RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3819, 25 March 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Kenrick, Esq., E.M.) ASSAULT. John Eoss was charged with assaulting one Michael Byan at Whangamata. The evidence of complainant and a witness, Eeady, had been taken in support of the charge. Mr Miller for the defence referred to the evidence taken yesterday which showed the assault could not have been a violent one. ,■ John Eoss, sworn, deposed—l am the defendant, and know Eyan. He did some ditching far me. When I came into the house on the day in question Eyan and Eeady were there. The former presented his account, and I told him there was no need of an account; I knew what I owed him—eight chains at 5s per chain. He likewise wanted me to pay him a week's wages, which I refused to do 1. He then as good as called me a liar,"and I ordered, him out. I then tried, to put. him out. I did not strike him. V His Worship said there was no doubt an assault had been committed. Defendant would be fined 5s and costs. SLY GEOG SELLING. John Eoss was charged with permitting liquor to be sold to Michael Eyari^enot. being the holder of a publican's license. Mr Miller, for the. defendant, applied for an adjournment till tomorrow, to give him time to look into the law on the case. His Worship sai4 he could not grant an adjournment unless sureties were giyen for defendant's appearance. ' Mr Miller said that he objected to do that, but he would guarantee defendant's appearance. After looking into the case

he might advise defendant to plead guilty. He was - willing to take the evidence adduced yesterday. Sergeant Major O'Grady's said he had some fresh points to adduce. 'Michael Ryan, sworn, deposed—l paid defendant for the third or fourth drink. The barman was defendant's servant, having been brought from Shortland by the defendant. Ross was in occupation of the premises on the night in question. By Mr Miller: The first time I went to Ross's, defendant went to the bush to get some money. I wasn't tipsey whenl went to defendant's place on the 19th. I hadn't tasted it for months previous. His Worship then adjourned the case till to-morrow morning.

CIVIL SIDE

Judgments foe Plaintiffs. In the following case judgment was givea for the plaintiff, with costs —Bird v. Maher, claim, £2 10s, dishonored order; costs 7s. J. MAKSHALL V. H. VAUGHAN. Claim, £915s 6d.—Case adjourned. WILKIE T. BB4.BSEY. This was a Dunedin case, it being necessary to take Mr Brassey's evidence under the Evidence Act. ' G-. N. Brassey, sworn, deposed—lam defendant in'this action. About the cud of 1879 three volumes of the Jurist were supplied to me on order sent to plaintiff by me. On examination I found one of the books was defective, and on the 16th October, 1879,1 wrote to defendant. I put a copy in, evidence. In that letter I complained of some of the pages being soiled. I posted the letter to the plaintiff and awaited his reply thereto. I do not recollect receiving a reply, and have been waiting to see what plaintiff intended doing. During my absence from the Thames on. January this year I received a letter enclosing statement of account and requesting a cheque for the amount. I replied, and had previously returned volumes to the plaintiff by the 1 s.s. Te Anau. They were of no use to me being soiled and defective while some of the leaves were missing.

Adjotxkned Cases. The cases Bennett v. Barrett, Bennett V;. Jones, Alley v. Hickson, Bolleston and bon v. Quadri were adjourned. Judgments fob Plaintiffs. Endres v. O'Halloran, claim £1, cash lent. —£1 had been paid into Court.— Judgment for costs incurred in bringing the action amounting to 19s. Renshaw v. Seagar, claim £15 5s Id, goods.—(Defendant had sent £8 since proceedings had been taken.) —Judgment tor £7 5s Id and costs £115s 6d. ' Hansen v. Edwards, claim £15 17s, promissory note. —Judgment for plaintiff* with costs, 19s. Vaughan v. Dowd, claim £1, balance of account, and costs. DEFENDED CASES. Eyan v. Boss. —Claim £3 19s, wages.-— The evidence of plaintiff was to the effect that hie had done six chains at 6s per chain, and worked one week in defendant's store.—The defendant deposed that the price agreed upon had been 5s per chain, and plaintiff had only done four chains. He only owed plaintiff £1 3s 6d.—Judgment went for 5s in addition to the £1 3s 6d paid into Court. Parker v. Hone Nahe.—Claim, £7 Bs, carting done, etc.~Mr Miller for plaintiff. —Afterl hearing the evidence, His Worship gave judgment for plaintiff .for amount claimed, cost's £2 10s. '

Ver'rall v. Onyon and Spencer.—Claim, £8, rent of the s.s. Memsahib.—^Mr Miller for plaintiff, and,Mr Brassey, for defendant. ; :,.-

This case was being heard when we went to press. .'•■,.