RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3560, 25 May 1880, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before H. Kenrick, Esq., RM.) O. C3OMWELI V. JOHN LEYDON.

This was a claim for £20, proceeds of a sa!e of certain effects.

Mr Dodd appeared for the plaintiff. Mr Leydon asked for an adjournment because Mr Brassey, whom he had retained, was absent.

After some discussion the Court offered to grant the adjournment of the case upon Mr Leydon paying amount claimed and the costs. Mr Leydon offered to pay the amount of the sale, but could not afford to pay the costs out of his own pocket, as he only retained the money for the benefit of the children. The.case was was then proceeded with. „-■

Mr Leydon, sworn, deposed that he had sold certain goods and chattels upon an order from Mrs O'Halloran. He produced the account of sales. He had

ecoived a notice from the Mayor not to hand over any money. He had not received any notice from the plaintiff. He refused to sell unless Mr Cromwell gavo his consent. Had been asked by Messrs Dodd and Miller for the money, Mr Cromwell was present. He did not say he would not hand over the money to anyone until he had seen Mr Kenrick. Had never been asked for the money by Mr Cromwell. Had said he would not pay money to anyone whim several poor children were charged upon the Borough. Had refused to givo the money to Mr Dodd on Friday evening. J. A. Miller, sworn, deposed—He remembered going on Friday afternoon to Mr Leydou, in company with Mr Dodd, and asked for the money received from the sale of Mrs Cromwell's effects. He said he would not pay it to anyone, as it was for the benefit of the children. Witness knew a judgment had been obtained against the present plaintiff, when it rame out in the evidence that the goods now spoken of were the property of the late Mr O'ilalloran.

Cross-examined by Mr Leydon—-I cannot say whether I asked you on Friday afternoon for the money, although i remember Mr Dodo, asking you. In reply you said you would not pay the money until you had seen Mr Kenrick. I asked you on Saturday morning when you intended to pay Cromwell the money. You in reply said you would not pay the money to anyone except it was for the benefit of the children.

0. Cromwell, sworn, deposed that Mr Leydon sold on Thursday goods on his (witness's) account. Demanded the money from Mr Leydon who refused to pay it. Was present on Friday when Mr Dodd asked lor the money. Mr Dodd was acting on his behalf.

Cross-examined by Mr Leydon—l spoke to you about selling some goods my wife had ordered you to sell, and did I not also request you a second time. My wife never said I was not her husband, and you did not say that you would sell the goods on behalf of the children. I remember the first sale of Mrs O'Halloran's effects in Shortland, upon which occasion Mrs O'Halloran shut the door in my face, but subsequently I believe I signed your book as a witness that the money had been paid to Mrs O'Halloran. Mrs O'Halloran gave the order in the first sale, but I did on the second occasion. I asked you for the money on Friday in the presence of Mr Dodd. Mrs Cromwell deposed—At the first sale all my late husband's goods were sold. I told Leydon to send the children away to Dunedin with the proceeds. Mr Cromwell said " sell the things and let the children go or there'll be no peace." I cever asked Leydon for the money. I ordered him not to pay it over to Cromwell, and gave him the written authority produced.

This concluded the case.

Mr Leydon addressed the Court at length, mainly to the effect that he was retaining the money for the late John O'Halloran, and did not acknowledge Mr Cromwell in the matter at all.

The Court gave judgment for plaintiff with costs, £2 11s 6d.