RESIDENT MAGISTRATE'S COURT.

Thames Star, Volume VII, Issue 2532, 16 February 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before W. Fraser, Esq., E.M.) VAGBANCY. . Mary Brown wasoharged with having no lawful visible means of support. Mr Sub-Inspector Bullen stated that defendant had just come out of the hospital. She had promised"to go to Auckland, but there was no boat to-day. Eemanded till to morrow. - CIVIL SIDE. JUDGMENT FOB PLAINTIFFS. In the following cases-judgment was

given for the plaintiffs withj costs :— Payne.v. Wood. Claim, £6, goods, and costs, 19s. Vickery v. Geo. McDonald. Claim, £8 ss, and costs, 235. Hewitt and Bro. v. Mahoney. Claim, £11 10s 6d, goods, and costs, 295. Macdonald and Miller v. R. J. .Moore. Claim, £5 17s 4dy professional services, and costs, £1 14s. Whelan'v. Wilson. Claim, £10 7s lid, balance of account, and costs, 295. Bobbett v. Gillett. Claim, £6 16s 3d, goods, and costs, £2 4s. Bennett v. Ross. Claim, £3 15s 9d, goods/and costs, 19a. James W. Anderson v. T. Burton. Claim, £1 7s, work done, and costs, 19s. Stone Bros. v. D.. Tookey. Claim, £17 11s 6d, goods, and costs, £2 10s. Judgment Summons. win,chcombe v. penehamine tanui. Claim, £19 15s lid. " • Penehamine Tanui sworn, deposed—l am, the person against whom Winchcombe and-his wife obtained a judgment. I got: one summons. 1 have not paid anything. I am a lawyer; but I only get small fees, and not sufficient to pay Winchcombe. I have no horses or cattle. I came from-Mercury Bay on board the steamer.: I came over here on business. The Government owe me • money, an^d I am to get it through Mr Mackay. I object to some of the items in the new summons. I will give you (Mr Macdonald) an;order for the amount. . ;

The defendant made out the order, and Mr Macdonald-said he was satisfied.

MCDONNELL V. POWEB.

Claim £11 3s 3d, share of contract. Mr Macdonald appeared for the plaintiff, and Mr Dodd for the defendant.

Mr Macdonald said that the set off had only been, filed yesterday, and, they had had no notice of it. , The action was to recover the plaintiff's- share in a joint contract. ■

Roderick McDonnell, sworn, deposed-—. I owed Power 7s on July for grog, and I had only a few shillings' worth after that. The set off is for grog. I did not treat anybody, and could not have used such a large quantity as is stated. I took chiefly schnapps or gin, one or the other. I don't exactly know what I owe, but I swear I: don't owe him more than £3. I sue him for my share of a contract.

. Maurice.Power, sworn^.deposed—l am the defendant in .this action. I know McDonnell, the plaintiff. He is indebted to me in the amount of the set off filed. The items in the set off are true in every particular. The set off is for goods supplied to McDonnell himself. I lent him; cash.' Several of us were building a house: at Ohinemuri, and McDonnell contracted the debt then. I have nothing to show that he owes this money here, but I entered the different, items in a book, which is at my lodgings. . . His Worship said he would strike out the £3. ■■"-. ' . ; • -■;.'■;•■. '' ' Judgment for plaintiff £8 3s 3d, costs, £9 i3s.- ■■'.; . : ;-;■ ;; BETAN r.. GRIFFITHS. ' ,v ; . . . Claim, £10, damages.

Mr Macdonald appeared for the plaintiff, and Mr Campbell for the defendant. ' Owen' Griffiths, sworn, deposed—l am a cab proprietor living in .Grahamstown. On the Ist January last I was driving an omnibus between Grahamstown and Tararu.. I was just across thebridgeat Boundary Creek going to Tararu. There was a spring cart in front of me, and there.might. have been cabs in front of that. The vehicle I was driving was much heavier than any other on-the road. Bryan's cab touched me. A boy was running behind Mr Chrke's cart, and when Bryan came up he turned round to whip the boy, and drew the horses into me" towards the sea side of the road. ' I sting out to him to look out. He had no control over his horses as the reins were slack. The road is very narrow. I was as careful as possible, and was well on my own side of the road.. Bryan is a careful driver. .He was on his Own side of the.rbad. Ihave met .other carriages on that part of the road. I pulled up as soon as I saw him running into. me. Subsequently I said to Mr Vidal that either ;one of us might: have bpen on the wrong side of the centre of the road. There is a sharp dip | from the road to the tramway on my side of the road.' , . I

Joseph Bryan, sworn, deposed—l am a cab proprietor. The collision took place near Leith's store, and not near the place where Griffiths says it did. At the time of the collision a man named Meachem and another person were on the box with me. I don°t know the other man. I saw Griffiths' omnibus coming, and before it there was a small 'bus belonging.to me A boy was hanging, on behind; it, and I made a smack at him. Mr Griffiths was 30 0r.40 feet away at the time,'and.l was well on my side of the road when Griffiths collided with me. Griffithshad two-thirds of the road. The next day I went with Vidai to Griffiths, and he said he would pay half of the damages. He said ■ I should take it to West's, but I wanted to take it to Mackie's which I did. He acknowledged that he was a foot or so over the• road. The cab was in'his hands for a week, and I lost the work for a week, and I would have earned at least £5 15s. It; costs me £3 per week to keep the three horses. The marks are on the'naves.where his wheel hit. . .;

By Mr Qampbell—l am quite sure of the position of the place where the accident took place. I showed the tracks of my wheels to Phillips some days afterwards and they were twelve yards from the rails of the tramway. The man who was riding on Mr Meachem's off-side did not say it was my fault at the time of the accident, nor did he advise, me not to subpoena him. Griffiths said that Mr West would repair the damage for a few shillings. I showed him where the spring was broken, and he said that he did not believe that the blow broke the spring. I took the carriage to. Mr Mackie on the Wednesday after' New; Year's Day. I used it after the accident. I don't think I took any fares on Tuesday, though I might. .Griffiths said I had done as much damage as he had dqne to me. ' I never advised him to keep in bis cpach on holidays.-. By Mr Macdonald—My wheel was a long waydown the side of the road. His wheel was about four feet 'from the * railroad iron, and he could have come over it if he had wished.

James Mackie, sworn, deposed—l- was employed in the early part of January to repair a cab.. It was a total wreck, all the springs being torn asunder. The springs were broken and both of them had been broken within a short time. Plaintiff brought me the cab on the 2nd or 3rd of January. I was working double hours." It went a\vay unfinished on Saturday night, and it came back on the Monday to be finished. I did not examine the cab before the collision. .

At this stage the Court adjourned till two o'clock. •