RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 158, 16 February 1871, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L. Pimnemi, "Esq . E.\f ., and Hoiace Hasting*, Esq., J.P)

Monday, February 6.

Airey v. M'Kay. -Claim, £4 103, for stabling and board. Mr. Gooday appeared for plaintiff, and in his opening address stated the defendant came to Airey and male arrangements with him f"r the hire of his stable, and accommodation of a lad ; but the horses and lad bo!h disapnear^d mvsterionsly, forgetting to pay their bill liefore doing so.

John Airey, sworn, deposed — About the 9th of January, the defendant came to my house in company with another man, and asked me what I would charge for stabling during the races. J told him £2 p ij r wee<. He said it was too much. lie agreed to pay that sum if I fou-id straw. He asked me to accommodate the lad. There was no price mentioned for the lad's board. lie stoppbd until the 22nd of January. I charge 25s per week. I received no money from the defendant. He never told me he was acting for any other porson. The horses were removed on Sunday morning before I was up. I saw defendant ab-mt it. He told me the horses did not belong to him. He offe.ed to pay me for a bucket of oats I lent him

The defendant said — T was engaged to bring the-e horses from Dunedin, and train them. lam a trainer and jockey. I was engaged by Roberts, who is a dealer in Dunedin. I was engaged by him to train Tiger and Tigress. My expenses

were to be paid by- Roberts-. ••-We brought the liorses to Tuapoka *We went to Airey's. I said this stable would suit if the two centre stalls were taken down. It 'was an ordinary four-stall stable. I I fclwii asked Airey how mnch he wo.uld cku-ge l!ob>rts for the stable, lie said £2 per week. I Sciid it was too much. JJoWert-s agreed to pay £2 if Airey wti'uld find bedding for the horses. I "ever spoko about Roberts' board. It was nob very liicely 1 should do so. I said [ hal stopped afc Wootton's before. • Cross-examined by Mr. Gooday. — Rob Ttsj has been living at the York !!otel in Goorge-sLreet. Ha does not keep the stables. Tho liorses run ill the nil me of Urfovre, so that they should be quaiifi' d to run as district horses about Wai souaiti. I did not agree with Airey. I did not hear Ko'jerfcs state in Aire}''3 presence he was the owner of the horses, lie gave him to understand ho was the owner by agreeing wi*n him for the •stable, and by purchasing oats of Woott'ui for th^ir use. Roberts engaged me. lam certain I mentioned Roberts' minis when I spoke about the stable. By tae Magi .trate — Lefevre had nothing to do with the horses entered in his name here. 1 had nothing to do with the horses at Palmerston, except to ride. I was engaged there by Lefevre — he was ■ interested in the horses at. Palmerston.

S. Wootton was then called for plaintiff, and said — I supplied the oats at ?\I 'Kay's request. Roberts was not mentioned. Roberts got them. Roberta came to me for his bill. I told him it wa-i £'3 10s. He s iid he thought it would be more. R'j &-iid he was not in a posit.on to pay me at that time.

Tn answer to the Magistrate — M'Kay came to my shop and s iid he would be ans.v.-rable f >r whatever Roberts had.

Tue Magistrate said upon looking at the whole arrangement, it appeared iike a concerted pi in to render it almost impo33ible for Mr. Airey to fix upon tho responsible party. One man is called the owner. Tin horses are entered in the name of another person. You (it "Kay) are trainer aud juckiy, and act as principal. It may be that you were engaged i-i Dunedin, and have sued Roberts, but rhe law is so clear and strict as regards agency, that unless you properly divulge the party you are acting for, you are iiab'e yourself. T havo no douSt you to. >k the " principal part in engaging the stable, so I feel justified in finding a verdict for plain till" for amount claimed and costs.

Morrison v. Lewis and company. — Adjourned from Monday last.

Air. Copland, for plaintiff, stated that he wa3 informed F. Alcars had not been served with a subpoena. He could not be found. Tt was suppose Ihe had left the district, and proposed putting il'EPickle in the witness box. as lie (Mr. Copland) believed he could give some evidence that would considerably simplify the CISC.

Win. M'Xickle, sworn, said — I know Lewis' claim. T have no interest whatever in the claim. I have had no interest in the claim since it was sold by pu lie auction. Tt was bought by Lewis. I am not aware who are the partners in the claim just now. I received money from Mrs. Lewis to reimburse me sums of ..loney I had paid f.'i* tV. cl° ; ni. 1 do nit know whetiur I' 1 . Mears had an interest m thy cla.m. I do not remember if Lewis ever told me P 'Mears had an interest in the claim. I heard My. Livingstone had an interest in the claim. 1 told L'3wis .Mears sold to Livingstone. Mr. Eolmes wrote out the papers in connection wir.h the transfer of the claim. I have heard if L-wis pays Livingstone, he can have possession of all papers again. Lawrence Holmes, sworn, said — I wrote papers for Livingstone in connection with th is cl lim

Mr. Abel — I have custody of documents in tho Warden's Court in connection with this claim. I produce two documents registered November 1370.

The case as again3u M'Xickle was at this sta^'e of the proceedings abandoned,

and adjourned until Monday the 13fch February. A summons to be served on F. Mears — last place of residence to be considered sufficient.

In the present contested election in Wellington, where there are six candidates to fill two seats, language of not the most elegant description is made use of; some of the newspapers in particular are gradually gliding into the constant use of Billinsgate, that we doubt if ever they will recover The Hon. J. Johnston in the course of hia speech on tjjye Ist inst., said, "It had been said in the ' Post ' that the speech delivered by Mr. Pearce was Mr. Bunny's — had been written by him — and l.ad only come through Mr Pearce's mouth. Well, from what they knew of Mr Pearce's high sense of honour and delicate sensibility, he need hai'dly I ell them that- lie would be. as likely to ask the devil for a speech as Mr. Bunny." The "Independent" in ita report of the meeting says tbat Mr. Travers " addressed himself not to the chair but Mr Johnston and said ' you're a liar, a slanderous liar, you're a liar in private life,' then bis passion becoming too great for utterance, waving his bands and rushing forward .to the platform, be began another torrent of equally choice expletives. The " Advertiser " says : — Mr, Travers absolutely mad with passion, then made such an exhibtion of himself as we haveneverbcforo seen anyone do professing to be a gentlemen. He raved and stamped backwards and forwards in front of the platform, livid with passion, shaking his fist at the genflemen on the platform, and calling them the most abusive names be could use. The Hon. J. Johnston in particular, he called a " lying, slanderous, vagabond thief, in public life." This choice expression lie repeated several times, and i'urtner> said tbat all the papers and persons wbo supported bis (Mr. .Johnafon.s) side were lying slandering theives. This melancholy scene he kept up for fully five minutes, the Hall as may be imagined, becoming a picture of confusion.