RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1493, 15 April 1886, Page 4

RESIDENT MAGISTRATE’S COURT.

Temuka— Wednesday, April 14, 1886. [Before J. JBeswick, Esq., R.M.] CREATING A DISTURBANCE, Donald Sutherland, a youth apparently about. IS years of age, was charged with disturbing a congregation of worshippers in the Salvation Army Barracks on the 7th of April last. The defendant pleaded guilty, but said that he had only laughed at soap persons beside him, when Captain Willfains told him to go out. He told Captain Williams to “ take a fit." John Williams, Captain of the Salvation 1 Army gave evidence to the effect that .on the evening of the day mentioned in the information, Donald Sutherland was present at the Salvation Army meeting. During the first prayer Sutherland was making remarks that made others laugh,'and witness shook his head at him. After prayer, while a hymn was being Bungbe was putting in words of his own about jumbo ” that made others laugh, and when the soldiers were testifying, he was also making remarks. Witness told him to keep quiet, and be replied by saying “ take a fit.” Witness had frequently spoken to him before, but the defendant continued annoying the meeting constantly. It was a great harm to the Army that such things went on, because people would not come if the meetings were not conducted properly. Witness consequently hoped that such conduct would be put a atop to. The defendant offered no defence, and His Worship said it was quite evident he had been annoying the - Salvation Army meetings. He did not see why they should be annoyed any more than any other congregation. The defendant would be fined 10s and costs. He was liable to a fine of £lO. CIVIL OASES. I. B. Mendelson v. J. Tangney—Claim £l9loa. Mr Tosswill appeared for the defendant, and asked that the case be adjourned, on the ground that he bad not had time to see the evidence taken in the North Island. This course was agreed to, on condition that the defendant should pay coats, including witnesses’ expenses. 1o this defendant would not consent, and t‘ • case was proceeded with. Joseph Ashwell gave evidence to the effect that he had received a letter from I. B. Mendelson authorising him to act as his agent. He applied to the defendant for the amount, and he admitted that be owed the money, Mr Tosswill: Not the whole of it. Witness : He admitted owing £9 17s, and he said he would pay it when he could. Mr Tosswill; We admit owing £9 15s BOW. From a subsequent conversational sort of a discussion between Mr Tosswill and the Bench we gathered that the defendant was a tenant of the plaintiff, and that plaintiff’charged a quarter’s rent in advance,, which sum was not yet due. Judgment, was given for the plaintiff for £9 15s and costs. W. G. Aspinallv. D. Heffernan—Claim £7 5a 4d. Mr Lynch appeared for plaintiff and Mr Tosswill for defendant. Mr Lynch said the case had been adjourned from last Court day to consider a point raised for the defence to the effect that the account rendered was not explicit enough. W. G. Aspinall, the plaintiff, gave evidence to the effect that he had rendered accounts at various times. The amount was still owing. He had rendered accounts within one month of the service being rendered. Mr Tosswill: How soon after the service being rendered was it that you sent the account 1 Mr Lynch s-iid Mr Tosswill could not take advantage of the statute which rendered it necessary for solicitors to render accounts within one month after the services were rendered, as he had not pleaded it at the proper time. Mi* Tosswill held that the R.M. Court was not a Court in which one wns bound to plead his /Hence a certain time before hand. Mr Lynch said in any case the plaintiff had sworn that he had rendered the accounts, and the deft idunt was”present to contradict him. Witness continued to say that the defendant admitted owing £6 4s 4d ot the account, and that he had appeared in Gonrt-fcr him since, for which he charged £I1«. Judgment was given for the amount claimed and costs. J. Beri v. J. Moynihan -Claim £5 6s fid. The plaintiff slated that £3 had been paid, and asked that the case stand over for the present The case was adjourned for a month. The Court then /ose.