RESIDENT MAGISTRATE’S COURT

Temuka Leader, Issue 2522, 29 June 1893, Page 3

RESIDENT MAGISTRATE’S COURT

Geraldine —Tuesday, June 27. [Before O. A. Wray, Esq., R.M., and Messrs H. W, Moore, and W. M. Moore, J.P.’s.] WILFUL DAMAGE. Thomas Bates was charged with unlawfully damaging a street lamp, the property of the Geraldine Town Board. Mr F. Wilson Smith appeared for defendant. J. Hansen, lamplighter, deposed that the lamp in question had been removed from its frame in the street, and was afterwards found near the pawnbroker’s shop. When found the lamp was not damaged in any way. Constable Tarrant was instructed by the Town Board that a lamp had been removed fjom its post. Heard that there were a number of young fellows about the town on the night when the lamp was missed. Spoke to defendant, who said that the lamp was taken away in a joke, and that he was willing to pay for it if his mates would pay their share. Bates would not “ split ”on his mates. This was before the lamp was found. On the night in question other damage had been done in the town, such as lifting gates from their hinges. Mr Smith said that his client was with other young men when the lamp was taken away, but he did not wish to “ split ” on his mates. He pointed out that no damage had been done to the lamp, so that the Bench could hardly convict on a charge of wilful and malicious damage to property. The Bench cautioned defendant against interfering with public property, and said he was liable to a heavy penalty. The case was dismissed.

CIVIL CASES. Emma Crocker v. Michael Tinoy— Claim £2, for services rendered as nurse to defendant’s wife. Mr F. Wilson Smith for plaintiff, and Mr Howard Tripp for defendant.

Emma Crocker, nurse, Peel Forest, deposed that she was engaged by defendant to attend his wife. She was in attendance for 11 days, for which she charged £2. Her usual price was £3 for 14 days. She also did washing and cooking for Mr Tiney and family. To Mr Tripp : Mrs Maister did not come till after tbe child was born, and did not attend to the mother or child, but looked after the house for Tiney and the children.

Eliza Rae, Peel Forest, always took it for granted that Mrs Crocker was the nurse for Mrs Tiney. Never heard Mr or Mrs Tiney say they did not want Mrs Crocker about the house. Mrs Crockor was always polite in her language. Was present at Mrs Tiney’s with Mrs Crocker on the night the child was born. Had occasion to go home, and on returning found the child was born. There was no other nurse in the house but Mrs Crocker. This closed the case for plaintiff. For the defence Mr Tripp called Michael Tiney, carpenter, Peel Forest, defendant, who deposed that ho had known Mrs Crockor for 14 years. Was building a new house and Crocker lent him a “ lean-to ” to live iu meanwhile ; so had to live very close to Mrs Crocker. He had always ordered Mrs Crocker away at his wife’s confinements, because she was in the habit of drinking and using bad language. On the present occasion he engaged Mrs Maister as nurse aud Mrs Jenkins to assist. The latter he had engaged at four previous confinements. Ho produced receipts in Court to show that he had paid both of these women for their services. He would not have Mrs Crocker as nurse on any account, and because ho ordered her away she blackguarded him. If she nursed his wife she did it on her own account. He did not engage hqr, To Mr Smith : Was not present when the child was born, and did not see Mrs Crocker present, When the child died Mrs Crocker told him to tell Dr Fish that she was nurse and it would be all right. In consequence of this he told Dr Fish and Constable Willoughby that Mrs Crocker was nurse.

Ellen Tiney, wife of defendant, deposed that Mrs Crophep was always in the house during her confinement. Did not ask her in, and being her own house, did not like to order her out, but Mr Tiney told her to stop away. Mrs Crocker did a little washing in a neighborly way. To Mr Smith: Mrs Crocker was present at the birth and did all that was required. Mrs Maister had been engaged to do the work.

Tho Ren oh gave judgment for plaintiff for £1 and costs.

BREACH OF THE MUNICIPAL CORPORATIONS ACT, J, D. Gore was charged with failing to Comply with the regulations of tho Municipal Corporations Act with regard to the removal of nightsoil. Mr F. Wilson Smith appeared on behalf of the Geraldine Town Board.

R. Annan, inspector of nuisances, gave notice to defendant to have a nuisance reiqqved by the town scavenger. Wont the next day and found that tho n"’ v ’ had been removed without t>- J , ll ' cu scavenge*. -- d > defendant, deposed that he not the money to pay at the time, and told the inspector to send the scavenger aud he would pay wlmn ho got the money. The scavenger did not come, and he (defendant) removed the full pan to the back of the closet and covered it up ready for the scavenger, and placed a new pan in its place. The full pan was there yet, ready for the scavenger to remove. ' He had not the money to pay iu advance.

Tho Bench considered that under the circumstances defendant had done all that he could to comply with the regulations, aud they advised Mr Smith to withdraw the case. The case was withdrawn. The Court then rose'.