Civil Sittings.

Waikato Times, Volume X, Issue 618, 6 May 1876, Page 2

Civil Sittings.

\A.n application for the transfer,. pf the License of the Duke of Cambridge Hotel to Clias Edward Rose, granted. Morris v McCopnecbie-^-utfo appearance. Cr.sp stpuck out. • Harris v Connel^-CJajm, i£6 ,63. Mr Hay ,for,plaintiff. No appearance, of defendant. -Judgment for .plaintiff fpr.fall amount and 'Costs, £2' 4s. Guthrie v Moon-rCLvim, Jj-19f9s. Mr Madden for plaintiff. Ao.appearance bf defendant Judgment for ( .plaiubiff»with cests. . B € Beale t . frer Het«i 'Terawhiti. Cl»im, £5 5s fos.professional, attendance. "Mr Madden for plaintiff. \ Mr' Madden said this *was a-claim for professional attendance on .- defendant's ddugher atflTnupiri. Plaintiff , received a telegram from Ca tcßowe telling thim to ( coxae at, once as Miss Terawbili was dangerously 'ill. -Plaintiff accordingly tV wept ,aod »was jeoeived iby defendant v >wl»o accepted his services and wrote, or at least signed his name to three tie iters asking for further adfice, hut the defendant Bovtf declined to pay on the grounds that he, had, never authorisedjCapfcun., JRofo.. to send'the. telegram. 1 The defendant was; first placed t in- the box by Mr Maddeja, and stated — J remember I Dr Benle attending my,i daughter jn A.pril, 1875. ,Jt was not , at my, req,uegt, Idid not know who sent for him. 1 1 did not know what be caone for. .t&kgne <o«e told nie;Dr Beale was th«e. j I did* npt consent torDrJßeata acting as medical adviser. I was -presetft in t the ptck. room when iDr JBeale\waa 'there, i I. did not tell him to go away. k JMy daughter was,, very 111. - Tha.signafcnre to this 1 better is, mine (Letter .put iv and read asking foriJTurther advica and medicines. *' Second letter asking tkieJDQctor to come / ag*\n, if possible, putin and admitted by defendant.) , Examination continued, I never asked •Mr Rowe to -telegraph ibr<Dr Beaje. 1 1, never' asked 1 iMr Engall to telegraph ftr. him. Mr Engall wrote the letters and I isigned them I never held myself responsible to Dr Bdale- ' I sent a telegram tof Dr .Ifceale dispensing with' further . attendance,, on account of . distance. >X)r ] :B.e;ale \. w»*ote down his instructions at Abe. Key 'Mr*,^shwell's but I did . not ask, him<to-,',g<i v .there On the? Bth. April' I joffered* iDw^^e.^2 to settle it. _;,Myi daughter isiuotj gl. Dr Beale- said I.rjPQeiv^di a( . &ara;Captain , Rowe' .tQ tattptid^Msssl^ca- ' L.attendeii, > hen:on 1 «4wptelbfilil<he telegram, i I •sawl l dQfet)d;WiirtlT<tiQ-(St«U>i3*d t.my advice. \ luidlfliwrnvlphyl litovdooieeje.

ttifrtb the'siclrchflmber. I "went with d" f,. :>,.• - v , ! ''o\ Mi \-l,.\i M's on pn pose '- i 'S- > iivr.<^t,")us ti ,wiJalc<l Two of the letters iv-t-e sent in tho mid li< of *4ie night. I replie \ and sent medicine. I charge five guineas for my journey and ' the three consultations, it is a reasonable charge. The defendant consented to my I .attendance. Ifcros-vexamined by defendant. Captain Rowe aent the first telegram. I received it as a telegram from yourself. By the Cj§jrt — Mr charge is five guineas for tfcstrips. I have not charged specially tor the consultation. This was the plaintiff's case. Robt Worthington called for the defence ■said — I did not «co any letrer written by Heta asking Dr Beale to come down. I mw a letter written by Geo Engull asking Dc Beale {*> come down. I lived at that time with ' Geo EngHll. *He asked a* to - Uke a letter to Dr Beale, which I did, and' Dr Baale gave me an answer, but no medicine. Geo E.igall told me he would pay til** D tcior if he came. The next day he got Tom Terawhiti to- come up and the Doctor gave him some medicine. Cross-examined — Kngall signed the letter to Dr fteale. I know thp content^ o< % the letter (le> tei Bhown.) Engall wrote Hela's signature \fter some explniuino i the witness refine.l to Bw,<iir to the letter, the lefend-mt having admitted the signanature to be his. B/ "he C'Mirc— Hett w-ts not i.-i ihp room when lie le t r was wuitPti. I d.not know whetner He'a \vnn ab »ut or not, it wut written in liei.i'a house. I did not see it paa-ed ut of Mr Hn^tir? ii.md. I#ta not n«ar«.»t' .my-wooii'l l^tt^t >>'iiii; 4rHtt<sii T'ieO)iir *.. i r " nlv 'pMn'i for it 'to «le>':de, w.is .vlifilKM 1 tlie <leio,i Liur wa responsible for tin* hy Cap' R iwe, and quoted tie d.j« h:o i jri'en i:> case of Be»le v Tr.'g*).,r, in which the party signing a si mi ar te egr.ira had been summoned by Dr Beale and j.id^ment recovered. Mr Madden drew the attention of tin Court to the decision m tiie ca^e "t Baalc v Scott, in which the Court ruled th 't the agent, having disclosed the name of his principal w.is nor, respo:i-ibl", this wa^ a precisely similar c»se Capt RoweV principal was Miss Terawhiii, and she not being of age her Father had been summoned. The Court gave judgment for defendant with costs. Mr Madden gave notice of appeal. Jas Dum v R Gwynne — Settled out of Court