RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume 1, Issue 142, 14 January 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, Jan. 18. [Before J. Giles, Esq., M.D., R.M., and T. S. Kynnorsley, Esq., R.M.] SUNDAY IN THE CELLS. John Ward was found by the police very drunk on Saturday morning, was then and there locked up, aud not recovering the use of his faculties, spent Sunday in durance vile, and was not liberated till yesterday morning, when the Bench, thinking ho had suffered a sufficiently long incarceration, dismissed him without further punishment. CIVIL CAUSES. EXTENDED JURISDICTION. In reply to a question by Mr Tyler, Dr Giles said that he had no power to try cases in Extended Jurisdiction, except when both parties* gave their written assent to it. Mr Kynnersly had been appointed, and although the proclamation had not been received, he believed he had the jurisdiction, and would hear cases when necessary. Mr Tyler, who was retained for the plaintiffs in several cases, said that the defendants would not consent to have them heard now, and they were accordingly adjourned for a week.

GRAHAM V. M'OEE. This was a suit for £45, heard by consent. Mr Pitt appeared for the defence. Mr Tyler, iu opening the case for the plaintiff, said that his client had a horse which the defendant wished to buy. The plaintiff would have sold it him for forty-five guineas, but the defendant would not buy without a trial, which Mr Graham refused to let him have. The horse was running loose in the bush when M'Gee took possession of it and worked it two *or three weeks, when he sent it back, and would not pay the £45 agreed for. The defendant had admitted to plaintiff's brother and another person that he had bought the horse.

William Graham, a carrier, said that on the Ist October he had brought three horses from Hokitika. One was a splendid bay draught horse, for which he refused £SO before he left. Defendant had wanted to buy it. On October 15, Godfrey had bid £42 10s. for it. Witness would not take it. The day after, defendant said he would give 45 guineas if witness would give a trial. He said, "he wouldn't give nobody no trials with him." Horses were then scarce, being wanted to work whims in Charleston. On the 28th October witness left for Sydney, giving his brother authority to sell the horse for £45, but to give no trial of him. Returned on the 16th Debetnber and found the horse on this side of the river in Wm. Berry's possession. It was much depreciated in value. " Bill" said he was going to sell it for £SO to work a machine. Told him he'd do nothing of the kind as he (witness) was going to Charleston to make M'Gee pay for it. Notwithstanding this, Berry put the horse into his own dray and drove him to Charleston. Found it in the stable at Crewdpon's Royal Hotel. Told M'Gee he should summon him for the value of the horse. He said that would have been right enough if he (witness) hadn't taken possession of the horse back again. Cross-examined by Mr Pitt—Jem (his brother) had charge of the horse. Told him defendant could have it for £45 if he liked; if not, he could let it alone. Had never instructed " Torkey" to sell the horse at Charleston. Never told him that all he got over £4O would be for himself. Ho never took him for trial to Charleston. The horse is now at witness's stable across the river.

Ite-exainined by Mr Tyler—Had told " Yorkey" expressly not to take the horse to Charleston. "Witness himself went to Charleston on the coach. "Was not charged anything for his fare. The horse was worth £BO when in condition. James Graham, the brother of the defendant—Had instructions from his brother to sell at £45, and more, if he could get it; but to allow no trial. On the 10th November defendant met him at Morey's Hotel, and asked him the price of the horse. "When he told him £45, he laughed and went away. "Went over on Sunday, and found the horse in a stable. Saw M'Gee haimess him in his own dray. "Witness accompanied him about a mile on the road. The horse worked all right. Ho said, "I'll give you the money the next

time I come up." The next time he saw him lie said lie wouldn't have the horse now because ho wouldn't work in the shafts. At the races, on the 23rd November, the horse Was there in defendant's dray, tho defendant driving. Big Bill brought him back a day or two after. Ho had never authorised " Yorkey" to sell him. Cross-examined by Mr Pitt—Would swear that M'G-ee did not say that if ho could have a trial he would give £45. Big Bill brought the horso back, and he (witness) took it. Moses Crewdson, hotelkeeper at Charleston, had had the horse in his stable several times, heard defendant say that he had it on trial, and if it suited him, was to buy it at a certain price. He had it a fortnight. Duke Ballan, knew a horse that M'Gee had for some time. Offered £45 for it, with a pack-saddle, provided it stood its trial.

Cross-examined by Mr Pitt—lt is quite necessary these times to have a trial before buying a horse. Tvvo"witnesses who had been subpcenad for the plaintiff were here called, but did not make their appearance. An adjournment was then applied for but refused, unless the day's expenses were paid, which being declined, the case proceeded. Mr Pitt for the defence said—That the case had been proved for his client by the plaintiff's own witnesses, the plaintiff himself having been one of those dangerous witnesses who always proved too much. He called Thomas M'Gree, the defendant, who said—That Graham had asked him to work the horse and break it in for the shafts, as he thought that better than, let it run about idle and starve. He expected to sell it to work a crushingmachine. Had declined to do that, but said he would try it for a trip or two, and if it proved staunch, would buy it. After trying it he returned it, as it would not sviit.

William Barry, the driver of one of the coaches, remembered the horse being worked by M'Gree after Grraham. He told witness to take it to Charleston and sell it for anything he could ever ,£4O. He did so, and tried it in a machine but it wouldn't suit.

The Council gave judgment for the plaintiff for =£4s and costs.

TONKS AND HUGHES V. CAMPBELL, Judgment was confessed in this suit, but Mr Campbell asked what his Worship intended to do in cases like his, where his schedule had been filed, but sufficient time had not elapsed. His Worship replied that he should follow his usual practice of enquiring from the Clerk of the Court whether the defendant had any protection, and if he found there was none, execution would issue in the usual way. TOMMY FREEMAN V. HARVEY. This was also heard by consent. The plaintiff, a Maori, for whom Mr Pitt appeared, sued for a quarter's rent for use and occupation of a stable, built on his land in Freeman-street.

The defendant objected to Mr King as interpreter, stating that he knew him to be interested in the suit. Mr Blain was consequently appointed. Adam Porter was called to prove that the stable was occupied by Harvey. It was put up in May, 1866, and was worth from £1 to £1 10s. a week rent. "When he had it, paid £l. The defendant said he got possession from Mr Sweeney, who told him he had bought the land from the natives. Soon after taking possession, Mr Whaylen claimed it, and he did not know who had a right to it. Had written to Sweeney, who was away in a schooner he had, and might not be here for two or three weeks. He asked for an adjournment aecordingly, which was granted for three weeks, with the understanding that should Sweeney arrive earlier, it was to be heard 24 hours after his arrival.

The Court adjourned, and on its resuming, Mr Kynnersley sat to hear the remaining cases in Extended Jurisdiction. DUCE T. GKOYES AND LEECH. A suit for £44 7s 6d, with which it appeared Groves had nothing to do, and was dismissed as against him. The summons against Leech had not been served, and the hearing of the case against him was adjourned for a month. CAINS V. DAMMS AND YOUNG. Claim for £95 5s for wages. The plaintiff not having his witnesses ready, took a non-suit, and not being able to pay the costs, 14s, was ordered 24 hours' imprisonment. UNDEFENDED CAUSES. Stitt Brothers v. Samuel Gtra/iam, for £lO 19s 2d; Smythe and Co. v. Melville, £57 5s lOd ; Same v. Adam Porter. Judgment by default in each case.