RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 140, 28 February 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuosday, 27th February. (Before G. G. FitzGerald, Esq., R. M.)

WiLT?uii Destruction of Property.— Honry Hassell was chargod with wilfully destroying property, of tho valuo of 10s. Honry Jofl's, a shoomakor, said, that defenddant had gono into bis houso early this morning, and smashed a pano of glass, and upon boing told to go out, thrcatcnod to knock complainant's brains out. Tho dofondant said, that ho remembered nothing of tho mattor. Romandod for 24 hours, as ho was not sober whon in Court. Stealing* a 8500011. — Margarot Ashton was brought up 01? remand for this offonco. Inspoctoi* Broham said, that tho attondanco of tho prosocutrix had not boon obtained, as Iho floods provonted hor coming from tho Grey in timo. Remanded till Thursday. Drunk and incapable.— Frederick Borndt for this offouco, was finod 10s., or in default to bo imprisoned for 2-1 hours.

Civil Cases.

Parker and Garsides y. Hodgo. — Mr Sonth appeared for the plaintiffs, and Mr Johnston for tho defendant.

Robort Parker doposod, that out of tho 9 hogsheads of portor mentioned in tho bill of lading produced but' five and a quarter woro received j ono of tho six hogsheads having boon tappod. Spoko to Captain Hodge, who commanded tho Star of tho South when &ho was wreckod, about tho doficiency in dolivory, and ho ropliod that ho know nothiug about portor, as ho was a tcototallor. Witnoss offered to boar half tho loss, but Capt. Hodgo said, that ho had nothing to do with tho mattor Tho porter was worth £6. 12s Gd. a hogshead in bond in Dunedin.

By Mr Johnston— Tho Star of tho South was novor a total wreck. Thoro had boon a mooting of tlio consignees and tho vessel was sold, but witness did not know undor what oircumstancos. Ohristophor Brown said that ho was a draper. . Was aboard tho Star of Iho South whon she wont ashoro at Chalky Inlet. Sovoral cusks of porter had been takon aslipro by tho instructions of Captain Hodgo. No casks of nlo or porter woro allowod to bo kept on board. Sovoral of tho passongors and crdw spilod tho two or threo of tho casks on tho beach, and took sovoral bucketfuls of it aboard ngain, whoro it was drunk. Tho captain was aboard at tho timo, and had ho ohoson ho might havo stoppod tho mon noting as thoy did. Witnoss loft tho Star of tho South at Chalky Inlot. and came to Hokitika in tho Kedni. Somo of tho crow wero left aboard tho Slar of tho South when tho Kcora loft. By tho Boneh — Tho captain was aboard tho former vossol when tho porter was drunk, By Mr Johnston— Witness did not know that Iho portor which was drunk aboard was that bolongiug to tho plaintiffs. Tho William Miskin camo to tho rosoiio and hor crow might havo broaohod tho casks of portor. Captain Hodgo told tho crow ol tho Star of tho South to tako all tho barrols ashoro. By Mr South. Witnoss did not know if thoro had been any portov aboard belonging to any ono bosidos plaintiffs. Robert Parkor ro-callod. Witnoss had oxaminod tho manifest of tho Star of tho Sonth at tho Custom 1101180 and found that all tho bulk portor whioh had boon aboard that vessol when at Oluilky Inlot had beon consigned to plaintiffs. This olosod tho caso for tho plaintiuVThomas Turnbull, Harbour Mastor, said that on tho 2nd January ho wont to Chalky Inlofc and mado a Biirvoy of tho Star of tho Sonth. Saw tho vossol aftorwards sold as a total wrook. By Mr South. Tho Star of tho Sou-h was not abandonod, part of tho orow having boon lofl to protoot- tho intorosts of tho undorwritors. Wifcnoss had scon throo or four omply portor barrols ashoro with augor holos in thorn. By tho Bonoh. Captain Hodgo and a part of tho orow woro aboard whon tlio suvvoy was mado. William Gray, an olllcor of Hor Moiosty's Customs, doposod (hat ho wont down m tho Room to tho Star oi tho South in Chalky Inlot. Tho declaration producod had boon, mado by Captain Hodgo to tho Collector of Customs, who abandonod Im claim for duty in consoquonco of tbo state of tho cargo. Saw no portor drunk whon at Chalky Inlot. Captain Hodgo had sayod all Iho cargo that itwua possiblo for any ono to savo. .By Mr. South— Witnoss nriivod at Chalky Inlofc on tho Ist January. Saw threo or four casks that had oontuinod portor, with augor holes iv thorn , lying on tho boach. Had soon tho manifest, in whioh Ihoro was but ono conmgumont of bulk portor, and that was in bond, oonsjgnod to Parkor and Garsidos. Honry 1 VH'oHoughlon.morohant, said that ho romomborod tho wrook of Iho Stuv of tho South at Chalky Inlot. Attondod a mooting of purtios interoslod m tho vossol, about tho 6th or 7th Jannary, at Morison, Law & Co.'s. Was a consignoo of cargo in that vossol. Tho majority of tho mooting agrood that tho Keora should bo sont down for tho cargo of tho Star of tho South, that was worth freight, a good doal of tho cargo was abandonod. By Mr South. Witnoss was not prosout whon tho cargo was takon aboard tholCopra. John A. Oaroy doposod that a mooting 1 of porsous intorostod in tho wreok of tho Star of tho South was hold at Bain, Houghton & Co.'s and it was rosolvod that tho cargo should bo abandoned. By Mr South. Anagroomont was ontorod into by tho oonsignoos that tho Koera. should bo s.ont to Chalky Inlot for any oargo worth saving. No minutes of tho mooting woro iakoq, MiJvlwton (i) ad,4vot»ino tho fynoh. sa {d

tho caso had boon adjournod somo timo ago to obligo Mr South and now ho (Mr Johnston) could not bring forward all tho evidence that ho would wish for thr dofonce. Captain Hodge had called upon him on tho 17th Deo. , and mado a protest that tho cargo of tho vossol had boon abandoned, and thoroforo the plaintiffs could not rocovor tho amount they claimed. Mr South said that no abandonment was provod. Neither Captain Turnbull nor any of tho other witnesses had sworn that tho vossol had boon abandoned. Tho portor was in tho ohargo of Captain Hodgo whon some of it was consumed, and ho could havo prevented this had ho choson to do so. Indeed, to uso tho words of Mr Brown, a witness iv this case, tho portor had been taken away boforo tho captain's eyes in buoketfuls, His Worship romarkod that thoro was nothing to show that tho vessol had beon abandoned. Judgraont for tho amount claimed without costs. Mr Johnston nskod leave to appeal as Captain Hodgo had protosted on tho 17th Decombor that tho vessol was abandonod. 9 Mr South objected on tlw ground that unless a point of law wero brought forward as an objection, which had not boon done, tho appeal could not bo allowed. His Worship said that an appoal on tho merits of tho caso, could not bo granted. Appeal not allowed.

Swanson & Co. v. Sutherland. An action to recovor £7 7s. balance of account for goods supplied. The defendant said that ho had a contra account which ho wished to put in as a sot off. nis worship said that dofendant should have rondorod his contra acoount boforo and must now issue a summons on it if ho wished to recover tho amount. Judgmont for plaintiffs for amount claimed. f Eosßiter v. Chapman. — An action to recovor amount duo for printing and advertising. Tho dofondant handed iv an affidavit to prove that a porson, who was' now in. Melbourne, and would return in six wooks, could give evidonco favourable to dofondant Mr Eossitor objected to an adjournment boing granted as tho dofondant had contracted the debt, and had afterwards agreed to pay it. By defendant — Whon plaintiff gavo the ©rdoif, and was told tho price, ho said ho would ask tho committee if tho work should be dono. An account had boon rendered to dofendant as socrotary and not as principal. His Worship said, that, as dofondant had disclosed his principals at tho time of giving tho ordor.&»and as thoy could be sued at any timo, ho should give judgment for dofondant. Cassius and Co. v. Palinor and Blackmoro. — A claim for £18, balance of account duo for goods sold aud delivered Judgment by default. Achcson v. Kilmartin. — An action to recoroy £5 ss, amount professional fees. Judgmen by default.

Doeblo v. Mulligan & Co. — A olaim of £1 for salary. Plaintilf said ho was a draper's assistant at a salary of £4 a weok, and after being with thorn six days thoy paid him a week's salary, but did not mako any allowance for tho week's notice that should have been given. Tho dofondant stud that plaiutiff had come to his shop on trial, and at tho end of tho weok a3 ho did not suit, dofondant discharged him, and tho plaintiff did not express any dissatisfaction nt this at tho timo. Verdict for dofondant. Molody v. Gilmoi'o. — Mr O'Loughlin apncarod for tho plaintiff, and Mr South for detendant. An action to rocovor £31, money lent. Plaintiff doposod that on tho third of August Inst ho lent dofendant £31 10s out of his privato purso. By Mr South — Thore was a partnership existing at tho timo. Witness had not brought his account books, although his counsol had boon served with a notico to produco thorn. Witness had boon told by dofondant somo timo afterwards that the money had boon paid into the partnership account. Defendant deposod that he had boon in partnership with plaintiff, Sweeny, and French. That the two latter attended to the Shamrock Hotel, and the two former to tho Spread Englo Hotel. Sweeney told dofondaut to go to plaintiff for £31 10s towards S tying for tho building of a houso at the roy. Told plaintiff what tho money wa» wanted for at tho timo. Tho account book produced had been kept by Mr Sweeney at tho G-roy. An entry of £30 was made in this bbok on the 30th September, as received from Plaintiff on tho partnership ncconut. Witness had oqcasionally borrowed money from defondout for his privato purso. By Mr O'Loughlin — Did not know if tho other partners had boon in tho habit of borrowing monoy from plaintiff privately. Plaintiff was rosponsi ble for moneys received at tho Spread Ergle Hotel. had beon sent on sovoral occasions by Mr Swconey for monoy on tho partnership account. By tho Bench — The partnership had beon dissolved about a mouth after tho £30 woro obtained from plaintiff. Mv South said that tho monoy had undoubtedly beon received on tho ' partnership account: Mr O'Loughlin 1 said that the Bum of £31 10s was lont by plaintiff to dofondant on tho 3rd of August, as shown by plaintiff's privato momornndum book, and tho sum of £3<l had. boon given at tho end of Septom* bor, as shown by tho account book produced by defendant, and therefore thoy wero two distinot transactions. Case adjourned until tho Isth March for plaintiff to produco his books of account, and for defendant to obtain tho ovidonco of Swconey. Scott v. Q-oodwin — Action to recover £2 10s, amount of account for bread supplied. The dofondant provod that ho had beon absent from his tent on two of tho days upon whioh bread was charged to plaintiffs account. Judgmont for £2 Bs.

Doolan v. Eich, Morison v. Mulligan, Alcorn & Co v. Solomon, Solomon r. Eog»rs, M'Crao v. Goodwin, Simpson v. Dunbar. Thoro was no appearanco in any of these cases. Tho Court thon adjourned until 11 o'clock, this morning.

An Australian Country House. — I was staying in an Australian country houso once, in tho far west, — a real Australian couutry houso, whoro tho kangaroos camo skipping, and staring, and gaudering past tho diningroom windows! whoro tho oposums held high jinks and murdered sleep in tho shrubborios ovory night j whoro tho native cats stowed themsolvos undor your bed until you had gono to sleop, and then proolnirnod thoir caso against an ungrateful world in a noiso whioh might bo aohiovod in an inferior dogroo by a wiokod old torn oat, oarofully trained by a howling ape and a hyena ;— a houso with a flower gardon, at tho bottom of whioh was a lako on whioh no ono was allowod to flro a shot, and whioh swarmod all through 'tho burning summer's ' day with toal, widgeon, groat oranos.polioans, bluok swans, and purple wator lions j — a houso in whioh tho scorpions camo tittlo, tittle, tittlo, along tho passage, lookod in at tho library door, to see how you woro getting on, and thon paokod themsolvcs away undor tho door-mat 5 whore onormous centipedes camo from under the fonder at a terrific paco, eight inches long, twenty legs a-sido, struok with a sudden uncontrollable impulso to walk up tho leg of your trowsors, »na soo what that was liko j — a house whoro some ono was always going to bed aftor broakfast, and " coming down as fresh as paint, just out of his bath to an eight o'olook dinnor 5 whoro you slept all day, and went out a-nshing as soon as the night was dark ouough 5 whero your papors were tho Spectator and tho Illustrated London News, and ono's drink weak olaret and wator j — a roal old 100,000 nore, two thousand ft-yeav Australian oountry home ji> nw f

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