defendant came to me and said it was not true. He then paid me some money on account. I have learned [since that they bad been so'd at that time,. I | never gave him permission to sell the I horses.

William Brogden : Knew accused. In July last year he had two horses. I endorsed a promissory note to Dr Hayes for him. lie went to live in Ashburton. I knew the horses and cart were included in the bill of sale to Dr Hayes. He told me ho had sold a chesnut filly he got subsequent to the bill of sale. Saw accused in Ashburton and asked him if he had sold the horses, and he said ho had not. The second time Iwim up I found they has been sold. Got the letter produced from accused. David Thomas : I am a member of the firm of Matson Cox and 00. I tie accused came to Ashburton in the beginning of July last with 3 horses, a dray, harness, plough and sundry other things which he wanted to sell to a man in my employ. I went out to see the dray and horses, and was struck with all being new, I hey could not agree as to price, and he authorised mo to advertise and sell them. They were advertised in his name. I asked him if there was any security on them and he said “ no.” The sale took place on July the 12th. One of them was withdrawn and was sold on the 17th. I [gave him cheques for ±,63 and another lor £9, tor the amount the sales realised,

Robert Neil ; I am a constable stationed at Ashburton. On Monday, 17th inst., I went to Woodbury «nd saw accused forking on a stack at a threshing machine. I called him off the stack and asked him his name and he said it was Johnston. I told him I would airest him for a man named James Pulford for larceny as a bailee. lie denied that he was Pulford but admitted that it was when he was on the wry to the Geraldine lock-up.

This completed the case, and the accused was committed for trial at the next sitting of the Supreme Court at limaiu. The Court then rose.