RESIDENT MAGISTRATE'S COURT

Tuapeka Times, Volume II, Issue 77, 31 July 1869, Page 5

RESIDENT MAGISTRATE'S COURT

(Before W. L. Simpson, Esq., R.M., a*a J - : ljLUfc. Stewart; Esq^JlP.f [ Thursday, 22nd July. Mullae v. C.- Bowtell.— Claim, £10; Fougie v. C. BowteU.— Clafcn, • #**) > for loss and < damage susiained in consequence of swags being lost, whilst being conveyed across the Molyneux at Beaumont, on. ,the 15th instant. 1 appeared 'for plaintiffs ; Mr. Keen for defendant. John Epberis, being sworn, deposed — I am a drayman. I remember being at Beaumont Ferry on 15th July. "We could not get across on account of the wind. . s The ,ptynt was on, the west side. We hailed the puntmen. I think I heard Bryant answer to send r the boat across. ,'Mrs. Bowtell gpt Sandy to take the boat across. The plaintiffs went -with him. Cross-examined — I do not know Sandy. I did_nqt hear, Mrs. Bowtell give directions to take the passengers across. I could not tell whether he was drunk or ' sober. I thought he was sober. I can't tell what Mrs. Bowtell told Sandy. I did ridt know who lie was. I. would have allowed himitoitake-me across. I should not do so if he were drunk ; but it would greatly depend iupbn circumstances. I did not see the plaintiffs go in the boat. . - - Alexander Borthwick, being sworn, deposed^J. -am 9, blacksmith, residing at Beaumont. I remember the 15th July. On that day no one asked me to take passengers across! I was going home. I live on the west side of,tberiver.\ , Iwas .three-p&rts "tight." I" asked the plaintiffs if they were sober. They answered yes. They then went'in the boat;- and before we got across the boat filled and went down. - There wds' nbthing)said to me about passengers. I had no authority to take any across. I never took any. Cross-examined—^l am not in-Bow-tell's employ. I never was. I never receivejian^lauthdrity from Mr. Bowtell to take his boat. He sometime ago gave me the loan of a boat. It has been taken 'ffonr me since." It was taken irom me because sometimes I was not able to manage. it, and to keep me away from the public houses on the east side of the river. I like a nobbier. Bowtell wanted to keep me from drink. I did not know until I was on the beach that there were any passengers going across; I asked them if they were " stifrer,' > as I. was . " ok the go." They were perfectly aware I had some drink in. My mother (Airs. -Bowtell) did not tell me that there were passengers going across. 1 The .boat was swamped and went down. I scrambled out, the best .way I. could. , This took place about 8 o'clock p.m. In daylight, if there were , any passengers wanting to-cross, when I was sober, I had to ask Bowtell's permission before I could do so. Latterly, Bowtell told me that I was, to take no more passengers 1 across. They paid rne'no money. If we had got safe across, I would have sent -them to Bowtell to pay for their passage. t . Mullae (plaintiff); being 'sworn, de- ! posed — I remember the 15th July. I was at Beaumont. The punt was on west side of the river. Mrs. Bowtell went to the river bank, and CQoeyed to send the punfc across.' I asked.' Mrs. Bowtell if the boat was going .across. She went for ' Sandy. He came, and we., entered the boat, j After we had started, he asked us if we were sober, • as the river was not to be played with. I answered if he was as right as myself and mate, he would dq. 'He placed us in the bows of the "boat. The boat began to take wa^Er in, when nearing the-bpposite Wide. ' Bryant called out to bring the boat in straight. Immediately afterwards the iboat rfilled^ahd went down. Our swags were carried away. I struggled ashore the 1 best way I could. I saw the puntmen on the > opposite Bide r before, we started. I value my swag at £6. Hunter gave me a change of clothing, f I saw .Bowtell. He charged us witn taking the boat. He used rough language. I saw him next day. "We had a drink together. He said then that he was not aware of the whole- circumstances about the boat on the night previous ; and as his relative, , was in the f ,boat he would make us up something for the loss of the swags. : 'We'>asked>sj66. He offered us one half, which we would not accept. „..., * K3ross-examinea < -Mi have' crossed the Beaumont before. Bowtell put me Borthwick never "put me across before. I did not know that he was ia licjudrv ' If I had thought so, I would not have gone with him. I did not think ;hß. wa?T;drjUn:ki I did not see him in a public house. I was in none m^self,.. I TIt o was /l iihfl ftcsfc time I saw him. P will not swear positively that i^ was. Bryantthat answered_the cooey'; but rthink jso. The 'first |er: son who came to me after I came "out of the water, was Hunter. Bowtell Bajcb ;hathingl tfoJ wL 'nih.ixY'iWd »welre in Hunter's. I swear Biyant was on the beach T whenjtheJboat W g n^ down. , He tora jjorthwiek to take her m straight; I swear it was him. Bowtell used rough langsager->3se:iksflay he did no^ «ay he was sorry for what he said. Hd made an offer tp .sejjfelg, as his relative was in the bctaiP'l did not teU him every article I had in the swag. I tols , foreigner, was examined through an mte^^&r. \-■ ■ l ' " ; ' ..ptt&Egj ß.pwM^lb^ng.' sworn; de-posedrs-l-reside at JBeaumont. I am' ferrymau, along with Bryant. I re-

member the -isth July. I was at -Hunter's house. Borthwick is a rela- ; ,tiVe of mine. ' He is not in my employ. Never was. , Sometime ago I lent him j a boat on condition that he would take care of it and keep ' the oars. About five weeks ago the boat was taken from him. I was, afraid of him, as he would not keep sober. I told him never to take any passengers across. He used Cowap's boat. I warned him particularly against taking our boat. I heard a cooey from east side of the river. "We answered that we could not cross. Shortly afterwards Bryant called me. I went to the river side. I saw the plaintiffs coming out of the water. I asked them if there were any more in the boat. I did hot' know Borthwick was in the boat I immediately got another boat and went after the lost .boat...- When^ l came back, the plaintiffs were in Hunter's. I asked them if they were the men who took the boat. They answered yes. I did not know j then that Borthwick was in the boat. I told them I would give them in charge. "When I found out that Borthwick was in the boat, I spoke to them about their swags. They used rather rough language. I offered to remunerate them for their loss on account of- mj , relative being in the boat. They asked £6 each. I offered them one half. I "told -them that I was not responsible, for the doings of every drunken man who might take our boat." "Borthwick has no authority from me to take passengers across. I did not see Borthwick that night. D. Hunter, being sworn, .was examine'd-$ but his was immaterial. • This closed the evidence in both jbases. -The Bench remarked that the parties who appeared by the evidence to be mixed up in the affair — Bryant and Mrs. Bowtell — were not produced, seemed strange. From the evi"ctenc%;; however, they could not come to. the conclusion- of -giving judgment against Bowtell. , ■ The accident might { h&ye terminated; fatally ; and it was for the Bench to look further into the matter to see on whose shoulders the fault lay. After some discussion, tho case was adjourned till Saturday, for the production of Bryant and Mrs. Bowtell. Saturday, 24th' July. J. Bryant, being sworn, deposed — I am partner in the ferry with C. Bowtell. I remember the 15th July — it was a windy day. About 8 o'clock p.m. I was on the west side of the river, with the pnnt. I was waiting to cross two horsemen. I was backward and forward between Hunter's and the' punt. I heard a cooey from the east side of the river. It was John Roberts' voice. ,1 knew his voice. I answered that I could not cross. I cooeyed to send Alex, across with the boat.to take me over. Some twenty minutes afterwards I saw the boat coming across. "When I saw her she was' close to the west side. I saw when she filled and went down. Cross-examined — I did not see who pulled! Alex, had no authority from me to take passengers across. He had a boat of our's for some time on loan for his own private use. That boat was taken from him because he would not keep soberj and we were afraid something might happen. He is not, in our employ. Never was. I did not know that there were any passengers on the east side wanting to cross. If I had known so I would certainly have told him not to take them across. Mrs. Bowtell, being sworn, deposed — I am the wife of C. Bowtell. I remember the 15th July. I remember Roberts coming wanting to cross. I heard some one cooey from the other side, Ido not know who it was. I answered. The voice told me to send Alex across with the boat. I asked where he was. Vpice answered that he was on my side of the river. I found him in Cowap'B. I directed him to take the boat and go home. When I answered the cooey I was standing in the cutting. I saw two men 1 standing opposite my door. I did not know them. They said they wanted to cross. I told them that they could not get, as the punt was on the other side, and that it was also tqo windy. That was the only convert .sation I had with them. | : Cross-examined — I gave Alex. n<J 'instructions to take passengers. ,Idia not know that the men had crossed till IS' O'clock. He was* always for 7 bidden to take, any' passengers. "/-My husband constantly warned him not to meddle with- the ' bdats, nor at anjr '.ftmVto'taMe passengers. \ .. Bryant, being re-caHed, said — I never^received from; Borthwick at any time^money for passengers. ' j ,-, .The;. Bench, having retired ■ for* a shprt "period; returned, "arid said thai 1 from,,tih j e ) ..eyi4ence adduced, it appeared thaVßoKthwick had' no authority .to take passengers ; that- he '-'was 'frequently warned not to do so ; ofrfc ! the ■fafet'of one of the lessees 1 of fcl^e punt giyen him, instructions to send him across with.theboat, undid the whole of -their former policy ; and they, considered; that' when k he.was faking the boat across,," he was in^eir employ ;', anfr.the plain#ffp;appeared to<be under.the belief that he .was the proper person to convey 1 them across. Ho'w1 ?T e f' .^appeared to, th'eJSencb. that the variduV' articles in the swags were^ highly- priced^-even granting they were new ; and upontconsidenng :; the OThole 'circumstances .-of the" case*- they -would find for the -plaintiffs for '#5; each, and costs of Court, ' ~ •