R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3423, 31 January 1890, Page 2

R.M. COURT.

MASTERTON-THURSDAY,

(Before Colonel Roberts, R.M.)

After the usual luncheon adjournment the case H, Phillips'vßruoe was continued.

. H. Phillips' cross-examination continued : The two men who presented the cboque were neither Mr Bruce nor Mr Harding. Before cashing the cheque witness noticed the word bearer was not oros3ed out. Did not take, particular notice of persons when they como to the hotel. Did not take noto of the two men's appearanoe, Had never been "let in" for a cheque before. Showed Harding the oheque, which he recognised as the one he had lost. 'Harding said be had been in the hotel previously, but witness had not seen liim there, j Believed he gavo a description of tho men to Hading. Would not take another cheque like that in a hurry. Had witness known there would have been any bother lie would not have cashed the obeque, Took what lie considered ordinary precaution, Harding at that time did not make any acousation against witness. The first action to recover tho £l4 was taken by him (plaintiff). Ho wrote to defendant with reference to the cheque, and, receiving no reply, took the present aotion. • Annie Dogherty, barmaid in the employ of the plaintiff, remembered two men coming iiito the hotel on Boxing Day with a oheque some time j before twelve o'clook- Would not I know the men again. They asked for, drinks and tendered the cheque, I Witness took the oheque and returned it, telling them to take it to Mr, Phillips. The oheque was signed! "G. A. Bruce." Witness always refered obequos to Mr Phillips. The matter of the oheque oropped up about two weeks later, when Mr Phillips said he had been accused of picking | l it up. Witness replied"■that could not bo so as it, had previously been I handed to her," Saw Steve Harding speaking to Mr Phillips on Boxing I 'Day, but did not have ony conversation with him lieraolf. : I

ByMrPoivnall: Heard Mr Harding aud Mr Phillips talking but took no hoed of the conversation.

C. A. Tabuteau gave evidence as to the clieqiie being presented at tho Bank of New South Wales and payment being stopped in accordance with written instructions of defendant.

• For the defence Stephen J. Harding said on Boxing Day; 1889, ho had the cheque .in question for il4 in his He received it from G. A. Brace in payment of a debt duo to hiffli into Phillips' Hotel

oil that morning 'with a passjjugbr, from Te Ore Ore he brought down on his dray. 'Mr Phillipsland three others stood in tlie doorway. He rns' served with a drink by thV-barmaid aiid caino Btrligbt out again witli liis companion, Ha had tho cheque in the breast pocket of his coat. His | handkerchief was kept iu the same pocket and lie pulled it out as.be went through the doorway. A bout a quarter of an hour-or twenty minutes after ho missed the cheque and went back to the Occidental.Ho Btiw MrPbillipsimd asked him if he badoaslied acheque on Q. A. Bruce. Mr Phillips said, "what is the amount," witness said, "£14," Mr Phillips said " l eashed a cheque, I don't kuow whether it is yours or not, I will see," Ho then took some papers out oi his pocket and the cheque was amongst them,' He said "Is that the choquo," and witness said " Yes, it is drawn by G. A. Bruce." Mr Phillips said "how long ago is it since you lost it," and witness said " about half an hour ago," Mr Phillips said, in answer to witness, that ho did notgetit endorsed as he was busy. He did not know the men, and could not give him any description of them; He said ;he would not know thorn again if he saw them., Ho was so busy he took no notico, He said there were two " chaps," and one was an elderly man. While they wero talking tho barmaid joined in, and said the chequfl was presented to her. Mr Phillips contradicted her statement, and said the.oheque she spoko about was not the one at all. The cheque she brought him was an; order on Levin. The barmaid then said she believed it was an order on somebody, Mr Phillips said the men called for drmks, which ho supplied, and gave them fl4 change. Afterwards the man quietly put his hand in his pocket and paid him a shilling for : the drmks, Witness told Mr Phillips the oheque belonged to him, but ho declined to give it np. He informed , Mr Bruce' he had lost the oheque and got him to stop the payment if it at the Banlr.

Gross-examined: He got the order from Mr Bruce to stop the cheque on the following' morning after he lost it. Mr Bruce paid him the cheque on tho morning of the 2Gth of December. It was payment for a horse witness sold him, Arrived at .Mr Phillips' in a dray at 11.80. Had a passenger ou board. Did not know the man but believed ho worked at Mr P. Cart's.. Would know the raanagain. The passenger paid for the drinks and they parted at the door of the hotel, Witness went to the stables, and it was there he missed the oheque, Howentovor to Thompson's to have a drink with a friend, and on leaving told the

barmaid if a cheque was presented drawn in bis favor not to oasli it, as be bad lost one. He bad an idea that he dropped the cheque in Phillips' and went there. Mr Phillips said at once that he had cashed a oiiequo for £l4. There was no hesitation about it. It was half past eleven o'clock when witness lost tho cheque and it was not twelve when he saw it in Mr Phillips' possession. There were two or three persons present during, the conversation. Would swear that Mr Phillips told him that he gave the man £l4, and that be afterwards took a shilling out of bis pocket and paid for the drinks. Did not insinuate to Mr Phillips that he had not become possessed of the obequo honorably. Edward Humpidge, station band, said he rememberod going into Phillips' Hotel with Stephen Harding I on Boxing Day, Was present when a conversation took place betweon Harding and Phillips. The latter first said the mail who changed the oheque was short and dark, but afterwards he said ho could not describe the man. Ho said be gave full value for the cheque, and this man paid him for tho drinks after. Tho barmaid interrupted tbe conversation and said the obequo was presented to her. Mr Phillips contradicted her and said " No, that was an order on Levin. Phillips said be bad cashed the cheque and could not afford to loso the money. John Hayes, laborer, said he was present when the conversation in question took place, Heard Mr Phillips say he gave two men change for a cheque, and after he got the change the man put his hand in his pocket and took out a shilling and paid for the drinks. Tho barmaid said tbe cheque was presented to her and Mr Phillips said that was not the cheque lost by Mr Harding ; it was an order on Levin.

G. A. Bruce, the defendant, stated lie had received notice from Mr Harding to stop tho cheque on the pround ofits being lost. Ho was defending the present aotion until the Court decided who was the owner of tho cheque. .

Gerard Croan said he had asked Mr Phillips 911 two or three occasions to cash cheques and ho had declined. He said it was out of his line to do it.

Cross examined: It might have been becauso ho had not the ohange.

Thiscbsedche ovidence and counsel addressed the Court on the merits of ho case. It was agreed that the evidence taken in this case should be aken as evidence m an action of rooer taken by Stephen Harding to btain possession from H. Phillips of ho cheque. Judgment was given for: plaintiff in tho first case with costs £8 16s and for defendant 111 the second case with costs £1 Is. FRIDAY. . DRUNK, A first offender was brought up, charged with being druuk, and discharged with a caution. FOUL CHIMNEX Mrs Tetloy was charged on the information of tho Borough Inspector with allowing a chimney in her boarding-house to catch fire, Fined 2s and 6s costs. BREACH OF THE RABBIT ACT. Inspector Prummond v Brown Hunt, Breach of Rabbit Act, under section 10, failing to destroy rabbits on his property. Fined £5 'with 7s costs.

M. Caselherg and Co v William Roigard. Claim £IOO, The further hearing of this case was resumed this morning. - After discussion was taken on either side, His Worship reserved hie decision until Thursday next at 10 a,in,

.George Tovrasetid v Michael Bntt, Ckim £8 5s for grazing. Mr Beard for plaintiff, My Bunny tor defendant. (Left Sitting).