DISTRICT COURT.

Thames Star, Volume XII, Issue 3798, 1 March 1881, Page 2

DISTRICT COURT.

THIS DAY,

(Before J. B. Macdonald, Esq., District Judge.)

His Honor said that as there was a case of absorbing interest; coming on in the court he would adjourn the court into the Council Chambers, which had been kindly placed at his disposal by His Worship the Mayor, it was best that the Court had been used for the hearing of tbe murder case, as there was a number of Maories, who would think it strange if the case was adjourned into a smaller court. He would first ask. the profession if they had any objectiou to the course he proposed ?

The legal profession made no objection.

His Honor drew attention to the disgraceful state of i he Court and the Judge's room, saying that if the former were a public house, no Licensing Bench would grant the renewal of the license. He did not know whether he had forfeited the comforts hitherto provided in the Judge's room, but; it seemed to him that the room was kept, more like a prison cell than anything else. Mr Brassey here entered and His Honor asked that gentleman if he had any objections to the adjournment of the Court ? Mr Brassey objected on the ground that he was engaged in this Court. His applications, however, His Honor could very soon deal wiih. In the case of Casey v. Alley Mr Brassey said he understood Mr Miller could not go on with tbe case, on account of not having sufficient time to prepare his defence.

Mr Miller said this was the case. Mr Urassey theu asked that the case should be adjourned. Tho case was adjourned until next Court day. SAiNSBITEY V. GREEN ANl> OTHEBS. Mr Brassey made application that the case should be withdrawn. Application grauted. [The Court then adjourned to the Borough Chambers until 10.30.] BANKETJPTCY. In the case of Samuel Strongman, of Coromandel, Mr J. A. Miller applied for an adjournment until next Court day. Adjourned accordingly. FBASEE V. MCLAUGHLIN-. in this case, which was a claim for £55 on a promissory note, Mr Miller appeared for the plaintiff, and Mr Cuff for.the defendant. Mr MiJier, in opening his case said that the action was brought against Ellen McLaughlin, on behalf'of her deceased husband.

Mr William Eraser said he resided at Tararu. He knew Mr McLaugb.li.ri who died at Ohinemuri on the' Christmas of '77. Previous to his dec.ase, he became involved in difficulties and witness becao)e security for the amount, of £47 8s Bd. Mrs McLaughlin is the widow of deceased. William McLaughlin had property in the shape of horses, cattle,'saddles, and other property. A bill of sale was written over his property in witness's favour. lv one iustance, cattle to the amount of £130 was sold.

Mr Cuft'objected to the evidence. His Honor'said the plaintiff's opinion as to the value of tha catcle should,' be taken for what it was worth. Witness to Mr Miller—Mr McLaughlin was not indebted to any person except himself aud Mr Darrow. The money was still owing witness. To Mr.Cuff—Being deceased's principal creditor, Mr McLaugblin had applied to him. He was asked to become guarantee. The guarantee was written out by Mr Murray. He had not the guarantee. He was not called upon to pay the amount during deceased's life. The amount was charged to his account. Witness wrote to Mrs McLaughlin, and she wrote back to say that she did not consider herself liable for her iiusband's debta. Mr T. L. Murray said he was manager 8.N.Z., Grahamstown. He knew Mr McLaughlin. Mr McLaughlin had an account with the Bank. There was an overdraft which, was guaranteed by the plaintiff. The defendant never paid the amount to plaintiff. The amount was duo by the plaintiff on his guarantee. To Mr Cuff—He could not swear the guarantee was in writing. Mr Mcllhone was not a party to the guarantee. He : ; could not swear that Mr Mcllhoue was called upon to pay part of the money. Mr JJarrow said he resided at Waitawetu, Ohiuemuri. He paid Mrs McLaughlin £84 9s for the cattle sold to him

by her. He gave her a cheque for the amount. This was the case, Mr Cuff said that he must ask for a nonsuit, inasmuch as there had been no evidence to show that Mrs.McLaughlin was the administratrix in the case. His Honor pointed out that this was not necessary. His Honor refused a nonsuit. Mr Cuff addressed the Court. His Honor gave judgment for plaintiff for £47 8s Bd, with costs £4 19s. Important Case,

DARLTNG- Y. EMMA TE AOURTT. Mr Miller appeared for the plaintiff and Mr Dodd for the defendant. Mr Miller objected to Mr Dodd's defence ou the ground that the defence had not been put in seven days previous to date of hearing. Alfred Preeee, sworn, said—l am a licensed interpreter, residing at Coromandel. I know a block of land there called " Wibou, No. 2." I know both the plaintiff and defendant. The block is 27 acres in extent, of which Mr Darling holds three acres. Towards October last I was acting as agent to the plaintiff, and John Blain was acting as agent for the defendant; I knew he was acting for defendant. He purchased the block for £2 per acre. Mr Darliug, Mr Carpenter, Mr Roleton, and the defendant were present when I concluded the purchase. That is her signature, and those are the signatures of the attesting witnesses. The document is in MLaori, and that annexed is a correct translation of the deed. The agreement was signed on board the Blanche. £30 was paid in advance on the signing of the agreement. Emma got the £30 immediately she signed the agreement. She both read it herself and he read it to her. Some time after he applied to her at Whakatewai, and tendered her the balance of the money for the purchase of the block. She wanted him to take the deposit of £30 back again. She offered "a portion" more if she could get clear of the contract. He told her he could not do so. She refused point blank to sign the conveyance. She said, " She would never sign it." Mr Carnell and Mr Foster were present at the time. He had charged thirteen days, at £2 2s per day.

His Honor remarked that it would not take 12 days to make out the conveyance. Witness said that he was absent five days at Wakatewai for the purpose of getting the conveyance signed. She refused to complete the transaction. He went from Coromandel to Wakatewai, and took Mr Carnell with him to attest tbe signature of defendant. He had lived in. Coromandel upwards of 20 years. On the 20th November the land would be worth £5 per acre. That is owing to circumstances that occurred on the Tiki side. The value of the land has been steadily increasing ever, since the breach of the contract. The land would be worth £8 an acre in January.

To Mr Dodd—There was ho arrangement between the parties as to the purchase of the land before I had been talking to Darling. Mr Darling said the defendant never handed the witness the Crown grant. He saw the defendant sign ihe agreement; she seemed thoroughly pleased with the terms of the agreement. The land-men-tioned in the agreement has increased in value, since the time the agreement was signed. He had lost the difference through the contract not being ratified. He had paid money to examine the title. He had been ready to complete the agreement.

To Mr Dodd—Charlotte received the £30 on account of Emma. The money was not lent. James Carnell said he was a solicitor practising at Coromandel.

The Court—You better ask the reporters to take " living at- Coromandel." Witness—l had often business to do. The defendant said she would "never' never, never," sign the document. I saw her subsequently and she still refused to sign it. I know the land in question. Some of it recently doubled itself in value. In January, the land was worth £7 £8 per acre. To Mr Dodd—l would give £10 an acre if I wanted it. George Foster said he went over to Wakatewai. He saw Emma throw some money at Preece, and heard her say, " Take your money, you thief." This she said in Maori. To Mr Dodd—There was nothing said about a loan, while he was present. This was the case for the plaintiff. Mr Dodd addressed the Court on behalf of his client. His Honor said he should defer judgment. Mr Miller argued that the Court should not take any notice of the 81st or 87th sections of the !N"ativ« Lands Act. His Honor said he would adjourn the case until the next sitting of the district Court in Auckland, where he would give judgment. His Honor fixed the costs at £37 18s. Court adjourned.