RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2500, 10 January 1877, Page 2

RESIDENT MAGISTRATE'S COURT

YESTEEDAY.

(Before W. Fraser, Esq., R.M.) The Court resumed at 2 o'clock in the case J. THOMPSON V. BUTCHER. Mr Macdonald said they had been unable to settle the case. Some discussion here took place about the two claims in the plaint, and His Worship decided that it was not correct. They would confine themselves to the £4.

Mr Brassey said his defence was that his client and another were partly liable for the timber. His client had paid £4 7s 6d, and the other not paying, the plaintiff had tried to get it out of his client.

John Thompson, re-called, deposed—l know a man named Kennedy, and have been told that he had a share in Butcher's punt. Kennedy did not accompany Butcher to my knowledge, when he came about the timber. When the defendant paid the £4 7s 6d he said that I could look to Kennedy for the balance.

% Judgment for the plaintiff £4, and costs £1 9s. liEMPEIEEE V. DELANEY. Claim, 18s, poods. Mr Dodd appeared for the plaintiff. Mathew Delaney,' sworn, deposed—l am the defendant in this action. The plaintiff sent some porter to me and I did not order it. Some of it is there yet. I have used none of it. I have had none of it because I tasted it and condemned it. I sold none of it. He pressed me very hard to take it but I did not. I refused to take it. I did not try to sell it. I opened two bottles at Lempriere's own request. I told him I could not use it.

Philip Lempriere, sworn, deposed—l am a bottler. I sent some porter at his own request. About two months afterwards I presented him with the account, and he made some objection to it. I have been there about half-a-dozen time about it. The last time I went in he said he could not pay me as he had no money. I asked him to take some beer, but he said he would take 2 dozen porter. He asked me to take back the porter and I would not. ' ■ : '

Matthew Delaney, recalled, deposed— I hare heard what the plaintiff said, and I still say I did not order it. It is a falsehood.

Plaintiff non-suited without costs. MCLAUGHLIN V. EED QUEEIT'G.M.CO.

Claim, £6 15s 6d, work done.

Mr Brassey appeared for the plaintiff, and Mr Macdonald for the defendants.

Mr' Brassey said that the plaintiff had a contract in the minei He was to drive at a certain grade,, but with the consent of both parties the grade was altered. The claim was for per centage. Henry McCade, sworn, deposed — I am the manager of the Bed Queen mine. The plaintiff had a contract but abandoned it because the ground got hard when they had driven 27| feet. I overstepped my duty and even paid back to them their deposit of £2. I paid it out of my own pocket, as it were. They were paid for the work they did less their per centage. The amount paid them was £20 odd. They disputed the non-payment of the per centage, and I let them have the £2 which I had previously lent to plain-. tiff. The receipt is in the legal manager's office at Auckland. Before I lent him the £2 he said he would pay me back. I never paid them the deposit back, but let them off with the £2 I had lent to McLaughlin. Mr Macdonald addressed the Court to some length, and quoted cases to show, that a variation, of the contract did not vitiate it.

His Worship said he would not decide till next Court day. At present he' thought the decision, would be against McLaugblin, but he did not want to do the man an injustice. C. BINNEY V. £EBBY. Claim, £27 16s, damages. Mr Brassey appeared for the plaintiff, and stated the case. The action had been brought on partly for the detention of bullock harness, and for the harness itself. It sprung out of an action at the District Court, Mr Macdonald and Mr Brassey having struck out the items now sued for.

Judgment for the defendant with costs £2 12s.

. JUHY V. FOSS. Claim £10, damages. Mr Dodd appeared for the plaintiff, and Mr Brassey for the defendant. Mr Dodd said that a girl of the plaintiff's had been a servant at Foss's, and as she had left without giving notice Poss had kept the clothes. He (defendant) wanted 10s instead of the notice.

Henry B. Jury, sworn, deposed—l know the clothing. It belongs to me.

Order that the clothes be given up within 24 hours, and defendant pay the costs (£2 19s), failing that to pay £10. MCDOHNELI V. LENTON. Claim, £22 9s 6d, goods. Mr Macdonald appeared for the plain* tiff, and Mr Brassey for the defendant. Mr Brassey said that if the whole of the debts were paid at once Mrs Lenton would be left without means of support. The plaintiff in the other action had agreed to take £1 per month, and perhaps Mr McDonnell would do so too. Judgment for plaintiff for amount claimed, and costs £4 17s. • ADJOT7BNED CASES. The following cases were adjourned:— Knight v. Howard; Payne v. Wood; George V. Stewart v. J. McGeehan; W, Brassey v. K. Kennan; C. P. Quint v. Ajax G.M. Co.; Hewitt and Co. v. Hennelly and others. ' Court adjourned. -' '

THIS DAY.

(Before W. 1 Eraser Esq. R. M.) . . ASBAULI. Mary Mitchell was charged with unlawfully assaulting one William G. Scott at Parawai on the 6th insfc. Defendant pleaded not guilty. "William G. Scott, sworn, deposed—l* am a sawyer residing at Augusta street, Parawai. This assault took place on the 6th. Igot permission to clear out the water ■ table on Augusta street, and also a large drain between Mitchell's fence and the street. I cleaned it out and put the stuff in a heap on the drain, aide of the footpath. I was wheeling it. away when Mr Mitchell ordered me not to take any more away, but I did. The Parawai Board told me not to take any more away until they met, which they did on the sth, and gave me permission. On the day in question I began to more the stuff, and the defendant came and struck me on the face, and then took a shovel and struck me. I held up my hands to defend myself and she fell down. . Defendant 3aid she had got permission to remove the stuff. John Smith, sworn, deposed—l reside at Parawai. I saw this disturbance. I saw Mrs Mitchell strike Mr Scott, and tried to knock him down. She used foul language into the bargain. I was at the Parawai Board meeting, and heard Mr Scott get permission to remove the stuff.. The defendant tried several times to sit down, and seemed.filled with pious indignation at the witness. When she was asked if she had any questions she said "Oh, let him swear away." His Worship said he did not want to hear any more evidence. The defendant would be bound over to keep the peace for six months, her husband in one surety of £20, and one other surety of £20. Court adjourned..