R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3212, 23 May 1889, Page 2

R.M. COURT.

MABTERTON-THURSDAY. (Before Colonel Roberts M.M.) DRONK AND DISORDERLY. John Murphy, charged with being drunk and disorderly, pleaded guilty to tin above offence, but pleaded extenuating circumstances and that hiß conduot had boen provoked, Constable Cooper proved the charge. Fined 20s or 48 hours. Accused, on leaving the dock said, " It is a robbery, my (j—— CIVIL CASFB, • Wro. Prangnell v Joseph Wilson. Claim L 4. Judgment by default and costs 6s. L, J, Hooper v T. Joyce, Claim L2 3s, Judgment by default for amount and costs 6s, T. G.Mason v.T. Parsons,—Claim £BIO. / Judgment by default for amount, and costs 6s. Trustees Masterton Hospital v. B. Drysdale.—Claim £slos. Judg-ment-by default for amount'and costs 10s. O. Anketell v. J. P. Bannister.— Claim £3. Judgment by default for amount and costs. T, Dixon v, R, R, Meredith,Claim £5. Mr Beard for plaintiff, Mr Bunny for defendant. Thos. Dixon deposed that he had doliverod to the plaintiff an incubator which ho guaranteed to be self-regu-lating and in perfect ordor at the time. He went to tho defendant's house the next day and set it going. About a month after that defendant told him that the temperature varied up to 15 degrees in as many hours. An incubator would only be selfregulating with proper management. (Tho incubator was here brought into Court andexamiuedby plaintiff, who found that the capsule was useless.) The machine was, as far as he could see, in perfect working order. The incubator was tested for a week before delivery, and did not vary in the least. About two months ago Mr Meredith offered witness 80s to take the incubator back, but declined to do so. The weight of a piece of string across the raising rod would prevent it from working. Tried the machine at Mr Meredith's, and explained its working. Mr Meredith said the machine was not working properly, and gave as a reason that the children might have been playing with it, A month after; Mr Meredith asked witness to take it back and regulate it. Had never seen an incubator the timber of which did not crack alter a degree of use. By the Bench; Considered it Mr Meredith's place to seudthe machine baok if he>anted it reotified.

By Mr Beard: Mr Jacques went, at witness' request, to see the incubator after Mr Meredith's complaint. By Mr-Bunny : The capsules sometimes burst in testing them,'but with proper care would not do so afterwards.

Roland Jacques, sworn, stated that he went to eee the incubator, at Mr Dixon's requestj and found a lookingglass on the machine, in such a manner a* to prevent its proper working. The machine was a little above the proper heat at the time. The temperature was a few'degrees above the specified heat. An inoubator should only be attonded by one person at a time. ■

E. J. Harcombe, sworn : Was employed by Mr Dixoiv to collect account against Meredith. The latter said that if plaintiff would put the .machine in working order, he would pay it. Mr 'Meredith also offered to pay, he thought, 80s, if plaintiff .would take "tho incubator back,

For the defence, Kichard B. Meredith, sworg, stated that the machine was guaranteed to be self, regulating. Mr Dixon delivered the incubator, and set it. A week afterwards, ha informed Mr Dixon that the thermometer would register 105 degrees without raising the rod. Mi; Dixon said tlie shrinking of tho pod tos the oause of it not working, and promised to" go up and repair it. - Witness personally supervised the machine for a. week, and then handed it over to tho housekeeper. Tried two batches of eggs, hut both becftmg adnlcd, - ' • '•.••By Mr Beard; Would sw&tr lie did not offer to return the incubator. : .

(iisrr mim>)