RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1868, 21 March 1889, Page 2

RESIDENT MAGISTRATE’S COURT.

Geraldine—Wednesday, March 20, 1889. (Before S. H. Pearpoint, Esq., J.P.) FIGHTING IN A PUBLIC PLACE, A. Hoskins and H. Chiverson were charged with unlawfully fighting in a' public place. The former pleaded guilty, while the latter pleaded provocation. Constable Willoughby deposed to being near the Bush Inn between three and four o’clock on Tuesday afternoon last, when he saw the accused suddenly commence fighting and struggling in front of the hotelChiverson ran away, and Hoskins ran after him. Both of them were covered with blood. Hoskins, in defence, said that he asked Chiverson for some money he owed him, and he agreed to pay him; but when he held out his hand for the money he got a blow on the nose. He then chased Chiverson, who had ran away, Chiverson deposed that he was asked by Hoskins for 3s. The latter caught hold of his watch-chain, and threatened to yip out his watch if he did not pay him. He (Chiverson) did not strike Hoskins, but shoved him and tried to get clear. The bench considered the case clearly proved against both defendants and fined them 10s each, with costs. (Before Dr Pish and W. TJ. Slack, Esq., J.P.’s) CITIL CASES. A. Hoskins v. H. Chiverson—Claim 17b.

Plaintiff stated that the claim was for nine days’ board, a crupper, and repairing a breeching strap. Had asked defendant for the money, who had promised to pay, but had not done so. To defendant: Did not ask you for 3s to square accounts. Defendant asked that the case be adjourned for a day, to allow him to call a witness. The request was refused. Mrs Hoskins, wife of plaintiff, was called, and corroborated the evidence of her husband. Chiverson denied owing the money, but admitted owing 3s, which he had tendered to plaintiff. The bench considered the case proved, and gave judgment for the amount claimed and costs. A. Keunington v. E. Smith—Claim £1 19s; judgment summons.—An order was made for the amount to be paid in three days; in default the defendant to be imprisoned. The ease of J. Turner v. D. Mcllwraith, claim £3, for money lent,’ was adjourned till 10 o’clock the following morning, the parties not being prepared to go on with it. Three other Justices having been found, the case was brought on at 3 p.m. before H. W. Moore, W. M. Moore and J. GK Dennistoun, Esqs,, J.P.’s., Mr E. Wilson Smith appeared for defendant. All the witnesses were ordered out of court,

J, Turner, sworn, stated that in October, 1887, on the second day of the races in Timaru, defendant came up to him and asked for the loan of £3 to pay the jockey for riding the horse, and promised to return the money when he got back to Geraldine. Plaintiff lent the money, and after getting back to Geraldine did not see defendant for a tew weeks. When he did he asked him for the amount, and defendant said he had not got it on him, but he would be up the town again, and pay him then. He did not ; _do so, however. Some time after-

WUffda preferred the same request, and was put off in a similar way. Asked him two or three times afterwards, but could get no satis faction, defendant making some excuse. Finally asked for an 1.0. U., a three months’bill, or some other acknowledgement of the debt. This was refused, and defendant then said plaintiff would have to do what he could—defendant’s word was as good as his. To Mr Wilson Smith : When this case was before the court before I said then that I had asked defendant for the money on several occasions. I had just gone into the grand stand paddock when defendant borrowed the money. It was on the second day. H. Ohiyerson and J. Breen and one or two others were with me when I lent the money. I asfced for the case to be adjourned so that I might get a witness. Have not seen Breen since last case. Cannot find him. Keep books, but did not enter the amount against defendant. H. Ohiverson, sworn, said in October 1887, at the Thiiaru races, he was in the saddling paddock with Turner, and was speaking to him when Mcllwraith asked him (Turner) if he would lend him £3 and he would give him a cheque when he got home. Turner said “ Certainly,?’ and gave him three £1 pound notes. Breen was also present. To Mr Wilson Smith : This was m the grand stand paddock on the second day of the races. Mr Wilson Smith, after consulting with defendant, said that in the face of that evidence his client would have to admit the claim, but he had not the slightest remembrance of ever having borrowed the money, and until Chiverson gave his evidence was not inclined to pay it. In the face*of such strong evidence he would have to let the case go against him. Judgment was accordingly given for the amount claimed and costs, with witness’ expenses, Bs. The court then adjourned.