RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 359, 16 November 1866, Page 6

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq.. R.M.) Thursday, Novembeii 15. Drunkenness. — James Smith was charged with being drunk and incapable, and was mulcted in the usual fine. Larceny. — Win. .Grey, at the request of Inspector Broham, was discharged. Obtaining Money under Fai.se Pre-tences.—-Charles George Winmell, on remand, was charged with this offence. Mr Rees for prosecution. The I charge was grounded upon the 3rd section of the Vagrant Act, which is as follows : — " Any person imposing or endeavoring to impose upon any charitable institution or private individual by any false or fraudulent representation, either verbally or in' writing, with a view to obtain money or any other benefit or advantage, &c." From the evidence it appeared that the prisoner and a friend of his had entered the store of Messrs Boyiau and Cullen, and had demanded two drinks, with which, on payment of a shilling, they had been served. They then left the store, and shortly after returned, representing that they were detectives, and that they would lay an information against Messrs Boylan and Cullen unless they were p lid for maintaining silence. Cullen had paid the sum of Ll2 10s under the belief that they were detectives, and upon his discovering that a fraud had been perpetrated upon him he went to the Camp and gave information. It was also proved that the drinks had been supplied without the sanction of Messrs Boylan and Cullen, and that the prisoner was not in any way connected with the Hokitika constabulary. The prisoner was sentenced to three months' imprisonment with hard labor. He gave notice of his intention to appeal under the Summary Proceeding's Ordinance, 1842. CIVIL CASES. Nolon v. Watt.— This case was resumed this morning. A witness was called, who deposed that defendant had received the L 7 mentioned in our report of Wednesday, -and which defendant swore had by him been paid over to plaintiff. After hearing the evidence which was very conflicting, ' his Worship in giving judgment, said that he saw no reason to doubt the defendant's statement, and the judgment would therefore be for the defendant with costs. Matthews v. Keough. — This was an adjourned case. — Miss O'Brien was called, and proved that there was no actual time fixed for the delivery of the furniture, as the defendant had alleged that she would return the following day, and give plaintiff a decided answer. His Worship reserved judgment till to-morrow (this day.) M'Beath and Co. v, Smith. —This was a claim for timber supplied. Mr Rees for defendant. From the evidence it was apparent that the plaintiffs had sued the wrong person, and judgment was therefore given for the defendant, with costs. Dougherty v. Murphy. — The hearing of this case was adjourned for one week. M'Guire v. Girdwood. — This was a claim for L 175, on account of money had and received by defendant as per account sales of s.s. Thane. The original claim was reduced to LIOO, to bring it within the jurisdiction of the Resident Magistrate's Court. Mr Rees for plaintiff, and Mr Harvey for defendaut. Mr Rees, in opening the case, stated that the present action had been brought owing to defendant having sold certain portions of the wreck of the s.s. Thane, at Greymouth, contrary to the instructions under which he acted. The learned counsel then proceeded to recapitulate the evidence he purposed producing, and called the plaintiff, Hugh M'Guire, who, on being sworn, deposed that he was the plaintiff in the present action, and was a commercial traveller to the owners of the s.s. Thane He recollected the stranding of that vessel on the spit at the Grey. Shortly after that event he had a survey held on her, and by direction of the surveyors he resolved to sell her. Mr Girdwood, the defendant, then saw witness respecting the sale, when he had placed the vessel in his hands, giving positive instructions that the sale was to be for cash, which restrictions were quite understood inter paries. The next' thing witness learnt was that defendant had caused an advertisement ot the sale to be forwarded to the West Coast Times newspaper, Hokitika. Witness was present at sale of vessel, and finding that defendant was selling portions of the wreck, contrary to the tenor of his instructions, he (wituess) remonstrated with him, requesting tiiat a cash deposit might be paid by every purchaser. The witness was then asked " what were the conditions of sale under which the vessel was sold ?" Mr Harvey objected to any parole evidence being given of a written document, without its production, but upon argument it appeared that admissions made by a party to a suit (though in writing) might be proved by parole evidence, and given against the party or parties making such admissions. (Examination continued.) Witness publicly objected to any portion of the wreck being sold on credit. He desired the sale to be carried out according to the spirit of the instructions, which were for cash. He (witness) had never, in any way deviated from his original instructions, and when the dofetidant sold portions of the wreck on credit he did so without plaintiff's sanction or concurrence. The hull, spars and sails, &c, realised L 175. When witness objected to the sale upon credit, defendant replied "That it was all right — he knew whom he was trusting," or words to that effect. At the conclusion of the sale witness intimated to defendant that he had acted improperly by disregarding his instructions, whereupon he replied, " It's all right, you shall have a cheque, nett proceeds, to-morrow." Witness had not received that cheque. The gross sum realised by the sale of the Thane was L 367 lls 6d. Witness had received L 177. The amount received by him did not include the price realised on the sale of the hull. Witness had not received the remaining L 175. He was positively certain as to the nature of the instructions given by him to defendant— they were to sell for cash on the fall of the hammer. He was certain defendant thoroughly understood the same. The account produced was rendered to witness the day after the sale of the hull. By Mr Harvey— The s.s. Thane was insured. She was abandoned by direction of the surveyors. The owners names were J. D. Rankin, F. Bulien and W. H. Garrett. Witness was acting in their behalf under a power of attorney— the proceeds realised by the sale of the vessel after abandonment would go to the underwriters, he was not aware that the captain was the proper person to authorise the «ale on behalf of » he underwriters — he