RESIDENT MAGISTRATE'S COURT, HAMILTON,

Waikato Times, Volume I, Issue 55, 5 September 1872, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON,

Tuesday, Septembku 3, 1872. (Before W. N. Searancke, Esq., R.M., and William Steele, Esq., J.P.) HiGiiLEY T. Hill.—Debt £15 55., set-off £3 Gβ. Gd. and costs, 14s. paid into Court. Adjourned to the 17th hist. He.n'KY LeWis v. Toii>*wald.—Trespass and damage done by defendant's pigs. Adjourned to the 17th inst. Wood Broth eks v. Hill. This w T as an action brought to recover , the sum of £10, the amount of damage alleged to have ensued from the unlawful detention of a letter by the defendant. John Woods, sworn—Last Saturday week, 24-th August, a native was passing my shop ; he asked me my name ; I told him; he said he had brought a letter for me; had given it to the Pakeha below ; he theivwent back to try to get the letter from him ; but Mr. Hill would not "give it up; native came back ; shortly after Mr. Hill came by my shop ; I asked him if he had got ft letter for me r he told me that he had sent it across by a boy the- night previous ; he also stated that lie had put the cattle up so that I could not buy them ; this win opposite my shop'; short ly after he was coming by again; I asked him again a second time for the letter; he again stated that he had sent it across by the boy ; I asked him what; boy ; lie quietly told me to ; 1 went straight "away to Mr. McGovcrn, find took the native with me ; I Vent afterwards to look at the cattle; I saw Andrew Barton ; lo said he had sent a letter to me ; had not sent one to Hill ; in the mean time, in my absence, the letter was thrown into my shop ; I claim loss sustained by not receiving the letter in proper time ; when I got back, the boy told me the letter had been thrown in-, and that the letter had been opened; these cattle were worth £10; that is at the price they were bought at; I could have made £10 by them; "Hand stated they were the cheapest cattle he had bought for years. Cross-examined by Defendant—l wont down to see some cattle ; I did not offer £9 for the bullock ; I offered the native £11; the letter was delivered at my shop about 10 o'clock on Saturday morning.— (Letter produced in Oouit. The ruitive said that the letter had been opened. Andrew Barton, sworn—On Thursday, 22nd August, three natives came to me with four head of cattle; the natives asked me to write a letter to Woods and Farrell about the cattle , ; wrote two letters ; one to Woods and one to Farrell; gave the letters to , Metai, and instructed him to deliver the letters himself; that is one of the let tcrs ; I sealed it at once ; I did not break it open ; I did not send fi letter to Hill or any one el<e. By the Plaintiff—l said it, (the letter), was no use to you now, as Hand and Hill had bought two of the cattle. By the Court—The purport of the letter was— "My dear Woods,—There are five- head of cattle eom'in<T from Eawhia, Raglan, if you want to buy them." - Metai, (native), sworn—(Mr. Edwards officiating as interpreter) I received a letter from Andrew Burton, stating that he had found some one to buy his cattle, and to come down on the 22nd ;■ I came in on the morning of the 23rd ; I received a letter from Andrew Ban-ton for Mr. Woods; the same day I arrived in Hamilton; that night I went down to Hill's ?tore ; astedMrs. Hill where Mr. Wood's lived as well a-- the man to-whom the letters were addressed; Hill told him that he lived at the other sido of the river; at the same time Hill told him he would deliver the letter ; Metai refused to give over the letter as he was directed to deliver it personally ; Hill persisted in taking the letter—in fact took it out of his hand ? next morning I went down to Hill's store to get the letters ; Hill told him that he had delivered the letters to Woods ; on the morning of the-24th he saw Mr. Woods; asked him if he had received a letter from Andrew Barton; Hill was standing by at the same time ; Woods and witness went to Hill's store to ask for the letter ; he refused to give up the letters ; at eight o'clock he went into the store. Bv the Court: Hill took the letter from me. Hill took the letter, not Mrs Hill. Wife was present. It was taken from me in the shop. By Defendant: You were- there. No, I did not offer the letter to Mrs Hill. I gave it to you—in the shop. I asked who the letters were addressed to. Yes, I told John Hand the same night that I had cattle for sale. We looked at the cattle about seven o'clock. Hill, Hand, myself,, and two others went to see the cattle. It was the second time that Woods offered me a a. price for all the cattle. Woods offered me £11 for the big bullock. When Woods offered £11 for one the other two were sold, William Ripley, watchmaker, sworn : On the 21th August I heard Hill tell you (plaintiff) to . 1 was in your shop when a letter was thrown into the shop by one of Hill's little girls. It was about ten o'clock. Yes, I saw the letter. I could not say if that was the letter. Nothing whatever was said when the letter was thrown into the shop. The lett er was thrown into the shop. The letter was doubled at the time. Tristram picked it up' Could not see whether it was opened. Charles Hawkins, sworn : On Saturday, 24th August, heard plaintiff ask Hill for a letter. He said that he had sent it over by a boy the night before. I heard you ask Hill the" second time. Tristram showed me the letter a short time after Mr Woods had asked him for it—that is the letter. I know it j bv the sea 1 * I saw the letter in Woods' shop about j nine o'clock, as near as I can guess. It looked as if it had been opened, Henry Tristram, sworn r I remember you (plaintiff) asking Mr HOI for a letter. He told you that he had sent it over the night before by a boy. I received a letter while you were away—only one letter. Mr Ripiey and Mr SlcCann were in the shop at the time. Mr Hill's step-daughter Ellen delivered the letter. I showed the letter to Mr Hawkins, it had marks upon it as if it had been when I reI ceived it. No one opened the letter whilst I had i;. I said Mr TTill bad tev.t a letter here, an-1 it looks K3 if ii bad been opened, (Letter produced. There

mi* a u-ur ucroas Hit , seal. I (to nul know what tiie letter contained. Kllen did not give me the letter, she threw it on the shop window. " J picked i< *p. For the defence—Mrs Mill, sworn : On t.ie night of the 23rd August three natives came into my shop and asked for Tommy (my husbaud)—he wan not in. They said that they had lour bullocks for sale. They naked me if they could come in to the ft'ro till he came: They sat there for *omo time, when iny husband arrived. "While in the kivoh.cn they handed mo two letters—one addressed to Woods and one for Farrell. I looked at the address and handed them back again. After my husband came in, the native.* met him iu the door-way, and handed him two let tern. Ho opened the drawer and put them in. I saw no more of them till next morning between eight and nine o'clock, when he came for tiio. letters. 1 .said I had sent Woods', luirreU'd is there. He asked me by whom; 1 said the child. I am quite sure .Mr Hill put the letters in the drawer,they were not lost. I saw them there the next morning, i scut the let tern between eight and nine o'clock, it. was not between nine and ten. The native made no remark when lie gave the k'tter to J J ill. lam sure that is the letter, it was doubled as it is now. In giving judgment, the Bench expressed themselves in strong terms at the disreputable conduct of the delendcut. Judgement for plain till"— -.CI, and spsoo £3 3s. McKkN/.IK V. POTTKIt. Claim 10s., poundage ices for cattle wrongfully impounded, contrary to the 21th clause of the Auckland Waste Lands Act. Judgment deferred to obtain legal opinion upoiii certain clauses of the Waste Lands Act.