RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 645, 18 October 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G-. G-. FitzGerald, Esq., E.M.) Thuesday, Octobbe 17. Sheep-stealing. — John Dougherty wai charged, on the information of Mark Sprot, with stealing a sheep from the Hokitika Sale Yards, Eevell street, in or about the month of October, 1866.— Mr Button appeared for the prisoner. — At the request of prisoner's counsel he was remanded till the following day. Bail was taken — prisoner in LSO, and two sureties in L 25 each. CIVIL CASES. Davis v. Levy.* — Plaintiff sought .to recover from defendant the sum of L 95 Bs, tho value of 1115| dozen of eggs, at Is 8d per dozen.— Mr Eees for the plaintiff". Mr Harvey for the defendant. defendant kad paid, L7B 16s into Court,

— Davis deposed that he was master of the Huon Belle. On the 11th instant witness offered a quantity of eggs for sale on the whaif. They were not put up to auction, the defendant bought them privately atls 8d perdozen, "as they stood." The eggs were removed to the defendant's house, and one case of them opened. Witness complained of the manner in which defendant unpacked them. Defendant " candled" the eggs, and objected to -them as being bad. Defendant wanted to deduct 200 dozen from the whole amount (1145 i dozen,) Witness refused to make any allowance, and demanded payment fqr the whole of them. Crossexamined by Mr Harvey,,— lt was agreed that the defendant was to count one case, •and take the other cases from the numbers marked outside, one case was opened at defendant's house. He made some remark about the eggs being bad after he had counted from 38 to 40 dozen, and the count was lost. A man was sent for to count and " candle " the eggs. Witness agreed to bear half the expense. Some ot the eggs that had been " candled " were broken, and objected to as being bad. ' They were not bad. L7B 16s was never agreed upon as the sum witness was to receive in full. He met prisoner "the next morning, and defendant told him he would pay him, but he did not show him the money. Witness never agreed in the presence of defendant's wife or son to take L7B 16s as payment in full. — Mr Binney was called and stated that Mr Levy informed him on, the wharf, that he had purchased some eggs from the plaintiff. Witness sold some eggs for Mr Fisher that day. Witness was instructed by Mr Levy to offer the eggs for sale, and was about to do so, when the plaintiff came up and said he had sold the eggs, and at the same pointed to Mr Levy. — Eobert Whale was called, and deposed that he had purchased a case of the eggs in question from Mr Levy. They were of a very fair quality for imported eggs. Cross-examined by Mr Harvey — The case was marked as containing forty dozen. When the eggs were counted there were only thirty- two dozen. — This closed the plaintiff's case. — Mr Harvey, for the defence, stated that his •lient purchased the eggs on the distinct understanding that they were to be counted over and " candled" The plaintiff agreed to go to the defendant's house to see them counted ; each party to bear half the expense. One case marked as containing eighty-five dozen when counted only contained fifty- six dozen. Two other cases were opened and a deficiency found in each. It was then agreed that an average should be taken, and L7B 16s was settled upon as the sum the defendant was 'to pay the plaintiff. Mr Harvey called Ralph Levy, who deposed that he purchased the eggs at Is 8d per dozen. They were to be counted over, He bought other eggi that day from Mr Fisher on the same terms. The plaintiff went up to the defendant's house, .and it was agreed that a perspn should be sent for to count the eggs, as well as to " candle" them, The expense to be borne between them. One case supposed to contain eighty-five dozen only contained- fifty-six dozen. It was ultimately arranged that the defendant was to make an allowance, and L7B 16s was settled upon as the sum to be paid (in full) by defendant to plaintiff. On the following day witness offered the plaintiff that amount, in Mr Fisher's store, but he refused to take less than the whole amount. Witness offered to return the cases that had been opened, but plaintiff refused to take them back.— Simon Israel was called, and stated that he had been sent for to count and " candle" the eggs. This witness corroborated the evidence given by Mr Levy. — Cross-examined by Mr^Harvey — Only one case was counted. Plaintiff remarked that they would be there till "Doomsday" if they counted them all. They would average them . — Mr Fisher was called, and deposed that the defendant purchased some eggs from him. ut Is 8d per dozen. Mr Levy stated that he would have them counted, and witness promised to make him an allowance for any that were wanting. Witness saw Mr Levy at his store on the following day. So far as he could recollect, defendant offered him some money. His Worship gave judgment for the amount paid into Court (L7B 16s), plaintiff to pay •costs (L 7 75.) The Court was adjourned till eleven o'clock on the following day.