RESIDENTS MAGISTRATE'S COURT.

Thames Star, Volume VII, Issue 2638, 22 June 1877, Page 2

RESIDENTS MAGISTRATE'S COURT.

.; THIS DAY. : _ (Before W! Fraser, Esq., R.M.) ■:" r ciyiL side. ■ ; ; JUDGMENTO FOR PLAINTIFFS. ■''.■ Wm. Wilson V. Tuiahana Ngatete.rClaiov£lß 9s 6d, goods, and costs, £2 10s. James Forgie v. H.-R. Jury.frfrClaim, £4 2s 6d^goods, and costs, 19s. A. and G. Price v. Ajax G.M.Co.—Claim, £47 8s 2d, dishonored cheque, and costs, £4 18s.Hewin Bros. v. Wm. Wood. —Claim, £6 Is Bd, goods, and costs, 235. F. Tetley v. Hata Paka.-C]aim, £48 8s 9d, board and lodging, and costs, £4 13s. Stone Bros. v. Ajax G.M.Co.—Claim, £50, dishonored cheque, and costs, £4 18s. Wm. Kelly v. Colley, services.—Claim, £9, and costs,, £2 4s. ■ . Judgment Summonses. j HEWIN BEOS. T. H. B. JUST I Claim, £6 14s 3d. Mr Macdonald for* the plaintiff. Henry R. Jury, sworn, deposed—l am the person against whom a judgment surn-i mous was obtained* I have not paid the debt, nor any portion of it. • ' \ :': By Mr Macdoaald—l never showed any bank notes-to Mr/Forgie. > I paid t\& notus you speak of to those who had a claim to themiV"3Jhadr£43 last month, and I paid £38 to my mates. This debt is not-Jo pressing as some others. The debt was incur ed while I was in Melbourne. I h&ve ibeeft in difficulties ever, since. -I- am at present working a contract with, some ntates. I willpajiMril^win as soon as possible. He stopped serving me,- a^d" IC^paid /thoseS whbHprpvided me with goods.first, v^ !.u In answer to the Bench defendant said' he would pay £1a xaonth. ..;-.■ JameaFbrgie^^w6rn, deposed—l am a baker^residing in Shortland. I applied to Mr Jury' when rhe'drew money from the Council,. He said Mr Hewin had summojed 'him '■to'■'■ Court, and he would pay the money if forced. I asked him if he would settle; with me, but he would ■n6t.;: ■:,. ;- t '■■-■'■ ■ •"" ' ■ .''. ''' that defendant pay month, failing so to do, to undergo one month's iiipriGcnneriV';- ': ■'"■'■•■ '■ '"] ;;;WM- MCDOWEiiI V. J. KEABNi-HAN. -Claim, £17 18s, board. . „ ; Mr Macdonald for plaintiff. : : ? Jv.; Kearnahan, sworn, depo.sed-r-1 am a "shbemaker/ rT'have been "working for Whitehead and McLeay. I' have been there aboui two'years, not constantly. ■ .By Mr Macdonald—Mr 'McDowell .never gave me ; the account, till: JE asked him. "He* gave' trie an" accduiit of: £16,' which I disputed. I did not keiepi an account.. . ; I never toldMr McDpwel,l,fiiat I was not paid "by McLeay^ 1 about 25s a week on- an average. I: do ,-not earn?£3ja.week.-,.*: V :,,y ,•.;■.'::. ?jV By Mr Brassey-^My board and lodging would cost about £1, beside other expenses, which would only leave -me 5s a week. ; Order that defendant pay ssvaweek, to .commence on iMonday,} 25thj ;or ona; month's imprisonment in Mount Eden. ;'* .:■:<••. Defended Cases. | w. s. Greenville v. ]?. skehon and OTHEBS. . Claim.^S^Sv -,'. .-. Jt \ ;Mr Macdonald for- plantiff: ■■ . '■ ■>" .'.'- '■■ - - W. S. Greenville, sworn, deposed—ln 1875' defendants 'came to me andasked me to crush 25 tons of quartz. Meek was the man that made the agreement. They got over 6ozs of gold. \ Felix S^ellpn deposed'-^-We dispute about the price which; -the stuff Wascushed at. The agreement was, if therei: were 20 tons crushed'it should be 8s per ton. On two "occasions I asked Mr Greenville to give me work :tbftw6^k the debt out, but he did n6t gi^me any. . ■By the Behch—'We neyet got a bill until we goi the summons. ■ : ;UJ^^: .;■-;■ .V Win, Meek de?p'osed-r-I' am ') '&\ ; miner, and mate of the last^witness.; '.t'fics"' summons was the fi^st^ndtibe^we'J'iii'ad- about the-debt. We saw Mr Greenville about the cjushing. :I, told' him. we, would have about 20 tons, whiclihe agreed to .crush for 8s per ton. When the crushing was finished we did not get a bill. .We. have never paid Unthank for. the cavi'iage of the quartz. There were only 13 trucks. Judgment for piaint'ff: against Meek and Skellon, 125,-arid cpsis^£2;4s; : ./;. ",' > '.; ; KENNEDy : Viv'MiI I LE'K. .;'_.. ~. l Glaim£si board.-- .-,- r : :/ : ••!■ i Mr Brassey for • plain tiff; Mr Macdonald for defendant. AlLwitnesses wereordercd out of Courts '•■■:■>■ j ': - ; : ■ Mr Bi'assey said, "the" facts of the case were; these •, On 'the evening of ;the15th or' 16fch of AugusJ la^t, ; defendant's mbther, who was given to; imbibing rather freely, was found in an awkward position at-the gate of hifrclient,, who had taken her jn, and at. the reqiuesl of the"': defendant lia d : kep'; herlfbr; ten weeks, for- whicH'the vevy reasonable^ charge of 10s per week had been made," and which defendant had failed to pay. James Miller, sworn, deposed—l am '■\e defendant in this case. I remember

the 15th or 16th of August. I have been working for Kilgour up the Kauaeranga. When 1 came down I saw Mrs Kennedy who told no tint she had to get the doctor {'oi my mother who had fallen 'down by her hou^e and hurt herself. The doctor charged 10s. T gave plaintiff 30s. I thought that my mother was a servant there at (lie time Of the accident. I made no offrr to Mrs Kennedy. ]3v Mr Brasscy—l did not hear ray mother say to Mrs E>tnedy: "Jimmy will pay." D,\vid Kennedy, "worn, deposed—lam the 'plaintiff in this case. Ou the evening of the 15th August, J&, ...Mrs Miller was found lying at our gate: "She was brought in and we kept her for 10 weeks. The woman was not constautly employed by me but she did Lorae washing. . ..

Martha Kennedy, sworn," deposed—l am the wife of the last witness. I remember the 15th August. My attention was called on that evening by two young boys, who said that Mrs Mil!er had broken her leg.; I'sent for Dr. Perston, as the woman, was suffering very much. The woman washed for me once a fortnight. I wrote to her son, telling him that his mother was injured; I told the-son about her when he came down. He saw his mother, and said if I would attend to her he would see me paid., I therefore allowed her to remain. She was with' us ten weeks, during which time she lived jij&t as ourselves. I bought her brandy, as she pleaded so hard for it. By Mr Macdoriald—Defendant agreed to pay when he found his mother would not go.

By the Bench —The 30s given me by defendant was not on account' of the maintenance of his mother. ,1 gave 10s to the doctor; I kept 12s which I had previously lent to Mrs Miller; and the remaining 8s I spent in buying some clothes,' she being without sufficientclothing. . ... Mr Macdonald said thera was no satisfactory evidence to show that Miller had made an agreement to pay for'the board of his mother. Mr Brassey contended thai, the evidence of Mrs Kennedy proved that the defendant had made a verbal agreement.

- His Worship said he had no reason to doubt that Miller had promised' to pay for the support of bis mother while suf-' 'fering—it would be only nature V for him. to'do so ;*he therefore would' give judgment for plaintiff. 'Judgment for;plaintiff £4, and-cpsts £2 15s. Court adjourned.