RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1273, 4 December 1884, Page 3

RESIDENT MAGISTRATE'S COURT.

Temuka—Wednesday, Dec. 3,1884. [Before J. Beswick, Esq., R.M., S. D. Barker, and D. inwood, Esqs., J.P.'s] UNP.EGISIERED DOGS. Hans Petersen, *A. Austin, B. Toner, J. C. Binskin, Caleb Woodley, Thomas Parke, Mary Monlron, Mary Murphy, and John Malarkey were fined 10s each for having unregistered : dogs in their possession, and were i ordered to register their dogs at once. George Woodhead, for whom Mr Aspinall appeared, was charged with having two unregistered sheep dogs in his possession, bat as it appeared that one of them was a poodle the case was struck out. The defence was also going to show that the dogs had been registered. DRUNK AND DISORDERLY. Two first offenders were fined 5s each. John Touler was charged with a similar offencp. Constables Casey and Morton stated that they found the accused lying on the footpath near the Temuka Hotel at half-past 12 o'clock at night. The defendant said lie was going up to work and only sat down to have a gmoke.

The Court : What work were yon going to at 12 o'clock at night ? The defendant: To my bed to sleep, Your Honor.

He was fined 10.-, with the usua alternative.

ASSAULTS. William Fitzgerald was charged on the information of Thomas Wadsworth with .assault. Wadsworth also alleged that he was in bodily fear of defendant, and asked to have him bound over to keep the peace.—Mr Hamersley appeared for the complainant.—Thomas Wadsworth deposed : On Sunday morning I went up to a water-race on my Uud to see what was the matter with it, and removed some obstruction's. Accused came and said he would murder me, and struck me on the head. He pushed me into the creek. I am quite afraid of him.—To the defendant : I did not say 1 would shoot you. I never lifted my hand to you. (The complainant then explained the position of the land on the map).—Harriet Wadsj worth, wife of the complainant, stated J her husband came home Yery exhausted, I wet, and dirty, and there were signs of blows on his arm?. — William Fitzgerald, the defendant, said there was water going into Lot 37, and he found the water had been stopped. He had been watching for three days, but it was only on Sunday he caught complainant at it. He told witness he would shoot him if he came in any further. Witness said, " Shoot away, I'll go in whether or no." (He then described the position on the map). Witness started to undo what complainant had done. lie pushed witness* off. There were no blows. They were only pushing each other.—After having been examined to no purpose by Mr Hamersley, he said that each of them had a right to the water. —John McNab stated he saw nothing but the two of them pushing each other. He was certain of that. All of them had a right to the water. Did not see either of them hit the other. Fitzgerald pushed first.—His Worship said there was some dispute about the right to the water, and it was better to settle the question at once. There was an assault, and the accused would be fined 20s and costs, or would have to go gaol for 14 days.—The accused said he was bankrupt and could not pay. George Latimer .vas charged with having assaulted James Davis. — I f appeared that last Monday evening a horse was taken charge of to impound by Davis and his hoys. The horse got away from them, and Latimer turned him into his own paddock. Davis went into the paddock to take the horse away, and Latimer shut the gate and knocked him down and kicked him.—The Court held that Davis hod no right in the paddock, but Latimer had no right to assault him, and a fine of 10s and eost? was inflicted.—Mr Aspinall appeared fur Latimer. CIVIL CASES. John Hay v. W. Armitage—Claim £6 lis. Mr White appeared for plaintiff, and Mr Hamersley for defendant.—The case was adjourned for 14 days, as the summons had not been served in the proper time. D. Taylor v. Siegert and Fauvel — Claim £l7 ss.—ln this case, which had been hanging on for nearly 12 months, His Worship gave judgment for Taylor for £l2 10s and costs. K. F. Gray v. R. Hornbrook —Claim £6 8s 6d. —The plea of bankruptcy put in was upheld, and judgment was given for the defendant with costs. A. St. G. Hamersley v. George Kahu and others Claim £7 10?. The account was alleged to be due for advice given to the defendant in the Leach estate affairs, and also for defending Kahu iik the Court in connection with the same affair. —The defendant stated that when he employed plaintiff to appear for him in the Court he did not come. —The Court held that the plaintiff's evidence was more reliable, and gave judgment for £5 8s and costs. Thomson and Smith v. J. Smithers —Claim £4 4s Id. Judgment summons.—The plaintiffs did not prove that the defendant r?as able to pay, and the case was dismisspd. The Court then aljourned.

GERALDINE. Wednesday, December 3, 1884. [Before H. C. Baddeley, Esq., R.M.] CIVIL CASES. J, Hinckley v. J. Deans Claim £35, for cart and harness. Mr White for plaintiff and Mr Hamersley for defendant. The plaintiff's case closed last Court day. Mr Hamersley applied for a nonsuit on the grounds that defendant made an offer to purchase the coach and horses, provided he got the mail contract, and there was no proof that plaintiff accepted the offer.

Mr White stated that Hinckley had verbally accepted it. Mr Hamprslcy submitted that it was only a conditional offer, and to bind the defendant the agreement must be in writing. Before the mail contract was obtained a conditional withdrawal of the offer to purchase the horses and coach was made by defendant. Mr White said the argument was fallacious. The offer was made by defendant to give £35 instead of £3O, if he obtained the mail contract. Directly the proposal was accepted by plaintiff it was out of the power of defendant to withdraw bis offer.

His Worship refused to grant n nonsuit on the grounds of Mr HamersJey's application. For the defence, Mr Hamersley called the plaintiff, J. Dean*, who stated he wrote a letter (produced) on September 6th to Hinckley. Hinckley did not accept his offer either verbally or in writing. From what he heard from J. Bull about the coach and bom-s be (defendant) wrote to

Hinckley withdrawing his offer to purchase them.

By Mr White : I thought it better to write a second letter saying I would have nothing to do with the coach and horses because Bull told me he held a receipt for them. That was the only reason I gave for decliuing to purchase. Re-examined by Mr Hamersley : I heard by hearsay that the horses were no good. I only got the mail contract on the 10th or 11th of November ; but it does not commence till Ist of January. J. Bull : I am a laborer, living at Peel Forest. I know Hinckley. I know the coach and horses in question. I once owned them for about 5 months in the laiter end of the summer of last year. I got a receipt from Hinckley for them, but I cannot find the receipt. I have looked several times for it. I believe it is in the house somewhere.

Mr Hamersley said this witness hnd been subpoenaed on purpose to produce the receipt, and without it he could not go on. He would therefore apply for an adjournment. An adjournment was granted till the 7th of January. Mr White applied for solicitor's fee, but His Worship refused to grant it.