R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3747, 27 February 1891, Page 2

R.M. COURT.

MASTESTON—THURSDAY.

[Before Colpnel Roberts, R.M.]

jTHURSDAY.

Ross and Muir v. Donald.

For the defence in this case, MiBeard contended that the press made was a sample one, and that there was an arrangement that it should be sold to Mr Donald for £B. The defendant hid no voice in the repairs made, as they were made for Mr Mawley, The defendant had never received an account for the goods stated in the bill of particulars. Donald Donald, sworn, stated that he received an account a fortnight ago, which he had never received before. He faftd received only three accounts since January, 1888. When the first arrangement was made with Messrs Ross and Muir, it was decided to have sample presses made for distribution, so that people in this, and] other colonies might see them for the purpose of getting orders. He arranged with Messrs Ross and Muir to make them at £8 each, and he got orders for three within New Zealand. He had occasion to go to the Melbourne Exhibition, and alter a conversation with Ross it was decided that a press should be made for him to take with him. The press was accordingly madaand shipped to Melbourne to be put in the Exhibition as a sample, to try and get orders, The price of this press was to be £B. The press was still in Melbourne, and bad not been sold. He had never instructed the plaintiffs to repair a machine as charged for. The woik wa3 done for Mr Mawley.

By Mr Pownall: Told Mr Smith what repairs should he done to the machine, whioh was left at Ross and Mair's by Mr Mawley. Did not s*y Mr Mawley was to pay for machine. He had ♦»j'(Jointed another

maker for the presses three weeks after Mb arrival in Melbourne, for the very good reason that the press made by Boss and Muic was not saleable in Victoria. He had informed Mr Ross that lie thought it would bo a good idea to send a press to the Melbourne Exhibition, and Mr Boss agreed with him* Had b? been able to sell the press at £22 Messrs Boss and Muir would have reaped the benefit. The press was not sent for sale. The machine? made by the Melbourne firm were being sold at £22 10s. He did not care to disturb the arrangement with Boss and Muir to supply machines for New Zealand, although he employed another maker in Melbourne. The duty was too high in Victoria to make it profitable for Ross and Muir to send machines to thut colony.. The machines were also°faulty. He had told Ross and Muir of the defects.

By Mr Beard : The press was made with the object of promoting the sale in Victoria. There wus nothing binding between himself and Boss and Muir that the latter should make machines for the whole world. The press sent to Melbourne was never made or intended for sale and no royalty was charged on it. Argument of counsel hbring been heard, His Worship gave judgment for tho plaintiffs for £ls.

FRIDAY.

The Babbit Act.

John Matthews was charged by Inspector J. Wallace Smith with , a breach of the Rabbit Act in failing, to destroy rabbits on his property. Mr Bunny appeared for the plaintiff and Mr Beard for the defendant. The defendant having pleaded guilty, was fined £l and 7s costs; Insulting Language.

Samuel Lyons was charged, by< a young Maori woman named Morehu Whitiwhiti with using language towards her calculated to provoke a breach of the peace, Mr Pownall appeared for the prosecution and Mr Beard for the defendant. The informant, sworn, stated she resided in ! Masterton. She Temem» bered the defendent using insulting lan* guage towards her opposite Thompson's publichouse, but she forgot the day. Her husband and another man were having a ' dispute and she weui to settle it, when the defendant said, ''Keep' away. from this you b • Maori woman," The defendant was standing on the publiq road at the time. Witness got out oE. the way, being afraid the defendant would strike.: her. .She' then - Went with her husband towards her hbine, and was followed by defendant. By Mr Bsiard: 1 There' were a, number of Europeans present at the; time, together with her husband and' her friends. She understood English, a little, but only heard the defendant, use the words referred ,ta Her! husband and. theft defendant were fighting by the side of tlie ; hotel on the footpath. Recognised Bone and Thompson as being present when the language was used.

By Mr Pownall: The , Europeans present could hear-thevlanguti^•used"; Ipi Ipi, sworn, stated that he: was present when the defendant used' the bad language. He cursed the informant and pushed her abput, calling her a•' T^is : was on the : footpath outside: Thompson's hotel. The language; used caused no excitement.-■-There, was a disturbance before,it was , used,i but the disturbance was increaseclby I the language. ! By Mr Beard : The disturbance was not caused by Bonei asking'Morehu for money. Bpne wanted the,, defan-. dant to strike his wife. Morehu was: not asked for money. '• i;/ ! \><'■:<

Meta, a resident of Te ,Ore Ore, corroborated the evidence already given.

Cross-examined, by Mr Beard: Thompson, Bone, Mulvay, and Foul-' sob were present at the time. Sergeant. Price deposed to QueenJ street being ft public place within themeaning of the Act. , For the defence it wiwmaintained that the words alleged to have' been ÜBed were not used by the defendant. j The defendant,. sworn, stated that he was present on the 12th February when the disturbance took place, 'but; did not use the wQrds alleged; - He; was not mixed up'in the ro\». was asking Meta.ior inoneyfandi witness said, "Why don't you pay it; it's only five shillings." Another Maori then c&me;up and saidi have your to do with The woman afterwards came up and struck; him with the umbrella. i

By Mr Pownall; Hft b Q d not used: the works gqoftplairied of. ' He : ' Had' sho\?n his summons to his witnesses,; but'had not arranged what should be said. He did not make it a practice, of following Maori women about, and was net an annoyance to them. Reginald Bor\e, sworn, deposed he! was present with the defendant when the disturbance took plaoe. ,- He. did: not hear the defendantspeak ! at All to the woman. Had the language com< plained of been used he-would have; heard it. '

By Mr Pownall: He was askitig the Maori for five shillings he owed him, when the' defendant assisted him. The" Maori woman was running 1 about with her umbrella, but he did not see her hit the defendant, The language complained of was not used. John Thompson, A. Poulsen, and William Mulvay, who were present at the time, each swore that they did not hear the language complained of used by the defendant. The information was then disinissod, with costs.