RESIDENT MAGISTRATE'S COURT LAWRENCE.

Tuapeka Times, Volume III, Issue 167, 20 April 1871, Page 5

RESIDENT MAGISTRATE'S COURT LAWRENCE.

(Before W. L. Simpson, Esq., R.M., A. Stewait, Esq., J.P., and Horace Bastings, Esq., J.P.)

Saturday, April 8

W. Hayes was charged by W. Tyson with wilful and corrupt perjury. The Magistrates dismissed the case. Another charge of a similar character was also heard on the 12th, which was also dismissed, the Magistrates not thinking it necessary to hear witnesses for the defence.

Thursday, April 13. (Before W. L. Simpson, E5q.,!?.!!.)

A. Macpherson v. Tyson. — This was an action to recover £22, for travelling expenses, &c, incurred in going to Dunedin on a j adge's order. This was a similar case to Hayes v. Tyson.

The Magistrate, in summing \ip, remarked although he should give a verdict for £10, thereby considerably reducing the excessive charge of plaintiffs, yet it would be a great satisfaction to him if the case was taken to the Supreme Court for settlement. Since the trial of Hayes v. Tyson, he had searched authorities for arriving at a correct decision in this case, but it wan very possible that he may be wrong in his judgment ; therefore he would be glad to have the cause taken to a higher Court.

Monday, April 17. (Before the same Magistrate.)

W. M'Boath v. Jas. Gardner. — Claim, £3 10s for goods sold and delivered. No appearance of defendant. Judgment for amount claimed and costs.

Pearson v. Jets. Robertson. — Mr. Gooday for plaintiff, and Mr. M'Coy for defendant — 5s paid into Court.

This action was brought to recover damages for injury done by defendant's horses trespassing into plaintiff's garden, and damaging a quantity of fruit trees, &c.

J. H. Pressly, sworn, said — I am a nursery gardener. I inspected Pearson's garden, in reference to damage done. I saw several gooseberry and black currant bushes broken, also four large fruit trees, not destroyed, but much broken. The injury done may not appear to an unskilled party very great, but to replace them in their former condition would take considerable time. I estimate the damage done to the four large trees at 15s each, although it may be greater to persons owning them. The injury was evidently caused by horses. The damage to the gooseberry bushes, &c, is very slight — a few plants are also injured.

The plaintiff deposed — I am a farmer residing at Wetherstones' Flat. I have seen no horse 3in my garden since last Sunday fortnight. I saw horses on that day in my garden. They belonged to the person I now sue in Courb.

James Smith, examined by Mr. M'Coy for the defence, said — I have inspected Pearson's garden twice. On the first occasion I saw horse tracks. There are other horses in my paddock beside the defendant's. On the first occasion I only saw one limb broken off an apple tree. I was not very close to the tree 1 consider I was close enough to see if there was much damage done. On my second visit I saw three goDseberry bushes slightly damaged.

Cross-examined by Mr. Gooday — I have had no quarrel with the Pearsons. I generally see the gate of Pearson's right-of-way left open. I cannot tell the size of the garden. I consider I was close enough to examine the damage done.

Mr. Gooday, in reply, said — I will simply call your Worship's notice to the fact that an unskilled person had been called for the defence to refute the sworn testimony of an expert. His Worship gave judgment for plaintiff, £3 10s, and costs, £2 19s.