R M COURT NGARUAWAHIA. Before W N Searancke, Esq, R M.

Waikato Times, Volume X, Issue 687, 9 November 1876, Page 2

R M COURT NGARUAWAHIA. Before W N Searancke, Esq, R M.

Criminal Stdi. WilHsm Gubbins «li»rged with using indecent language in a public plar-e. Fiued 20i and costs, or in default 'l4 day* jnprifoument.

William Slatrc Was charged by Joh-h Magner with wounding a cow valued £8. At the time for bearing S'arr did not appear, ie bejnjj at the time out on bail. The case therefore stood over for the production of Starr About 8 o'clock, Mr Kay, the bondiman appealed »ird gaVe up StaVr mto the bands of the Court. 'ihe evidei.ee of the progecut or, J,ihn Maguer, went to prora that he heard a shot firrd, »nd shortly after saw his row wounded. The shot «as fired by Ntarr, ft lad of f .nrteen, in whose gnrden it wai treBp»^fill(i at ihe timf. Prosecutor went to Siurr's house and asked him what ho shot the cow with, and he reuli d, " -small hail." The evidence of Wm S\e\lj and Constable Doolan also went to bring the charge home to the prisoner, who it appeared, in common with others, was of the belief that he could shoot at c ittle when Inspassing on his ground. Constable Dool n gave the lad an excellent character, and the cow had an equally balone, being notorious as a fence breaker and gate opener. The Court said in consideration of thd good character and youth of the accused, and the absence of malice as a motive, he should not commit him for trial, but cautioned him Beverely|a» to the illegality of the act which might involve him, i£ repeated, in a punishment of fn>in 3 to 14 years penal servitude.

Eafftn t Edgcumb. Claim, £16 4j 8d for work done in cutting rail*. Mr Hay for plaintiff, Mr Wbitaker for defendant. Mr Edgcumb said : I know Baffin, saw him in June last. He asked me for work and I agreed to giro him £30 for 1,000 totara poets, split to a certain size. No memoiandum was made There has been no delivery of totara poets made to me. I never made any contract wiiJi^Bafßn as to rails. I bad no conversation with him as to rails. I am not quite »uro ab ut dates. I offered him £2 per 100 which lie refused. I bought 1200 rails <rr>m Veith, not us Baffin's rails, but as With's. I knew they were tho same raila at Kalfrn offered me. I did not know they were Ratlin's rails. There wis no -until) •> iv connection with the purchase of them. They have been delitereti to me. Kaffin applied twice for the money. 1 told him I would not pay him. I remember offering to become guarantee fur a pair of bullocks for him, I did thut to that Eullin could get posts out' lam not sure i. ever said I would nut pay Baffin because 1 bad bought from Yeith. I never took delivery of the rails in the Creek. The rails were to be delivered where a barge could get at them. Baffin never asked me to take delivery except at such a place. Raffin examined through Mr Errickeon, ns interpreter, aaid, lam a bunhman I know it was m the month of June that I saw Edgcumb. He asked me if I had a luer.se and bullocks in the bush. 1 said, yes, I had. I a-ked Mr Edgcumb if he would buy all the timber in the bush. I saw Mr Edgcumb od July lit. I went to Edgeumb with my mate, G-uillard, and Mr Veith as interpreter. I asked him if he would buy all the timber he bud split, 1,200 rails, and Mr Edgcumb laid yes, he would I said I wanted £2 lUs per hundred. He skid it was too dear, lie could not take them. I said there it no harm done, if you don't take them I will go away. Afterwards I law Mr Edgcumb and Mr "With together in Mr Veith'a »bop. Mr Ldfccumb said I will take your rails if you tuke ha'f payment in goods and half in cash. 1 said all right, you must come and count ih m and take possession of them in the creek. At the time I required no goods, but I q .ye un order to Mr Veith to take £15 in goods. lam quite sure I agr<e<i wit.i Mr Edg-.-cunib, iv the presence • f Mr Veith, tor the sale of 1200 ra'lg. The rails weie to be delivered in Firewood Creek. Mr Kdgcumb had to put tlem iuto a barge. They were there three months. Mr Edgcumb then < ffered to pay n c the balance in goods, if 1 wished, and nude other offers of settlement. I saw Edg. cumb in August last, but I caun< t remember the date. I asked Kdgcutnb for money to g-t bullookc, but Edgcumb said be had no money, bac he would giro me an order on Mr Barton to get two Uullocks. Up to that time there had been no conversation about posts. I did not g> t the builuika. 1 afterwards saw Edgcumb, and asked him for money to pay fir torn* bullocks. He said all right. Bring the rails acr as the Watpa. I said 1 could "not. I afterwards brought them aoioss the Waipa. The lint time I saw Edgcntnb about shifting, he wanted them shifted for nothing, and then he offered to pay for removal. There were three Frenchmen present. There was nothirg said about rates of payment. I paid the men 6s a day for doing it Aft< r removal of rails, J saw Edgcumb, and told him the rails were this side of the Waipa. 1 wanted £16 4a 'I wuiti d nothing elf c I inked Edgcumb for the money on five or six occasions. Mr Edgcumb U^X^t Mid he had not bought the rails' fM* 'it*, but, from Mr Vei'.h. Mr Edgcumb always promised to pay. The last time tie promised to pay was on September 29tb. Mr r dgcumb afterwards said he could not pay for the tails until certain posts were dehvt red. I said pay me for the rails first, and I will settle about the postu aftei wards. Char'ps Veith, said" — About July Ist, I was asked by Ilafßn and his partner, to go Kith them and see Edgcumb about some lails. I went, and Edgcumb was at tea. They <ft red rails for £2 10s per hundred. He refused. About half-an-hour afterwards, Mr Edgcumb came to me, and he made me an offer for the raila on Baffin's behalf, if I would accept it. He said he would give the £2 10s if I took the half out in an account I owed Mr Edccumb. I aaid I would atk the men. Kaffin was willing. He owed me £15. I a*n certain Baffin was present on this occasion. I never sent a bill to Mr Edgcumb for the rails. I remember acting as interpreter when Mr Edgcumb asked Raffia to remove the rails on this side of the river. An agreement was made. J Guillard, busbman — I remember July lafc. 1 was present in Mr Veith'a when some rails were sold. They were sold to M r Edgcumb. They were to be delivered at Fire wood Creek, on board the barge. The payment was to be £2 10s per hundred. I was present at another con* vercation between Veith and Edgcumb. Mr Edgcumb promised to pay for them when he got them this side of tbe river. Sambin said— -I was present at an interview in August, when something was said about removing rails. Mr h dgonmb asked Ratf n to cross the rails over the river. Baffin said he could not do it for nothing, and Mr Edgcumb said he would pay for the removal. A good deal more evidence was taken, when the Court gave judgment for £C 4s Bd. Plaintiff with costs.

BDGCUMB V BAFFIN. Claim, £10 for non-delivery of 1000 totara poite, at £3 per 100. After voluminous evidenoe had been taken, the Court reserved judgment. Mr Whitaktr for plaintiff, Mr Hay for defendant.