DISTRICT COURT—This Day.

Thames Star, Volume XIV, Issue 4444, 3 April 1883, Page 2

DISTRICT COURT—This Day.

(Before His Honor H. G. Seth Smith Esq., District Judge.) Tairua Gem |G.M.Co.—A winding«up order had been granted against the company, and Mr Miller applied for the sanction of thfi Court to the appointment of a liquidator. Granted.—The creditors must prove their debts before the 3rd May next.

Garvey v. Ema Te Aoura.—An action to recover £75, the amount of two dishonored bills.—Mr Miller appeared for the plaintiff, and asked that the case be adjourned to next Court day to enable an error in the affidavit of service to be rectified. There was no appearance for the defendant. The case was adjourned until next Court day. .. .. DONNELLY V. CAMPBELL. An action brought to recover £79^3, for services rendered, &c. This cage had been previously heard and fully reported by us, and the plaintiff had obtained a ! verdict for £86 193. Upon application the defendant obtained a new trial before a jury, and this now took place. Mr Miller appeared for the plaintiff. The following" were the jury:—Messrs G. Black (foreman), C. E. Bull, W. Burton, and C. Buckland. P. K. Donnelly, sworn, gave similar evidence to that given by him ati the previous hearing of the case, to the effect that at the request of the defendant he had gone to his house and afterwards attended him as a "body guard," as he was in fear of being attacked, owing to having taken steps for the removal of Mr Mcllhone from the positiou of Inspector of Miners' Bights. The witness also at various times went on errands,- chopped wood, did sundry "odd jobs "about his house, tmd went to Owharoa, Otunui, Hape Creek, and Macaia; packed up his furniture, and had also spent a week in endeavoring to obtain a letter written by Campbell to Mcllhone's wife, which he wanted back. .

The witness was subjected to a lengthy cross-examination by the defendant, but nothing of particular interest was elicited by-it. - '■' ■■■ ; . ■■■-■■'■■:- ■i M 'i-r .

Ec-examined by Mr Miller—What, he hud done had been of great inconvenience iy him, and at the request of the defendant. ' ■■■■.•

Mrs M. A. Edwards deposed that she lived near Mr Campbell in Walter street. Knew the plaintiff. Saw him frequently at Mr Campbell's house chopping wood, digging uptrrjs, cleaning the chimney, shingling the house, &c.

Daniet Tookey, a native interpreter, knew the parties to the case; had seen them frequently together; they had often called on witness together, and always on Mr Campbell's business. It was quite possible that Donnelly came with Campbell about other land as well as the JVlanaia laud. Campbell said if Donnelly approved of the Mauaialandhe would purchase it. Ey Mr Campbell—He was under the impression, from what was said, that Donnelly had an interest in the land. By Mr Miller—He got the impression tbat Donnelly, was going with Campbell as a proti ctor from remarks by Mr Campbell. ltobert Stackpool, sworn, deposed s He frequently .saw the defendant and plaintiff 1 together, Went with Campbell as a protector. One night Campbell got witness to 50 with him up the Hape Creek. Donnelly was then at Waihi. j By Mr Campbell: He did not charge for going up the creek with him. He went because Campbell was frightenedHtSpkorima Potutara deposed that he sold some land to Campbell, and on each occass'on that Campbell came about it, Doane'.ly was wil!i him. When he asked Campbell for the money, he told him <"> wait till "be had soon Donnelly. From this he inferred that they were partners. John Blaio deposed that several times I Camptell a^ked him to walk withh;m for protection after he was attacked, but he declined, and Campbell then said he woald have to get Doanelly. Campbell had said to him once or twice, when Donnelly was with him, "Thisis my protector; yon wounld'nt go." He assisted in the negotiations for tl c land at Maeam, but when he went to Campbell for p-yment, that genrletnaa a?ked him to forego his cla^m, as Donnelly was not able to pay much. He had seen Donnelly working at Campbell's house, and they were nearly always together. This closed the we for the prosecution.

For the defence, H. E. Campbell de» posed that he had krowa plaint'ff for a nrTiber of ye^rs. Witness foand that he was 'D difficulties, a^d helped him, and rfter that Domelly was very often at his house. He had never engaged plaintiff as his protector, and had oiten p-ad him money for things he had done tor him. He j was always willing to pay for these ; services, bat Donnelly said witness had iiready done so much for him f.iat he ould not charge anything. The cutting i the wood was done of his own free will. Paid him each time for his Lips to Oiuntri aid other places for his time and expenses. He had never heard of this clainarsntil Mr Miller wrote to him claiming a sum for services rendered. la the meantime had settled wiLh Donnelly for wages at 9s a day, and not a word was said as to any other clpim. The plaintiff was always perfectly satisfied. Had assisted him in various ways by services and others, and bad lent him money. With regard to tbe Manaia land, he went to inspect it for the defendant, and Donnelly had frequently offered to purchase the same land from him (Campbell). The plaintiff commenced his intimacy long before any attack was made upon Campbell, and it was kept up entirely for the recreation of Donnelly, who seemed partial to the defendant's company, and not at all by witness' request. < ross-examiued by Mr Miller—Had purchased a revolver and afterwards a gin. • ' [Left Sitting.] ,