RESIDENT MAGISTRATE'S COURT.

Tuapeka Times, Volume I, Issue 50, 23 January 1869, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before W. L. Simpson, Esq., R.M:^ Saturday, January, 16th. | "William Cairns from Tuapeka Fltf, was taken into custody as being liip to do himself some harm. "Witness having been examined, Drs. Ste-tffft and Halley visited the patient in |gl. He was removed to the Hospital 1 ir one week. "Wednesday, 20tli January. Clauk v. Herbert. — John Clsrk j charged John Herbert -with havig obtained from him an order for £4*Ds on John Tuckey, on 30th Noveinfer last, with the intention to cheat ;.jad defraud. { The Bench asked the prosecutoi il he was to conduct tlie case himself, or were the police to do so. | Prosecutor elected to conduces own case, and requested to be all< r ed to make a statement. John C a*k, being sworn, deposed — I am abw ier, in Lawrence. On 30th November Ist, I called upon Mr. Herbert abou :he settlement of an account due to bifcby Clark and Co., brewers. I told hfa I was in a position to pay him 7s. 6d.in the pound, if he would give me a $ar receipt. He then said to me thathe would not take less than 10s. in|fre pound in payment of the account, pfo turned to nis book keeper and askd him to look up the account. Tie books were examined, and the cldk said the amount was £9 Is. 6d. ; lit the order was drawn for £4< 10s. ]:- fore I signed it, I asked for a rece it in full. He answered, I must i c Tuckey first, to see that the order i genuine — then I will give you a receij ; so as to square your account. lll. 1 wrote on the order, and then I signt i it. "We arranged then to go to Tuckey i and see about the matter. Mr. He ■ bert went to Tuckey's house. "Whe he camo out, I saw him ; he sa " Clark, the money is all right, and 1 owes you more than that ; but he a very particular man with me, and wants your signature attested." Ith said that Tuckey had often seen n a signature. Mr. Herbert said : "Nevw mind, we will draw out another orda* in the Masonic Hotel ; Dr. Stewart * there, and he will witness your sigii^ ture." I agreed to do this ; and on rrt i way to the Masonic, I said where/ j the first order. Herbert replied : "U jj I destroyed that coining along, os/Jj was of no use, your signa,ture not b«i atteßted."^"Went into the Mns^H and Mr. Irerbert wrote out the asked me to go int^^^/ppffekj

TiTS^ii"*.* j yoJ account against eflk and Co. ta :tf» It^bo. Jeeves l Tlz^tlod^ 1^ tool place on the 30tn£cm0erun X thefcext day I became fainted with J thfact that the acci<& committed ftAct with which he Jww charged, g I Hve been in Lawrcucl continuously ?? cv* since. lam awie tiat there is i rtsident Ma^strate ywtys in Law- f a fcsiaent lviagistiaw pvj m refee. The reason vW ia *n« T ™ tl TS^^SM^S^ W n| settled with lucKey mtii tne mn fe be!, bfcgU deposed: ]fm Clerk of the Court Lawrence. H f n-oduce.the proce#ngs in'the case t Krk v Tuckey • also, *ro orders Kbv Clark on'TackeV The vari^ H |ren Dy Liart on lucKey. van L documents have been mmy posses- t lon ever since. [John Tuckey deposed: I am a Irewer, residing m Lawrence. I re- J homber Mr. Herbert callmg at my m-*-" SSS^ST^"^ the first order given to meon 30th November. When Mr. Hobert presented the document, Ido lot recollect Bgnatiro to tlje document lagged to. cash it without anythng further being said or done. Oa the same evening I got another order of yours from Mr Herbert; that was also ciahed I think that I did speak to Mr^Herbert reearclin-ihis second Mr. Herbert regai am oms «, order SweaiMt came to my possession. Therewasnoiindetadmgbet^veen me and Mr. Herbjrt th^t m tne event of my having to W you the amount of the second ord* f 1 would be no loser thereby 1 those orders, except th.t handed them to me and I paid theu. Examined by police : I identify the | second order-at least it » very like |=S'£'SH» might have intervened A. Arrnsteong deposed :lam bookkeeper m the employ otAlessrs. u.erbert. IrecoUectSOthNo^mberlast I recollect Mr. Herbert afcng me to look up your account, amount a^xrr^£4^ «Oh, never mind; 111 do; it myselt. Your account was balanced in our ledger some ten days after 30tti November. Mr. Herbert, on the Ist December, gave[™*™^£™ your ™™**^^A^ZV[ m payment m full, and not by composi tionatlOs. • flirmicr|, ffca Examined- by police, through the Bench: I know how the account was St Tu^Slt c^ 0 WterSinithW man m the employ of Messrs. Herbert and Co. I remember the evening o 30th November last. I "»«"*«; conversation between Mr. Clark an Mr. Herbert on that evening Ido |. Heijert say that | -^ -cep 10s. m the pound I did not hear Mi Herbert say that he would give you ■ receipt. The words I heard were, 11 ■yp, 10s. in the pound and- notiun ■ I have had a convefsatioi^ about thiri matter^yo B B^i^B^i^B^i^B^i^B^i^B^i^B^i^B^

^gKr^SSiSffi n. Clark <»».**«™">.!„ H TtL^^^' Herbert then said, jnyg^ document to that WiH, you^ign j tert. £° m went into the hen lett t&em,^ auu nner room. Herbert joined me some ew minutes afterwards and said to & Bfccpy to him . iat he could not have believed he dbesUoneßt, or wordsto that be w&g to ye him an erbert wilting sometnm b ou able. „„««,*«,. TmetMr Examined by prosecutor. 1 met Mr erbert in the street, and went into Masonic with him. Tou were in he Maßomc^ i You asked Herbert-to shout. Tou J^^o^ not lose a billing by «J j^a not see you si<many docu7™- X ?wnl wls caUed to XL^Sl'Vtt^g Se.«hHo rbort. trained behind. TTip conversation I have By Police: The cony i nave v^^^^^^^L^ i pc Ni b lagt asking mc aei ' ature to a document, to J™" \" w v -do so> Tou and itoia you .1 wou Clark went mto an m I followed you. 1 dont r ecouoct whether you had the document writ- - t m th& VQOm. the docu _ wever,was read. Iremember ' to' him at tbe time, if he i- satisfied of what he was Jn^f cJa{. k an? WCred yes. He d W tll^* the rieS^ andSn lit^e^ thj tached.^ Ed j draughtsman in Lawponea- » considerabl Talking down Colonsa SSSSSSi* about dusk j aated o £^ & my standing close to me an of liquor. I got ™^™^ mdi g e commence ™*^ tr °m about th &ss%zjs£tis J j knew nO Tg.£ bout it J ' ° | fc Qlark: r£h& ft™^ b ' about 9 o'ciock. Yo you paid Herbe and Co. £9. I saw Tom Aimers pla l him for a match would have asked you but that y ■ H Wef fter the evidenco for t A^^S^<Z say that it was extra f d /^ of t prosecutor to make statements a d g. opposed to the evidence Sey had before them a t it^StJ . I „h m amomit of £d a Jj^,^ i twaflweUknown that 1 u^ y J^^oe^flWfc&ala^ gebusine h had a Lid on l would never for i^B^i^B^i^B^i^B^i^B^i^B^i^B^

MJ&uLTST£3£*jS had ke^t. them a. I did not want liem. ^^X^^^^ l Jj B contemptible little fellow. Ithen Jaw him with a gingerbeer bottle; he was s^^ z half in and half out.. 1 saw hrn W towards me with a gingerbeer bottle, but tMnk he wag oingto Btrxke me T turned round to speak to Spedding, and J blow with the bottle on the g? swear distinctly that he struck r mynose bled prof «Ly fought BOmetlling waa wrong the inside. I £ g Dono; ana. I then sent for Dr. Stewart, By the time Dr.-Stewart amved, the imd was dressed by Dr. Halley. Iremainedin Donovan's until the bleeding Btom)ed When Donovan struck me he l^^j^,^ before heieftthe house. No more blows were struck. Cross-examined by Mr. Donovan : ifc Spedding is a commercial traveller, I belive. I don't know that they are conte!tf?£'£zr«g'tts S^f^- £?-*"£ Spedding insisted on my stopping. Ido bpecl g giveorders for goods. I gave itm this mained i onger through their persuasion, ididnot makeabetwith you of anew hat that I would be returned a member of the Hospital Committee. You were alone, the street I saw nobody mth a remember asking Mr. Hay he was ■to fltand. • I Mked if you were. j remember that i lidI id ggetg et a new hat that I would get on the Committee. I don't remember saying to you that you were kicked out of the Council. I swear I did not.say so. I said you were thrown out. I don't remember S*^bSS clvi havetodo 80. I caUed both HaUey and Stewart. 1 c expect to pay only one of them. I-at-y tended to my ordinary duties during the 3sE»£%iEg f niormng of Satu^ay^ H» was bleeding. The wound would hav< d been a more severe one if given in a pas a sion with a bottle-oj couse it wouU de d pend upon the force of the blow. Hi c W were swollen. A blow from the f^ t ji^^^p^ . * Donovan, being sworn, deposedOu the morning of the 16th inst., Hem of came to my house. Mr. Wabh andM v Spedding were in the house Whe rt \*£*™ J ?jf "SfSLt y- g" 7£ ar^ d a reßpectabie place. too x 5je v s^ edding £ m to sit down, M ou he had a gi^g of champagne. Mr. Hem said it was time to go home. I replu he that he had better mind his own busines at^ or- ™^ W^Xh, Spedding, and Hen t «J^ together, P and when about* nd * ards the door, they stopped,^ he resolved to have another bptUeof chai re- pagne. They all came back Walsh^ t Spedding -, order^he was wjg to down, s.s .* • , wpU^g| the ™JJ and others lik|m^^ou in not pay, he would hajf^picted^ ss- replied, "Toajßßi JjJ his »oney the I 0 J to "O pn° \i»' X arvS ^ ■• vP t sal' the bari i^B^i^B^i^B^i^B^i^B^i^B^K^T>loj