RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1457, 21 January 1886, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Wednesday, Jan. 20, 1885.

[Before A. M. Clark and S. D. Darker, Esqs., J.P.'s.] CIVIL OASES.

J. Craig v. —Moynihan—Claim LI 188.—Adjourned for a fortnight.

F. Franks t. Saunderson—Claim L2 17s 6d.—No appearanoe, struck out. Twentyman and Cousins t. F. W. Badham—Claim LI 6s.

This was a Christchnrch case, in which the defendant's evidence was taken for transmission to the Christchurch Court. Mr Badham asked whether it was right that he should be called upon to give evidence before the plaintiff's evidence was before the Court. It was like making him prove he was not guilty before the plaintiff proved that he wap. The fact was the plaintiffs said he owed them some money and he said he did not. Mr Clark said his evidence would bo taken m Temuka for his own convenience. He could go to Chriptchurch and be face to face with the plaintiffs if he liked. Mr Badham said that would entail great expense.

He was then sworn, and gave the following evidence :

F. W. Badham : I am a farmer, living at Bulmer, Orari. In February of last year Mr Howard, of Bedford, called at my place, hearing I had one of bis reapers and binders. He asked how I liked it. I told him it was bad, and I could not rscommend it to any of my neighbors, but, I said, although your machine is bad jour agents are far worse. In answer, he said he would put my machine in thorough repair for the season, and if anything went wrong during the season I was to telegraph to him, and he would either come himself or send an expert, and there would be no charge made, He told me to telegraph to Dunedin, care of Cousins and Black. The machine did break down, and I telegraphed to the address, and this is the reply (produced, to the effect that defendant was te wire to Twentyman and Cousins.) About a week later Twentyman and Cousins' man came to my place to borrow a part of my machine to fit up Mr Murray's, of the Orari. I asked had he received any word from Twentyman and Cousins about my maohins. He said he had not, but had been sent up to repair Mr Murray's machine. I showed him Mr Howard's telegram, and after he bad read it I asked him what he was going to do. He said, " As soon as I have done Mr Murray's I shall come down to you." I said, " Please yourself, but, remember, J don't ask you.'?' He said, ',' Howard's telegram is sufficient for me,-' It is this man'6 time that

Twentyman and Cousins' are charging me with.

John Murray, Manager Orari Station, sworn, said : I remember going with Mr Howard to Mr Badham's place last year. Mr Barlham complained of his machine being bad, and the local experts worse, and in reply to that Mr Howard said he would come himself or send an expert if anything went wrong with the machine, and no charge would be made. Mrs Bad ham, wife of defendant: I remember Mr Howard coming to the house in the beginning of February last year. He said if anything went wrong with the machine he would come himself or send an expert, and there would be no expense. LUNACY. Mrs Newberry was committed to the lunatic asylum on the charge of being of unsound mind. Drs Campbell and Hayes gayes certificates to that effect.