RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1711, 15 March 1888, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Wednesday, Mae, oh 14, 1888,

[Before Oiptain Wtay, R.M.] DRUNKENNESS.

Thomas Powell was charged with having, on the 13th inst., been drunk in the public street while in charge of a horse. He was further charged with having assaulted the police, and further with having used profane and insulting language, to all of , which he pleaded guilty. Thos. Graham said that about 5.30 on the 13th inst. he arrested accused while in charge of a horse and dray. He came quietly to the .corner of the Crown Hbtel, when he tried to get out of the dray. He kicked witness in the stomach, and tried to bite him, and he made use of profane language. He was very drunk. He continued the resistance to and in the lock-up.

The defendant said Mr Fenton had charge of the horse, but went into the hotel, and left the horse in charge of his boy. Constable Morton said he was a very respectable .man, except when he got too drunk. . The defendant promised that if his offence was overlooked this time he would sign the pledge. His Worship said he would give him the chance this time. He would be fined £2 on all the charges, with costs.,

Eobert Fenton was charged with a similar offence. Also that he obstructed the police; and further that he used obscene and insulting language. He pleaded guilty to having been under the influence of drink, but denied the other charges. Constable Morton stated that he saw the accused drunk. He was crying out “ Fenians.” He then arrested him. He was a respectable man if be kept sober. Constable Graham said that when arresting Powell Fenton interfered, and tried to pull witness over the wheel of the cart.

To the defendant: I did not hear you telling the man to go quietly. Charles Story; Eemember going to Constable Graham’s assistance. Fenton came up and said to Powell, “ You had best go quietly.” Then he said, il Don’t abuse the man. I will not see him abused.” Told Fenton not to interfere, and he said, “ You Fenian, what have you got to do with it?” To the defendant: You had hold of the constable. You did more to help the prisoner than the police. Eobert Fenton said he was driving the cart. He told Powell to go quietly with the police. Never put

a hand on the policeman. Was not drunk. It was afterwards he got drunk and was arrested.

His Worship said he was liable to a £2O fine, or three months’ imprisonment, for obstructing the police. He would be fined 5s for having been drunk and £2 for obstructing the police. William Fox was charged with having been drunk on the 13th inst., and fined ss, or the usual alternative. RECEIVING STOLEN GOODS, John Woodhead was brought up on remand charged as above. He had been before the Court on the last Court day, but refused to say where he got the coat alleged to have been itolen.

Mr White appeared for him and asked that he be put into the witness box.

J ohn Woodhead; I got the loan of the coat under Mr Brown’s verandah. I had not the slightest idea where it was got. The person went and fetched it to me. He was about ten minutes away. I would not tell the name of the person if I were hanged. I promised I would not and I won’t. Mr White: You told me the man ? Witness: I did.

Mr White: Will you allow the name to be handed in to the Court. Witness: No,

Mr White; You gave me the name and told me that if it was absolutely necessary to mention it, I could mention it. I tell you now it is absolutely necessary to mention it. Will' you allow me j:o hand in the name to the Court ? Witness: No I will not. Mr White: You told me I could if it was necessary. Witness : No. I said I would not tell the name unless I thought it necessary.

Mr White: But it is necessary now.

Witness: I will not allow the name to be made public.

Mr White : Now here it is written on this bit of paper. It will not be made public if I hand it into the Court now. May I hand it in P Witnes: No. I’d rather be hanged first. I swore I would not, and I won’t.

Mr White; Oh, but you did. not swear.

Witness : Well, I was put in a corner, and I made the promise without knowing what I was doing, and I am not going to break it. Mr White: Eemember now that it is a matter of serious consequence to yourself and to your family. Witness; I don’t care. I’m going to put up with it. Mr White: Yery well. I can do no more.

His Worship said that he had tendered his evidence and now he defied the Court, and he would have to commit him for contempt., There was no just cause, for refusing to give the name. If he had made the promise he had already broken it by telling his counsel the name of the party. He would be committed to gaol for seven days for contempt of Court, and would be brought up again on the same charge. BTEAT CATTLE. William Demuth was charged with having allowed a bull belonging to him to wander in the Park. Mr Aspinall appeared for the Park Board, and said it was not desired that any penalty should be inflicted, but that the bull should be kept out.' Fined 5s and costs. CIVIL CASES. G. McS. Gentlemun v. H. Fried-lander—-Claim £2.—Mr White appeared for the plaintiff.—Judgment by default for amount. claimed and costs.

G. McS. Gentlemun v. D SmithClaim £4 2s lid.—Judgment by default for amount claimed and costs. | J. W. Velvin v. M. Ahern—Claim Jt2 10s. —J udgment by default for the amount claimed and costs. G. McS, Gentlemun v. M. Hansen —Claim £2 2s 9d.—The defendant admitted the account, but produced a contra account. —As the set-oiF had not been pub in in time it was not allowed, and judgment was given for the amount claimed and costs. G. Bolton v. G. Levens —Claim £3 ss6d.

Aset-off of £3 was put in, and the whole case hinged upon the correctness of the set-off. ; The defendant stated that he attended a horse belonging to the plaintiff for sore throat, for which he charged 10s; also a horse for inflammation of the bowels, for which he charged £2 10s. He gave the horse 18s worth of medicine, and there was 17s 6d worth of medicine got from Mr Eayner also for the same horse. 0. Story said he thought 12s worth of medicine ought to have been enough. The charge would not have been excessive had the defendant supplied the medicine^ The plaintiff also gave evidence to the effect that the defendant’s instructions were to get all the medicine from Mr Rayner’s, and eventually, after a protracted hearing, His Worship said he would allow Jb2 2s 6d as the amount of the set off, and give judgment for the plaintiff for £1 3s. J. Brown v. D. Smith —Claim £3 17a Bd. —• Judgment for amount claimed, and costs. .J. M, Naughton v. J. Harrison — Judgment summons.—Ordered to pay at the rate of 10s per month, or in default 14 days’ imprisonment. Ward and Co. v. B. Heap—Claim £ls.

Mr Aspinall appeared for the plaintiffs, and Mr White for the defendant.

John McKenzie, traveller for Ward and, Co.: Took the order for the beer, and it was delivered in August, 1886. Was down in September and Mr Heap told witness he had not drawn the beer. Was there again in October, and he said it was not drawn, but witness told him as summer was coming on it was necessary to draw it. In November he went down into the cellar and spiled it, and it was quite saleable then. Was not down again until January, when the beer was tested, and it was sour. Demanded payment, as the beer had not had fair play.

To Mr White: Remembered the whole thing well, because we had not fair play in it. Did not go down into the cellar in October. Went down in November because I wanted to see the beer. Offered to square the account in two or three different ways as we never wish to go to law. Was willing to take £l6s for stamps, and the price of one hogshead of beer. £4 5s was the price of the beer, but it is charged £5 when it is not paid for within the month. Swear that the price was not £1 delivered free of charge at Temuka. B. J. W. Chamberlain said his order from the firm was to use the beer within a month, or, at any rate, two months, as it would not keep. They cautioned him not to take more than two hogsheads at one time. It was customary to make good any beer gone bad. H. Lee said he would not like to keep XXX beer over 2 months. If he hept it over 5 months, he should expect to pay for it, even if it went bad. Elizabeth Heap: Remembered Mr McKenzie getting an order for two hogsheads of beer at £4 per hogshead, delivered free in Temuka. The two hogsheads came and were put in the cellar. He came next month, and witness told him it was not good. He said “ Leave it a little longer and it will fine down.” On his third visit he offered to take the price of the stamps. Mr McKenzie went down into the cellar on two visits, and on the last occasion offered to take the price of the stamps. He said there was a bad brew, and evidently witness was unfortunate in getting two hogsheads of it. To Mr Aspinall: It was five weeks after the beer was put in the cellar that it was soiled and found to be bad.

J, J. Heap: Gave Mr McKenzie an order for two hogsheads at £4i each, delivered at Temuka. The beer was in the cellar about five weeks before it was spiled. McKenzie went down into the cellar the first time he came, and he said the beer looked well, but the taste was not good. He said “ Let it fine.” Tapped it about ten or twelve days afterwards, and gave a glass of it to Bryant and “ Charley the Foreigner,” and had one himself. It made them sick. Removed it at once and put on the Crown Brewery beer. McKenzie told witness to draw it off as quick as possible, but he told him ho could not as it would spoil his custom. He (McKenzie) then said “ Pay me 26s for stamps and we will cry quits.” He said afterwards to mother, “ Pay sor one hogshead and the stamps,” but ahe refused to do so,

To Mr Aspinall: The price was £4. Got the circular enclosed showing the brewers’prices to have been £5, less discount, but the prices were not adhered to. The circular was rescinded. Would not like to swear he spiled the beer in September, it was so long ago—lßß6. Said he would not settle the question but let it go into Court. It might have been more than five weeks before it was spiled. It might have been seven weeks, but it was not eight weeks. It was pretty; clear, but not well tasted.

His Worship said he thought the weight of eidence was in favor of the defendant, and judgment would therefore be given for the defendant with costs; The Court then rose.