RESIDENT MAGISTRATE'S COURT, HAMILTON. Yesterday. [Before H. W. Northcroft, Esq., R.M.]

Waikato Times, Volume XV, Issue 1243, 17 June 1880, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON. Yesterday. [Before H. W. Northcroft, Esq., R.M.]

Breach of the Borough Bye-laws. Wang Ugh was charged with hawking without a licence. The defendant said he had a licence from the Auckland Council, and he thought this would cany him through. Sergeant McGovern said the defendant had been warned by the police to get a licence. The Magistrate fined him 5s and costs, and advised him to get a licence at once.

Civil Cases. Cockhead v. G. Kelly, claim -6-4 Os 4d. Defendant said lie had offered the plaintiff to pay the money as soon as he got paid by the Borough Council. Ordered to pay the whole amount within 10 days, in default 14 days' imprisonmtnt. W. C. Breakell v. John Martin, claim £5 ss, professional charges for surveying land in the Puniu district. Mr O'Neill (in the absence of Mr Hay), appeared for the plaintiff, and Mr Gresham (Te Awamutu), for the defendant. The plaintiff was put in the box, and deposed that some time last year some land of the defendants was surveyed by his assistant. Defendant was not satiefied and asked him to do it again. Witness went to Te Awamutu and saw the defendant and Mr Gresham at the lattors office. He told them that he was satisfied with the work, but if ho went over it he was to be paid b guineas if the work was found correct. By Mr ( Ire-sham : I do not remember saying that Sunday, the day after I went to Te Awamutu, was the only day I could do it on. It was done on the Sunday. I do not remember the defendant saying that Sunday Avas no day for the work. By Mr O'Neill: The defendant was perfectly willing for me to do the work, and assis ,ed me in it. This was the case for the plaiutiff. Mr Gresham said the case for the defence was that the Lord's Day was no day to do the work. He went into the box, atid being sworn, said, the plaintiff at the, interview referred to, said he would do the work on the Sunday if the defendant was not too religious. The defendant said Sunday was no day to do tho work upon, and objected. Witness said the better the day tho better the deed" but the defendant in no way acquiesced in this vie-.v. Plaintiff said ha could not do it for a week if not on the Sunday, but even then Martin did not agree. Cross-examined : I wrote to plaintiff, and asked him to fix an early day for the date The contract was made on a Saturd ly, but wLh the condition that the work should not be done on a Sunday. "By tho Bench : At the interview he heard BreakelJ say he would do the work on the following day, and Martin did not say no. The defendant sworn said he objected to Mr Breakell's doing the work on a Sunday. The plaintiff camo out, however, on Sunday, but defendant did not in auy way assist in the work. He had seen Mr Breakell oince, and had icfu^d to pay him. lie never directed Mr Breakell on a Sunday. Cross-examined: When Mr Breakell camp to me after the interview and said he would come out the ne^t day, and I said " please yourself." I did not promise to give five guineas if the survey was found to be correct. I did not render the plaintiff any assistance. By the Court : I did not consent to Mr Breakeil doing the work ou Sunday by saying "just as you please." I objected because I thought the line would not be legal. The Counsel for the defence said the defence rested on the Lord's Day Act, 20th, of Charles 11, sec. 1, which provided that no tradesman or artificer could claim payment for work done ou a Sunday. He argued at some length to show that oven had the defendant urged the plaintiff to <lo the work on a Hun4ay payment could not be recovered. Mr O'Neil contended that the pro vision of the Act did not refer to professional men, and that, in order to render the contract void the whole contract would have to be completed on a Sunday. He however, relied more especially on the 47th section of the Resident Magistrate's Act, which provided for decisions being given on the equity of the case. He argued that the defendant had virtually agreed to the plaintiff doing the work on Sunday, and now tried to sneak out of the payment. His Worship said he should take time to look over the evidence and consider the points raised by the learned counsel, and give judgment on next Court flay.

The North Eastern Ensign thus Writes respecting the Kelly outlaws. —*If a constable or stranger is seen in the Valley of the King River, the fact is carried straight to the Kellys by bush telegrams. It is not necessary that the telegraph, should speak to the Kellys or even see them. A cprtain way of tying a handkerchief on the sleeve of a coat, when riding along a bu«h track, constitutes a < cypher word, which the outlaws can read without showing themselves from one of their watch towers. The gang have given up all hope of being able to break away, and they are now playing a waiting "game, which must inevitably be won by the police ; but whether the end will come in a month, or six months, or 12 no one can say. The present operation of simply watching the Kellys is costing the Colony nearly £5000 a year ; and all tho return the Colony irets for the money is this, that the police have deprived the outlaws, of all hope of escape, that they are leading a wretched life of anxiety, and daily becoming less and less trustful of their Mentis. It is some satisfaction to know that they have been effectually cornered, and that their capture or death is only a question of time. We know also that anything like another outbreak of crime in the Infected district has become impossible,"