RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XIII, Issue 4253, 18 August 1882, Page 3

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Kenrick, Esq., E.M. WIFE PESEBTION. Charles Jones was charged with failing to provide for his wife and four children. Mrs Jones said tbat her husband had promised to support her. - Case withdrawn, Jones promising to contribute as his means would allow in future.

CIVIL SIDE. CLABKE V. HANIAN. This was an adjourned case. Mr Brassey accepted a nonsuit, in consequence of being unable to obtain a material witness. Costs, £l 9s. Judgments foe Plaintiffs. b. n. smith v. p. tvhelan. Claim, £3 3s 2d, goods. Costs, 7s. B. N. BMITH V. H. FABBEILY. Claim, £4 7s, for good*. Costs, 7s. Judgment Summonses, andrew buenß v. wm. white. Defendant deposed that be went to Auckland and Sydney in search of em ployment. Paid £1 for his paisage to Sydney, and worked his passage back. Did aot obtain employment there. Took £3 with him, and came back with Is Bd. Havavnot been drinking, but have been the worse of liquor two or three times. Works at stove-breaking, and eerns £15s a, week. Three of his dx children are earning a little, money. Thomas JBawdon, Foreman of Works for the Borough Council, deposed that defendant was paid in March, and April four and two days' work respectively. He did not come to work after tbat. He was a good workman. Witness thought he was a Good Templar at one time, but broke out. White is not as good a breaker as he used to be. Four breakers average 10s a day each.

George J. Lawlor, manager of the Pjrites Reduction Worts on the Karaka, deposed that two boys of Mr White are working for him. One gets, when he works full time, £110s a week, and the other £1. One is aged 16 or 17, and the ofhrr 11 or 12 years. Plaintiff deposed that if White had freen willing to pay he could have paid before row, and since be came back from Sydney he had been the worse for liquor severnl tiroes. He had threatened repeatedly that he would rather go to prison than pay. Hiß Worship said that it appeared that White would not pay unless compelled to do so. He was able to earn 10s a day. He would adjrurn the ease for a fortnight to enable him to make some arrangement »nd pay off something. If he went to prison, that would not wipe off the debt, he would still be liable for it. Employment is plentiful just now, and he knew this, as forfy miners are required at Te A rob a at 10s a day. Mr F. C. Dean informed the Court that White had only earned £818s 6d in eight weeks. Stonebreaking wes poorly paid, not mere than 5s or 6s being the average. O_nly Clarke, the best breaker on the Thames, earned about 10s.

■'|S'^'"' ■• JAMES SAT T. JAMES MANN. "•'""Mr. Miller for plaintiff. The original debt was £10, and £2 bad been paid off. . The defendant said this was/a debt between five, and be thought the plaintiff bad acted deceitfully, as be had told him be would not press it. He is building a boo Be for Hone Nahe at present. The contract is about £120 for labor, of which he had received about £70. Would finish in about three weeks. Built a house for Mr Walsh at Owharoa a short time ago. The contract was £345. Had not settled -with the Owharoa contract, there being £30 coming to him ; it ruined him. ■'"■,'■;.. V - . / :',..:.■'■■■ .. Order made that he pay £8 12s 6d in two instalments of £4 each, the first to be paid in a month, and the second within another month, .with an alternative of 14 days' imprisonment. WiLKEB V. HICKS.

This ease was adjourned for a month to enable defendant to pay something in the meantime,

- ' Defended Cases. B, DAVIS V. JOHN BUTCHEB. Mr Brassey for plaintiff. V Claim, 7s, value of spade. Col. I?ichard Davis, of the United States army (popularly known as Shang* hai)i deposed that he is the proprietor of the Kopu wharf, and that he obtained a very particular and peculiar spade from Mr E. Carr two years ago. He lost it from near where he was ditching in May. It was not more than 500 yards from Butcher's house. He applied to Mr Butcher for the spade through Mr Trautman and Mr Eolleston, as he and Butcher were bad: friends, and he wished to keep the peace. Never asked Mr Butcher for for the spadei

John Butcher deposed—The day before he received tlie summons he was using a spade which they pretend to own. He bought it at Gudgeon's four years ago. The boy Brown came and asked for Davis' - spade, and picked out a spade, saying it was Shanghai's. He said, "You young rascal, if you tell such a lie as that, I will make a mark on yon that you won't forget." He had not the spade, and knew i-- nothing of it. t .

st_ ._. \ym.--Brown,-*a lrfd, deposed to going to 'Butcher's .for Davis' spade. Butcher showed hiQKiine,. which he thought was Davis'.. (WittfesV/.^escribed it.) He could identify j^ivis' * spade. Butcher offered Mm .^f?P spade, and afterwards said if he accused, him of stealing the -spade lie would visit him with vengeance bo dire as to be unmentionable, conse- * queritly unprintable. It was worth about Js6d;

Wm. Trantman deposed that in the 'course of conversation Batcher said he had picked up the spade on the banks of river years ago. James Sydney Rollestcn corroborated ■ the foregoing witness' evidence, and de~ i scribed the spade ; the spade was only half „a spade He had worked with it a little, J but it was too weak" for him, so he threw it away. The boy asked Batcher for old *~Shang's spade. Witness corroborated the iad's evidence m to the threat used. Ho "defendanfcs-I was present when the boy came. •-. . i-r ...Defendant-^You are a false man. Witness*-The spade is worth nothing; I would not Kite twopence for it. His Worshipl said it was virtually the boy's evidence against Mr Butcher's, as the last witness only knew the spade was very like Davis^ aoc th& others had not seen it. Case dismissed. rr^rißoort. adjourned. ;