RESIDENT MAGISTRATE'S COURT, ROXBURGH.

Tuapeka Times, Volume V, Issue 248, 31 October 1872, Page 7

RESIDENT MAGISTRATE'S COURT, ROXBURGH.

(Before J. B. BorUm^ Esq., R.M.) . Thubsdat, October 24.

Cosgrove v. O'Connor. — This was an action brought to recover L2O for illegal detention of horse, horse hire and money lent. Mr. Savage appeared for plaintiff ; and Mr. Neville for defendant.

Plaintiff produced a document purporting to bo a transfer from def i ndant to Mrs. Cosgrove of a horse, the consideration being "kindness and attention. In cross-examination, Cosgrove stated that defendant was never under the influence of liquor while in his house, but might have had the horrors.

Wm. Leil said he made out the transfer which had been produced, and heLd the pen while defendant made his mark. Defendant was not then under the influence of liquor, but had evidently been drinking previously. In cross-examina-tion, the witness said he saw no money pass.

Defendant stated that on the 30th ult. he left Teviot and went to defendant's house, where he remained three days. He was drunk most of the time. He left and went to his hut, but was brought back by Mrs. Cosgrove. Did not remember giving the document which had been produced. The horse in question was in his (defendant's^ possession, and plaintiff h*ad_never laid claim to it until after he had prosecuted him at Switzers. He had taken plaintiff to work in his claim, as he was out of work. lie had paid Mrs. Cosgrove various sums «>f money, from L 3 to L 6, iv return for her kindness to him. He had given Cosgrove money at various times, which had never been returned to him. Cross-examined. — Would wear that Mrs. Cosgrove brought him from 'his hut. Witness was not sober then.

J. Hopkins said he heard, when defendant came from Teviot, at the time mentioned, he was suffering from the horrors. He found him at Cossjrove's, evidently suffering from the effects of drink. JMrs. Coayrove was holding spirits up to O'Connor's month, and making him drink. Heard at the time that defendant had given Mrs. Cosgrove a horse ; but he (defendant) denied that he had done so. Cross-examined. — Woul.l swear that he saw Mrs. Coagrove holding spirits up to O'Connor's mnuch. Defendant might have known what he was doing, but witness did not think so.-. J. Glass said he sold defendant the horse some short time ago. Plaintiff told him (witness) that he gave L 8 for the horso. By the Bench. -The horse is worth LB. His Worship reserved judgment. Fkiday, October 25. Hifl Worship gavo judgment in tlie above case, fr>r plaintiff for L 6 for illegal detention of horse, and L 2, or 10a. per woek, for horse hire, but would not allow anything for the claim for money lent.