R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1376, 11 May 1883, Page 2

R.M. COURT.

MASrERTON-THURSDAY.

(Before H.S.Wardell,R.M.) APPLICATION for com. '

Thii was a somewhat peculiar - ease, the first of ill kind-brought in theR.M Court' at Maaterton. The plaintiffs (J. r Payton and Go.) hadsued defendant (Edward Oillot) for a debt .of J9l2s. Defendant, who lived in Napier, came to Maaterton, and on the 'Bth of May served the plaintiff) with a notice tbfit he intended to set utp 1 the plea that he was a discharged bankrupt. Plaintiffs thereupon withdrew the case (though not aware, that, the defendant was a bankrupt) rather than incur further expense in a .doubtful cause, Defendant returned to Napier, but retained Mr Beard to apply for the costs of his journey to Mauterton. ;, •r. ••••.

Mr Beard submitted to the Court'in affidavit containing tba above facts. After tome preliminary argument between him arid Mr Bunny, who appeared for plaintiffs, his Worship said lie was not dear that any plaintiff had power to withdraw s oaso without the consent of. the Court, thongh he knew it was the custom to do so. Both solicitors shewed that the R,M; could make hia own rule in the matted

Mr Bunny said he, had no objeotiori to treating tho oase aa not having been withdrawn, '•

Mr Beard—Nor have}, . His Worship—Very'well, then. '' Mr Bunny called one of. the plaintiffs, Mr W. F. Roydhouso, who. proved the debt, . '■

His Worship—Now, Mr Baard, what answer do you make 1 Mr Beard—l know nothing about thiß om Ido not appoar ia it • 'His Worahip—Well,.sb defendant has had n# notice of the change'l cannot take the case. • ; j.

The argument then' proceeded. Mr Bunny submitted that there was no evidence that any formal notice of tho intention to make this application had been given to plaintiffs.' '• That the application wai bound to be supported by the personal attendance of the applicant and not by an affidavit, as plaintiffs now had no power to oross examine .That under any circumstances. i copy of the affidavit should have been terrod on the plaintiff) prior to the hearing of the case. That upon the grounds stated in the affidavit the application must-fail, inasmuoh as the affidavit shewed: that defendant had failed to comply with the provisions set forth in the statute in'suph cases. That supposing the statute had been' satisfied, the. defendant must show, that the plea would have been' a complete answer' to the claim. Tl|at there was no evidence given ai to the amount of expense, incurred, and that the affidavit referred,to what the defendant had done to .the Bth of May, when he.gave notice of-his indended plea. Whereat he could only deal with what occurred after the serviceof notice, That defendant could have had the notice served from Napier, and,that therefore any expense he had incurred was his own. fault. Mr Bunny reminded his .Worship that plaintiffs were in. entire ignorance of the defendant's, bankruptcy when they sued him, never having been made aware of the same. Tho. plea might be a false one. :

Mr Beard held tliaCit did not matter one pin for the purposes of the application whether the plea was a good ona or a bad one. It was evident the ,plaintiffs regarded it as a good one, or the; would not hare withdrawn the oase. . ■.

His Worship said the case was one of importance to all tradesmen, and he had taken full notes of it in order to give.it careful consideration, He would, make known bis deoiiion- on' the 'following morning. :■

. _ FRIDAY. David Stone,clisrles' Poujaon, 8. Harding, and , u Ca]el| were destroying cenain Ghfiioßa lanterns, the property of Williain 'Bllhkhorne, Caleb Ewington'waa repprtod to : :haye; hidden himself. ~ij .. Stone and Harding pleaded not guilty, Poulion Willitm Blinkhorne • deposed' that he had borrowed 20 Ohinese lahterns which lie hung under tho yerandah of the Theatre Eoyal- oh the; occttaion' of 'the Dr,nid's Festivalon Bid-May, •* 'When he, went ; out. afterlighting, them,! lib found them all gone.':•' Next daj-lie foand tome of tfio ramnantn lying -about the yq»d.. The TW"V Henry Mallowes'> thit Pharley lamps down. Sai» David Stone throwing at the lanterda. ;^ n ' / r; • ; ; ;;

': The Sergt. - said admitted that he himself also ' ■.'■■■ Witneßi-Poufson and he. held a slick; Ewingtofj' srid Poul6dn~picked them up. Caleb fee lOnly;took foar lanterns ||ome.;> i',y. 7-T ■ ,taking soiye of,t)ie;j,anferns| j,ii 'j /• £ i'WitnessMalf o wea isaidj hp.t not: a ee; Harding'; ftflffr.: Wi>o?B».4i4. jot Jajfei any home. j David j SWnd laid'oile. ioft fthd' la#ps was on fire, and hiß .thr.ew a stone to Witness Mallowei swore Stone threw it the lamp, and that none of the lamps were on tire. ' , As there was bo evidence t« connect

Harding with the case he Was; ordered to | saw tbe lamps ,|*oafun, and D. Sttyethrowing; at the lamijijf.. Did not know what, b'eoama of stamps,'' Only saw Stone throw 'once at a lamp, which was not burning; William BalpK called by D, Stone .deposed he wsb Theatre Boyal on .the n m(['iit ofjhe Brdr J He iaw the' imall boya breaking the lanterns, Ht did not iee auy'stones thrown by .Stone.. . Was with Stone all. the time, : r ;v

.. J)!..lmliip said li« should conviet Stone. """ s

■Stone,, stated r he' threw at blazingnsarMe of ilio< the verandah., TfitnVea was the ringleader' of tha'email boys. - . His Worship said Stohe was.old enough i»o know betterf Sijd'w.Qold hasto suffer iu ppoket,,. ( red,,him to pay lOi towarjllsjooaVlof 'Jatflpel it stioVed,- 20ilfipe and.JOs'edsts,' or Y.'dayj, ~As ! to the'b'oji he ordered them to pay 5a each, if liqt paidi they were; in. jail; for 24 hours. ' He'' severely' 'reprimanded Poulson, who, it, was stated by the police, regularly played.'the '.tru : and,'was .prisoners till the amount of the fine vraspaidi > Police t John Oummihgi;—Supplying drink to Charles Broadbent, a; prohibited person, knowing that a prbhibition'order had!been issued; ,il. (

'[Mrßenall here,-took-.his seat- on the Bench.] ; . Constable lealiy 'deposed lie saw Cummings take a bottlp :6f. beer ;\into., Mr ; Broadhent's shop,' [Tlie.'prohihitiou order was!put in, and defendant said hi knew nothing at all. ,>bout jt,] Witness "continued—lsaw Cummings hand the bottle to' Broadbeiit. / I kiiew, it Was' beer, because I had throttle in in; hand. To.'accused—lkhiw'it was beer. '

. Accused—Wasn!t it water? Witness—HandSne a bottle of beer and one of water and I'll tell you .the difference., I saw the barman |at',l:he Olab Hotel give it you. /

Aceused—l might hare had two bottles. I deny that it was beer'.' « Henry Power depos'ed—Ho was barmau at the Club Hotel, Masterton, and' remembered tho accused purchasing a quart of beer in a bottle on the 28th, Constable Leahy asked hlm what he had served; and he told him. The Constable told him to keep the faot in his memory, :; To acoused—l served yo* sereraltimeß/ I did not know where jon took it. To the Court—:l did not see the aceused leave tho premise? with the.liquor. •To Sergt. McArdle—He vreit outside the'door with it, - [.,■

G. W. ; Schroder, draper, Maalorton, deposed Cummings was formerly in his employ. -Did not know that acoused was awaro that a prohibition order, was issued agajnst Brqadbent, He cautioned him againat associating with Broadbent, as he was not a desirable companion. He did not; remember 1 telling Cummings that Broadbent was prohibited. He might have told him so, : but could not swear it, . His Worship said it was essential that the accused must be aware of the. order, Accused said he had no knowledge that Broadbent waal prohibited or he ' would hare his company, Hjs Worship dismissed the information, bat wished it understood if knowledge of the order could be proved ■ even indirectly penalties Would he inflicted, Cases like the present being a' public proceeding would mako every one aware that Broadbent was a prohibited person. Sergeant MoArdlo suggested that all ordors.of.prohibition should :be gazetted in the local'papers. His Worship ithought that would be rather too serious a atep. KelleheMj Broadbent—Rent and possession, JJr Skipper who, appeared, for defendant slated tbe ront was paid and possession would bo given in a week.. His - Worship -consented to the case being settle'd in this way. Elly v Hookly.,-Debt 111 17s 2d„ Mr Beard for plaintjff, Defendant admitted the debt, and judgment was given accordingly. T, York .v Wark.-Dobt £1414 a 2d. Judgment for amount and costs,