RESIDENT MAGISTRATE COURT.

Westport Times, Volume VIII, Issue 1224, 30 October 1874, Page 4

RESIDENT MAGISTRATE COURT.

(Before Joseph Giles. Esq., R.M.) Tuesday, Octobeu 27. Stitt v. Weston.—Judgment in this case had been deferred. It was now dismissed on the ground of discrepancy in evidence of witnesses as to the date of alleged wrongful act. The bench giving as opinion that the defence raised by accused that he was obliged to run his dray over the footpath, was not a valid one. Although the footpath had not been formed by the Municipal Council, yet as it had its existence within the boundaries of the Municipality, it was subject to the by-laws of the Council, as any other footpath would be, made under similar circumstances. Inspector of Nuisances v. George White.—lnformation for allowing horses to stray in Palmerston street. Second conviction. Defendant excused himself by stating that he could buy no feed for his horses in Westport, and had turned them out at the Orawaiti road, and they had strayed back to town. Fined ss, and costs Gs. Same v. Montgomery—A similar charge.—Mr Fisher for plaintiff. Defendant did not appear. The offence was proved, and defendant fined 7s 6d, costs of Court, Gs Gd, and counsel's fee. John Walker v. Charles Jones.— Charge of stealing, on the 20th October, a boat and sculls, valued at £9. The complainant, in evidence, said he had missed the boat from its moorings near the Red Buoy, in the Ruller Lagoon, on the 20th instant. Had searched for but did not find it until the 22nd inst., when he saw it on the town side of the Duller river. He had never authorised anyone to remove it from its moorings, and did not know who had moored it in the river. Henry Daulby : Had seen the boat, the night belore it was lost, at its moorings. The next morning it was gone. On a following evening had been on the beach, and saw Jones and Yankee Jim drawing the boat along the surf from the direction of the Orawaiti, to Westport. Witness asked Jones where he had got the boat, and he said lie had been washed over the bar in the boat two nights ago, and that he had first got it from the South Spit, where it had been given him by Harry Busch. Witness then took possession of the boat on behalf of the owner. Jones and his companion give it up without hesitation. Henry Busch: Had suggested to Jones that he might take Walker's boat to cross the river as he could not manage a canoe. Had not explained this to Walker as witness wished to keep out of Court. Case dismissed, as not one for criminal action. Same v. Same.—Charge of assault. Complainant had asked defendant why he had stolen his boat and defendant had threatened to knock his teeth out and gave him a blow in the eye. Complainant retaliated, and they fought. A witness had heard some talk and thought complainant stiuck the first blow. Case dismissed. CIVIL CASES. Rob. Why to v. Donald Ross.— Claim for £5 5s goods sold. Judgment against defendant by detault. Costs 335. Honi Mahuika v. Patrick Mulqueen.—Mr Fisher for plaintiff, Mr Shapter for defendant. Action for detenue. The alleged facts, as stated by counspl for plaintiff, were that in 18G9 plaintiff had taken a watch to J. A. M, Turner to repair and could not afterwards get it back again and had never seen it until about two weeks ago, when he had found it in the possession of defendant. Plaintiff in evidence said he had given the watch to Turner to repair some time after July 2Sth, 18G9. Had no money to pay 17s repairs, at the time, but some months after Turner had offered to give it np if plaintiff would pay him £1 2s Od for repairs to watch and for drink. Plaintiff at that time refused to pay more than the 17s and left the watch for a month or so more. Then went ibr it but Turner said the watch wanted oiling and he was jo come at five o'clock. Went once again but could not get it. Went another time and Turner said the case was broken and he had sent it to Charleston. Plaintiff then went, to Nelson still leaving the watch with Turner. On coming hack asked where the watch was and Turner said it was in the New Zealand bank and he, plaintiff, would have to wait until five o'clock, when he could get it. Called again, and Turner said the watch was rusty and wanted more oil. Plaintiff got tired of calling, and it was not till 1872 that plaintiff went again with his brother to Turner to pay the money and get it. Turner still said he had it, but asked him to call in again about five o'clock. Culled again, and saw Turner running away; Turner's wife said he was out. Plaintiff after that never troubled about it, except to tell the rest of the Maoris of his tribe to look out for it. A fortnight ago Big Paul, a Maori, had told him Patsy Mulqueen had it. Plaintiff saw the watchin Mulqueen's possession, and then went to Turner, who said he had still the watch in his possession, and would give it to him. Went to Turner's house with him to get it, but Turner asked him to wait until the Saturday following. Plaintiff then went and reported the case to Sub-Inspector Kiely. Two days after, wi-nt to Turner's and told him he had sold the watch. Turner said no, he had still got it Plaintiff said '• it's in the hands of the police." Plaintiff then called in Kiely [

and Turner then said witness had sold the watch to him for £2los, but he could not produce any receipt. Tt had cost plaintiff £0 10s, and he had never sold it to anyone. J. A. MT, Turner, sworn, said five years ago he had offered to give plaintiff £3 10s for the watch and had given him the money. After the sale of the watch, plaintiff had never again asked him about it, although calling at his house with fruit and other things for sale nearly every week. Witness had sold the watch to Job Muuson four years ago. By Mr Fisher: Never recollect the Maori asking for the watch. Never had a grog score against him, nor ever made any claim for it. The Maori had never offered him a £1 note, and offered to pay for repairs to the watch. In his watch receipt book was an entry of the purchase. Don't know where the book is. It was given to the Trustees in his, witness', insolvent estate. Had made inquiries, but could never regain possession of his books'. Never told the Maori that the watch wanted repairing. Never told him to come back at 5 o'clock and then he would get it. Never knew the Maori to come with his brother asking for the watch. No Maori ever offered to pay for the repairs. Never said it was in the Bank of New Zealand. Had told the Maori he knew who had the watch, and would if he wished to repurchase it, try to get it for him. Had at that time told the Maori that he, Turner, had sold it over four years ago. Had paid the Maori cash £3 10s, and had sold the watch with another to Job Munson. Would swear that he had not pawned the watch witli Job Munson. At this stage the Bench said it was impossible to give a verdict for plaintiff. There had been, on one side or the other, as gross and flagrant perjury as hod ever been yiven in that Court. The Bench hoped that some inquiry would be made to find collateral evidence to prove the charge against the guilty party. Case dismissed. Eeid and Co. v. P. Wills.—Claim for £3 ss, theatrical advertising and printing clone in May, 1573, for defendant, he then being one of a company styling themselves the Star Combination. Judgment for amount claimed and costs, 9s. Reid and Co. v. Charles Burford.— Claim for £2 12s, theatrical advertising ordered by defendant as manager of the Burford and Stephenson Dramatic Company. Judgment for amount claimed and costs, 9s. Charles Vernon v. Wm. Lloyd, as liquidator in the Excelsior Company estate.—Claim for £37 16s 4d, alleged due as dividend. Messrs Pitt and Fisher for plaintiff, Mr Shapter for defendant. Counsel for defendant applied that proceedings might be adjourned until after the sitting of the District Court in order that the defendant might comply with clause 105 of " Mining Company's Act, 1872," in obtaining sanction of the District Court to defend the action. The Bench granted the adjournment, and also application of counsel for plaintiff that particulars of their client's designation should be amended to " Charles Cohen, sometimes called Jas. Vernon."