Resident MAGISTRATE'S COURT.

Thames Star, Volume IIII, Issue 1704, 19 June 1874, Page 2

Resident MAGISTRATE'S COURT.

" THIS DAY. (Before W. Fbasbb, Esq;, R.M.)

ADJOUBNED CASES.

Gourd v. Eavvden—A claim for wages. Judgment had been reserved to consider usages of carters' wages. Verdict for plaintiff, less 8s 4d.

I Hirk y. jDayis-rAdjoutfned from last |Court day" for consideration. Verdict jwas given for the defendant .and costs; and the witnMsMaher, who gave evidence last Court day, was ordered into custody by his Worship on a pharge of perjury.

JUDGMENTS.

In the following -eases judgment was given for: plaintiffs:—Hewin v. Gilligan —Claim; £Bll3s 11, costs £2 ss. f Lemi priere v. Tiller-r-Glaim- for goods, i£2 19s 4d, and costs 19«—ordered to be paid by: vreekly instalments of 5s j Erßinhey v. it Hales-^Dishonpred promisory note for £16, and costs, £19s;' ' ? ' '

•. - Defended Gasesv c. lawson v. /. johnson.

This was claim for £8' Us, work and labor." ; . .-.;-:■■••'- ■■■■■:>'' '■■':

. Mr. Macdonald for plaintiff; Mr. Tyler for defendant.

Charles Lawson stated—l am a miner and bushmah, and have been working for the defendant about 10 miles above the Waikawauy I had to put up a house for tb.9 defendant. I was to do it for £2 a week and tucker. I also split some shingles and palings to the defendant's order. I also helped load some boats, and charged 2s 6d each time, and, God knows, that is reasonable enough. J. was half starved, arid lived on flour and mussels, and cooked for myr.elf, but have allowed 8s per week. I kept accounts from the day I landed to the day I left. The entries were made day by day. The defendant has sold some firewood I had cut for him, and has not paid me. It plays the very devil. ■;:;;;: ;.;; s: Cross-examined by Mr. Tyler—l went to your office and asked you to take my case up. I did not ask you not to cross^ examine n?e in Court. The letter produced is in my writing, by golly. The account produced is in my hand:writing. I reduced the amount to enable the defendant to pay me. f never stopped in defendant's (a colored man) place. I would rather stop ajnongst the ii tree. I see you want to get my book out again. I split 1700 shingles, and the firewood I : cut was fit for the market. The defendant struck me on the forehead, and I made for his thins. 5 (It is no use to strike a^ black man anywhere else. When I'asked him for payment, he refused me. ; The defendant, sworn* I saw. the plaintiff sitting,in my house. He asked for work. I told him I was full-handecl; I ;am employed in; cutting firewood for market, j gave him a shakedown, and asked him £o havg ' break%Js n£xt*niarning. I afterwards oflferpd him .a jot>* h I split 1000 shingles, but did not agree tp : give him grub. It took him three weeks to do the job. I asked him how he was ; going to pay for his food. I told him he

ought not to impose on a poor man like me. I told him I would measure the wood. He had his meals with me up to the Ist May; I must confess that for three or four days during bad weather we had no meat, but plenty of flour, sugar and tea. , Cross-examined-—The plaintiff should have given me a few days' notice before leaving. Isaac Johnson gave corroborative evidence.

: Wm. Owen was examined —He stated that he was a kind of relative to defendant's wife. .(His evidence went to prove that bushmen only got from 2s 3d to 2s 6d par ton away in the bush.) John Lloyd, bailiff, said that when he served the summons he saw a lot of wood that had been thrown out from a slack of firewood. The wood thrown outVas evipently wood from a dead tree. Verdict for the plaintiff for £2 4s 6<f * and costs, £3 4s 6d.

BARNETT V. BAK. •A claim for £20 ss, damages for alleged illegal seizure. ; Mr Tyler for plaintiff; Mr Macdonald for defendant. Mr Tyler explained that Mr Barnett was the proprietor of premises in Eyrcstreet'which he had let through Driver to Booker and another. Mr Eae had made ? seA ZrUr^ of two horses and a 'bus,, which he (Mr Tyler) submitted was illegal. " : A. Barnett, sworn, said—l know Mr Driver. I let the premises, to Booker and others at 9s per week, and a week's notice. I left Mr. Driver as my agent. I ratify what Mr. Driver has done.

_Henry Driver, sworn—l am agent for Mr. Barneit; I produce my=authority.; ; On the 27th of this month there was £8 2s rentdue ; on that day Mr Ea» came to my shop, ; A little w,hjle after I saw Bae iathe , stable. Iheardhimsaj—Are ypu sure thisf istheir's. I want nothing but what is right! I lold Bae that nothing could leave the place till the rent was paid. Bae said you are too late. The 'buss and horses {were in the yard. I took hold of them and said these cannot go till the rent is paid. - Bae and a man got on the box and tried to drive away. I went and shut the gates. Bae asked who shut them. I said I did. Bae got off the, bus to open the gates. I then got on the 'bus and got hold of the reins. Bae opened the gates. This was after dark. - His Worship : Can you distrain after dark ? This is mid-winter. The Court adjourned till 2 o'clock.