MAGISTRATE’S COURT.

Temuka Leader, Issue 2770, 31 January 1895, Page 2

MAGISTRATE’S COURT.

Temuka—Tuesday, January 29, 1895. [Before 0, A. Wray, Esq., S.M.] CIVIL CASES. J. Sim v. J. H. Brosnahan—Claim 4s. Mr Hay for defendant. This was a case of which a rehearing was granted at the last Court day. Plaintiff reiterated the statement then made: That he sold a clock to defendant for 11s; that defendant represented that ha was about to hie his schedule, and on that representation he (witness) agreed to accept seven shillings in payment and gave a receipt in full. Witness found that defendant was in comfortable circumstances and had not hied his schedule, and he therefore applied for the four shillings. He brought the present action because he felt he was being swindled. Mr Hay cross-examined with the view of testing complainant’s memory as to facts.

J. H. Brosnahan gave evidence as to the purchase of a clock for 11s 6d. He paid for it subsequently. He never said he was going to hie, but only complained that times were bad. The receipt was given in full. He never gave seven shillings at all. He gave plaintiff a halfsovereign and a shilling. Plaintiff’s statement was false.

By plaintiff: You did not tell me I had a receipt in full. I deny saying that I had a meeting of my creditors. Cannot recollect telling you to look at the papers and you would see my name among the bankrupts. , , His Worship said that if there were any other evidence as to only seven shillings being paid »be plaintiff might have recovered. As it wasj however, it was a case of oath against oath, and defendant supported his statement by a receipt in full for the amount. Under the circumstances the plaintiff would be nonsuited. maintenance, Mark Woodley waa charged with failing to provide for the illegitimate child of Frances Armitage, of which he was the alleged father. Mr Hay appeared for informant and Mr White for defendant. Mr White stated that although his client had doubts as to the paternity of the child, yet he had advised him that in view of the evidence which was to be brought forward he should admit it aud allow the court to fix the amount to be allowed for maintenance. The defendant, a farm laborer, aged 23, was then examined as to his means, after which his Worship made an order for payment at the rate of 7s Gd per week, aud £5 3a confinement expenses, with solicitor’s fee, 20s.

ALLEGED THREATENING LANGUAGE. .Alexander Beattie was charged with using threatening language towards John Howe, in consequence of which it was prayed that he (the defendant) might be bound over to keep the peace. Mr White for informant, Mr Salmoud for defendant. J. L, Kowe gave evidence as to the defendant accosting him and asking him why he had shown a certain letter to his (defendant’s) father. Defendant had said “ You are no man,” and threatened him. The letter was addressed to the stepdaughter of witness. Witness read it and showed it to defendant’s father. It was signed by defendant. The letter in question was handed to his ■\yorship, who was advised not to read it aloud.

Witness’ examination was resumed: tie was in a hotel when defendant called him out and threatened to lay in wait and mark him (witness). Witness was afraid that defendant would injure him, and he accordingly asked f«>r sureties. <sv Mr Salmond ; Was not Jiving with his wife a.'.'d family now. The Je't.er was addressed to his step-daughter, and was handed to him at the p ua t ollice. Lie opened it by mistake, and read it. He took it homo and road it to his mother and daughter. iXe read it through without a blush. Had also read it to defendant’s father and perhaps others. Did not show it to everyone lie came Defendant offered to light if '« vruuld come put. Witness went witnos- * ♦He Seriously thought away out oi ... ' : -re him. defendant would uij.. defendant i By His Worsi ip : Had ran. ♦ j since, and he had made no attempt .. molest him, *

Mr Salmoud, for the defence, submitted that Rowe’s conduct was wrong, audamouuted to considerable provocation. The letter was certainly one that ought not to have been written, but that had nothing to do with it. In opening and reading it himself, and afterwards to bis wife, strp-daughter, and others, he was not acting in the best interests of his family. The whole conduct of defendant showed that he was actuated by malice and ill-will As to the threats used they were simply the wild words that would be used on the occasion of a row. There was really no reason to imagine that the threats would be carried out, or that plaintiff feared defendant in any way. He confidently asked that the case be dismissed.

His Worship preferred to hear the defendant’s evidence.

Alexander Beattie gave evidence as to writing a certain letter to Miss Rowe. In consequence of what he had heard he went to the Temuka Hotel, where complainant was living at the time, and invited him outside. He told him he had no call to show the letter. Complainant said he had a right and had shown it to witness’ father. Asked him then to come out to the back and he (witness) would give him a “ hiding.” Complainant went back into the hotel, and witness followed and called him “No man.” The housekeeper made no remark. There was no noise and no violence. Had seen complainant several times. Could have assaulted him if he liked. Rowe never seemed to. fear him.

By Mr White : Did not go purposely to the hotel to see r Mr Rowe. Knew Mr Rowe had shewn the letter to Mr Swaney. Did not know at the time that the letter had been shown to his father. Did not threaten to lay in wait and mark him. By His Worship : Had never any intention of injury to the complainant. Considered him no man to show the letter about.

His Worship said it was as filthy a case as had ever been brought into court. It reflected no credit upon either party, The information would be dismissed. Mr White said the information had been laid before he was consulted.

Mr Salmoud applied for a return of the letter to the owner. It was in the hands of the court.

Mr. White objected. The letter was simply produced in evidence and was not at the disposal of the court. His Worship said ho had no power It was an objectionable letter and would be better burned.

Mr White offered no objection and the letter was duly consigned to the flames. The court then adjourned.