RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1484, 25 March 1886, Page 3

RESIDENT MAGISTRATE’S COURT.

Timuxa--Wednesday, March 34, 1886.

[Before J. Beswick, Esq., R.M.]

ALLEGED ASSAULT. W. Whitehead was charged with having, en the Bth March, unlawfully beaten and assaulted B. J. W. Chamberlain, the licensee of the Temuka Hotel; and also with having created a disturbance in a licensed house, on the same date. The accused pleaded not guilty. Mr Lynch appeared for the accused. He said that he wished to state, so that his client’s case might not be prejudiced by the fact of his being an ested, that he never knew that a summons bad been issued against him until be heard of it in Timaru. He had been at work in .Timaru, and could easily have been found and the summons properly served. As soon as he knew of it he came out to Temuka and gave himself up. Constable Guerin went into tke witness box to give evidence as to the service of the summons. He deposed that when he delivered the summons at his house hi* mother said that the accused had cleared out the night before, and she did know where he was. He served the summons at 6 o’clock. B. J. W. Chamberlain, the complainant, deposed : About 4 o’clock Whitehead came in excited. He appeared to be very angry with his father, and commenced knocking over the chairs. His Worship: On what date was this t Witness: I can’t state the date. 1 don’t wish to prevaricate. The accused pushed me over a chair, and used some bad language, but as for the date I really can’t remember it. His Worship asked whether he could recollect what day of the week it was on, but the witness said he could not remember it, On His Worship asking Mr Lynch what he had to say on the subject, Mr Lynch said he had nothing to say as yet. He was quite prepared to let the case go on, as he had an answer to it. His Worship said he would dismiss the ease.

Mr Lynch applied for costs, but Hi* 1 Worship declined to allow them, WIFJG MIEKTXON. , W. Gill was charged with having failed to comply with an order of the Court for the payment of 30s a week for the sup* port of his wife and children. The defendant said he would hove paid it if they bad let him. He sent £lO as soon as the order was made, and £5 which had not bee* acknowledged. The first money was received in Temuka on the 4(h December, two days after the order was made. Mr Aspinall said he was placed in a rather unpleasant position. He was instructed to appear for Mrs Gill, and now she did. not wish him to appear for her. The order against Gill was made on the 2nd—£s was paid on that date, and £5 since, He did not know of any other payment, Mrs Gill said she wished to settle,the matter as quietly as possible. The accused said the order was for 30s a week, and a working man could not pay it. He had bean dragged down here from Wellington because he could not find the sureties required. He thought be and his wife could settle the matter outside the Court. The police were not ask ad to go to Mr Aspinall—they were asked to go to his wife’s. Mr lapinall took upon himself to ask for sureties. His Worship said he would let the case stand over for an hour, when the parties could see what arrangement they could come to.

The accused said Arrangements had been made with his own wife. His Worship : Wh«t arrangements 1 The accused said the arrangement to pay the money. His Worship : Well, you will have to pay through the Court, then. Accused then proceeded to leave the Court putting on his hat as he did so. He had got to the door, when Hi* Worship ordered that he should bo brought back, and, after admonishing him, ordered that he shonld be kept in till the rising of the Court. At a later stag* accused was allowed to apologise for his conduct, and leave the Court for an hour tojseo what arrangements he could make. On the case being called on again, His Worship said the question was whether the £5 in dispute bad been paid or not. Accused said that did not matter ; he would pay it again. After a short discussion, Constable Morton stated he called on Mrs Gill to find out bow much was owing. She said she did not know, and he then went to Mr Aspinall, and the account made out by him amounted to £l9 odd. Another week bad become due since then, which brought the amount due up to £2l. The accused said the Wellington police did not know how much money was owing, and said they never heard of such ? case before, Mrs Gill said there had been a great deal of trouble about the payment of the money, before and Mr Aspinallsuggestedit would be better to have security. She wished to state that Mr Aspinall had done nothing without her infractions. The reason she requested him not to appear now was because she thought there wa« mor* money due than there was, and she did not see how she was to pay him.

His Worship said the sum of £24 was due already, which moat be paid. Accused naid he could not pay 30s a week ; he was also paying house rent. He would leave it to His Worship to state the amount he should pay. His Worship asked him what work he was doing. The accused said he had been laboring —carrying bags of grain on his back, which was more than many present would like to do.

His Worship said he would vary the order previously made from 30s to 20s a week. The accused asked that the reduction should be made from the granting of tho order, but His Worship said he could not do so. The accused must pay the amount already due and costs incurred. The case was then allowed to stand over to allow the accused to make arrangements for future payments, etc. UNRXOISTEBID DOO. W. Blissett, of Orari, was charged with having an unregistered dog in his possession.

Constable Guerin deposed to finding a dog chained up on Mr Blissett’s property, which was not registered. The defendant said the dog belonged to a son of his, who went away in the middle of January and took the dog with him. it came back, but he did not know whether it was registered or not. He admitted it was chained up. His Worship said he roust inflict a fine of 10s and costs, and defendant must register the dog.

INSULTING LANGUAGE,

J. Tandy was charged with having used insulting language towards W. Story calculated to pt ovoke a breach of the peace.

The accused pleaded guilty, but His Worship decided to hear the evidence. W. Story : On the 16th March my son had occasion to go away a day or two, and left me in charge of the books, so I went in occasionally, but never got a civil answer from accused. One evening I went to the Hall to spend an hour, and on returning I met Tandy at the stable door. He said “ Well, where have you been 1” 1 said “ What do you mean, you old fool 1” He said “You call me an old fool!” He csrae tip to rao with a broom and shoved me round the stable. Well, that passed on, and on Saturday evening he came into the stable and said “ You are a liar, and have been telling stories about me all round the place.” _ To the accused; You were leaning against the stable door when I came in. There was only one horse, in not two, and I called you an old fool, and you were drunk. J, Tandy; 1 was leaning against the stable when complainant came up, and and when I spoke to him he said “ What do you mean, you —— He followed me up into the stable. I was in the employ of the complainant’s son. He began as soon as he was in the stable. I was not told that he was in charge. His Worship said as accused stated to Story that there was another horse in he would naturally suppose there was one in before that. A fine of 5s was imposed. CIVIL CASES. J. W. Velvin v. John Nolan—Claim £1 3s. The defendant admitted the claim, and said ho was willing to pay as soon as he could.—Judgment for plaintiff with cesia. H. Lee v. Gamble—Claim £2 15s 6d. —Judgment for plaintiff with costs. P. O’Meara v. Terauka Linseed Company—Claim £56 8s 9d. Mr Lynch appeared for the plaintiff, and Mr Aspinall for defendants. Mr Aspinall explained that the plaintiff’s case concluded on the previous Court day. For the defence he called Joseph Aahwell, who deposed ; 1 am Secretary of the Linseed Company, la the mouth of February the Company called for tenders for stacking 129 acres of linseed. Tenders were put in on the 4th, and there was a meeting of Directors on the same date. The fenders were opened at that meeting. There were a number of tenders, the lowest of which was sent in by Martin Dunn, 8* 6.1 per acre. The next lowest tenderer was C’Meara at 8s 9d.

Mr Lynch said all this evidence was open to objection. Mr Aspinall said he was producing evidence to show that there was no partnership. Ho was going to put in the books os evidence, and also examine the witness aa to the conversation he had with Dunn. Witness continued : The lowest tenderer was Martin Dunn. The second was O’Mtara’s. There was 3d an acre difference. He produced the minute bo«k of the Company. After the meeting was over, I went out and Martin Dunn was on the footpath waiting to bear who sad got the

contract. I called him and told him that his tender had been accepted, but as the Company was anxious to have the work carried out at once they vculd give him 3d an acre more to gat assistance to carry out the work quickly. I said “O’Meara’s tender was next to yours, and as the 3d will make you equal to him, yon had better give him the work." He said, “ Very well; O’Meara is a very good man, and 1 would as soon work with birr as anyone.” He said he would come and sign the contract as soon as I had filled it up. I drew the contract out next day. The Chairman was in town. I identify the tenders, and the contract produced. I know the contract was not commenced for a day or two, as I went up to the mill and none of the linseed had come. I went to Dunn and spoke to him and he said ho would go on at once. I never saw O’Meara on the subject of the contract. I saw O’Meara after Dunn’s death. He was driving down the street with one of Dunn’s sons, and ho asked me if there was any objection to the work being delayad for a day or two on account of the accident. Dunn nevar told me there was a partnership. Brown told me there was an order given, and I subsequently received it from hi* clerk. 1 said I would acknowledge it if there was any money coming. I never saw O’Meara about the contract. Mr Lynch pointed out that the order was given before any work had been done on the contract. Mr Aspinall held that it was good. Witness continued : I told Dunn that I had the order, and he said “Yes, that is right.” He never told me there was a partnership. O’Meara never gave me to understand there was a partnership, neither did Lavery nor Mrs Dunn. He received objections after Mr Dunn’s death from O’Meara, Lavery, and Mrs Dunn, to the payment of the order. Mr Aspinall said that the Company had no wish to evade payment. The claim was not being disputed because ■ they did not wish to pay, but because they only wished to pay the right person.

His Worship said the whole question was whether there was a partnership existing between Dunn and the plaintiff.

Witness continued; O’Meara interviewed the Directors on the 4th March There was a minute to that effect. [The minute was here read. It was to the effect that O’Meara attended a netting of the Directors on that day and said that as tie bad had to employ labor he wished to be paid, The Chairman answered that the Company did not object to pay, but they wished to pay the right person. It was suggested that a solicitor should be consulted, the expense to be divided. This O’Meara declined.] To Mr Lynch; Heard the Chairman, Mr Talbot, say that he had no doubt O’Meara would be paid if he was the right man. It was mentioned at the meeting that as the contract was signed by Dunn it would be dangerous to recognise anyone else. We accepted Martin Dunn as contractor, and gave him an extra 3d an acre. It might be hard on the other conlractors, but I do not know that they considered (hat. When speaking to Dunn I did make use of the words, “ Mind, and don’t slew O’Meara.” I knew O’Meara had teams, and to be sober and industrious, I never saw O’Meara, and made no conditions. Gave Dunn an extra 31, and told him to get assistance. I suppose the extra 3d was given because the work was heavy and it needed to be done quickly. Ido not know whether O’Meara was absolute owner of the teams of horses at the time. I was not aware that the horses Dunn was working were not his own. I did not consider the ages of the two men. O’Meara and Lavery called on us after Dunn’s death. O'Meara, when with Dunn’s son, asked if the work could stay over for a few days. The reason I treated with O’Meara in the presence of the son was because he had been working on the job, and I did not think the son cared to talk about business then. J. Brown was then called.

Mr Lynch objected to this evidence as it conld only concern the order, and after Mr Aspinall had replied His Worship said it could be taken for what it was worth. J. Brown : I knew Martin Dunn. He gave me an order on the Company, I was pressing him for money, and he said he had just got a contract, amounting to £6O, from the Linseed Company, and would give me an order. He said nothing about a partnership. To Mr Lynch : I might have threatened to soe Dunn, The order was dated the 6th, and was presented on the 7th. Was not aware whether the work had then been commenced.

Mr Aspinall said that was his case. It had been shown in evidence that the contract was made by Dunn in his own name, signed in his own name, and no notice had been given lo the Company of any contract between Dunn ana O’Meara till after Dunn’s death. O’Meara than claimed the money, Lavery did the same, and Mr* Dunn the same. O’Meara interviewed the Directors, and even then he did not stale that there was a partnership. Ho held that there was no proof of contract between Dunn and O’Meara, and unless that was shown it was of no use. He quoted authorities to show that when a contract was made between two parties, and no other party was mentioned, no other person could come into (hat contract. After quoting other authorities, he said for these reasons he held that the case must be nonsuited. O'Meara’s retned}' was against Dunn’s representatives. The Company was not liable to him. With regard lo Mrs Dunn, she had no right to appear, as she had not taken out probate. Dunn had a perfect right to give an ordor to Mr Brown.

Mr Lynch said it was established by the evidence of O’Meara, Lavery, and Mrs Dunn that there was a contract between Dnun and O’Meara, lie held that the minute book bore this out as it stated tli» lowest “tenders” were accepted. The minute book stated that the Secretary was to accept the lowrst “tenders.” After Dunn’s death O’Meara was treated by the Secretary i s a partner. Every word that the plaintiff had said had been borne out by the evidence. Mr Lynch then quoted authorities in support of his contention. He Submitted that the evidence showed that there could be no other intention on the parts of the Directors than that O’Meara and Dunn should be partners. The minutes proved it, and it was almost an insult to the intelligence of the Court to aav otherwise.

Hjs Worship said he would reserve b e decision till Wednesday next. The Court then rose.