RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1815, 13 November 1888, Page 3

RESIDENT MAGISTRATE'S COURT.

Temuka—Monday, Not. 12,1888.

[Before Captain Wray, R.M.] INEBBIACY. John Towner, charged with having been drunk and disorderly on last Saturday night, pleaded guilty. Constable Morton said he was very inoffensive, but got very frequently drunk. He was fined ss, or the alternative of 24 hours* imprisonment. EDUCATION ACT. William Fawdray was called, but did not appear, to answer the charge of having neglected to send his daughter to school. The case was ordered to stand over till next Court day. CIVIL CASES. W. McCann v. D. King—Claim £2 lis 7d. Mr Aspinall appeared for the plaintiff. The plaintiff stated the amount was due for coal and timber supplied. To the defendant: The 18s was f 164 feet of timber. To the Court: The coal was supplied by myself. Daniel King said he did not owe mora than half the amount claimed for coal. He paid ready money for the greater part of it. He was no scholar, and did not understand the I bill. Judgment was given for the amount , claimed, and costs. J. Crow v. J. McEobbie—Claim £1 Os 2d. . Mr Aspinall appeared for the plaintiff. This was a case adjourned from a previous Court day to enable plaintiff ± to prove delivery of fowls alleged to have been sold to defendant. George McKay stated that he saw the defendant at Mr Crow's. He

took four and ahalf pairs of fowl with him.

To the defendant: I could not tel the date. It was about the end o: August.

D. Swaney, fatmer, residing at Kakahu, stated that towards the end of August he saw Mcßobbie take fowls away frem the plaintiff's place. To the defendant: Could not swear to dates.

J. McKobbie produced his book to show that there were 9 fowls credited to Mr Crow and those were paid for. These were the fowls referred to by the witnesses. He got them on the Bth of August. To Mr Aspinall: Grot butter on the Bth of August, Did not pay for it, Got 101 bof butter. Grot the 9 fowls, but these were paid for. J.- Crow stated the butter was got from Mrs Crow. Was positive it was on the 23rd of August the defendant got the fowls. He had a pass book, but hadn't it in Court.

To the defendant: "Was positive of the date.

The defendant, who had been conducting his own case, was frequently cautioned by the Court to behave better, but all rebuffs only appeared to render him still more excitable, He became extensely demonstrative while his tongue went at lightning speed. His Worship at last inquired whether there was a constable in Court, but there was only the clerk of the Court present. His Worship then ordered the defendant to be placed under arrest, and this was done until the rising of the Court, when he was again brought up, and His Worship asked what he had to say in explanation of his conduct in shaking his fist at the Court, and behaving in the manner he had done.

He replied that he had no intention of insulting the Court; that he got excited because people were trying to swindle him.

His Worship said he would overlook hi» conduct, bat as regards swindling the weight of evidence was against him, and he would have to give judgment against him for the amount claimed and costs. The defendant again commenced to argue with the Court, and was becoming when he was imperatively ordered to be silent, and so he succumbed and left the Court stating he had nothing to pay it with. C. Story t. A. Leonard (Maori)— Claim 15s. Mr Aspinall appeared for the plaintiff. The plaintiff stated the amount was due for horse hire. To the defendant: Tou did not pay the money. Tou did not pay for this. Tou paid for the horse seized by the constable, but that is different. The horse that was kept at the pah was different altogether. Albert Leonard stated he hired the horse, but the constable served a warrant and seized the horse. This was more than three year* ago. This was the only horse he had from Mr Story. Mr &tory paid 13s to the constable, and he allowed 7s for hire, and gave an order for £1 on Mr Gladstone. This was paid. He then asked witness to keep the horse at the pah and he did so. 'J his was the only horse he had.

To Mr Aspinall: Never got a bill from Mr Story. Never was asked until new.

Constable Morton proved that on the 17th of October, 1885, he executed a warrant, under which he seized a horse Leonard had.

C. Story recalled: The defendant had the horse from him on the 23rd of 1885. It was not true that this was the horse Leonard kept at the pah. Judgment was given for the amount claimed, and costs.