R.M. COURT, CAMBRIDGE.

Waikato Times, Volume XXVIII, Issue 2262, 8 January 1887, Page 2

R.M. COURT, CAMBRIDGE.

Friday.—(Before Mr H. W. Northcroft, R.M.) Waikato Coal and Shipping Co. v. J. R. Lamb.—Judgment summons for £27 0s lid. —Mr Whitaker for plaintiffs said this case had been repeatedly adjourned to enable the defendant to make satisfactory terms as to payment. He then handed in a statement in which Lamb agreed to pay £2 per month. The order was made us per the agreement. Wrlls and Souttkr v. Mangakahia. —

Judgment summons for £53 10* Id. Mr Dyer for plaintiffs.—The Clerk of the Court said he had received tho following telegram ■ rotn Men.»rs Devi >re suid Cooper, of Auek land : —" Defendant no moans, and cannot attend on judgment summons."— Mr T. Wells deposed : I know the defendant, I know that he is a native assessor in the Native Lands Court, and has been receiving 22s per day and travelling expenses during a portion of the time since he was first summoned on this case. He was with Judge Wilson on the West Coast, and I am informed that he will probably be employed for some months on that coast.—Ordered to pay the whole amount, and 40s costs by the 2nd March, or be imprisoned for two months. R. Gkkuing v. Frank Habtlry.— Claim £45. Mr Dyer for plaintiff. The defendant raised an objection, and said it was a partnership account, and he believed the Court had no jurisdiction.—The R.M. : How do you mean ?—Defendant: It is for my share of the property.—The R.M. suggested that, as they had been living together, it was a great pity for them to wash their dirty linen in public. He would adjourn the case, without costs, until next court-day, and he hoped they would arrive at a satisfactory settlement in the meantime, T. Clements v. J. Clements.—Claim, £23 3s 6d. Mr Dyer for plaintiff, Mr Hay for defendant. Mr Dyer said the claim was for wages and money paid on account of defendant.—Thomas Clements deposed : The defendant is my brother. He engaged me to work for him at 25s per week. I worked for him the whole of the timo, from January Ist. to March 17th, 18So". I did all kinds of work in various places during that time, and also paid several accounts by his instructions. I took a notion in my head that I would go to Kimberley, so I sent him my account. I did not receive any response to it. 1 saw him in Auckland, and he promised to pay me. He afterwards said he would not pay rne, for people said I had not done any work. I have paid several accounts for him, among others being Earnest Norris, £116s, and James Joyce, £4. By his instructions I. tendered for work at Cambridge and Whatawhata in his name. Cross-examined by Mr Hay : I was engaged on January Ist, and worked on that day. On March Ist I was also at work for him at Tauwhare, but there was nothing to do. He told me to knock about, and look after his horses, which I did. In January I was at work in the King Country. I was not loafing about during the time he was in the hospital. It is against my religion. I got his horses shod, but did not pay for having them done. I have received some money on account to pay to Mr Thompson. I do not keep a book of accounts. I have no book with the accouuts in. I put some things down in a pocket boolcbnt they would not be correct. Mr Hay:—You put some things down for fun 1— Plaintiff : Something of that sort. I cannot keep books correct. I gave him a book with him. I did not give him credit with the amount he gave me as I put it against what I had paid Mr Thompson. There was no settlement with defendant, and there are many items I have against him that are not in the summons. —Mr Hay appealed to tho court and said that the fact of having received money on account and not crediting it on the bill of particulars, and the fact of there being a running account between plaintiff and defendant, the items of which were not in the particulars, was sufficient to put him out of court.—ln this the R.M. concurred, and said that Mr Dyer could take pither a. nonsuit or an adjournment.— Mr Dyer said he had not been informed of this payment. He would ask that the case be adjourned until next court day ; but the plaintiff having the only book with the particulars in it how were they to amend them? —The R.M. : The plaintiff has started the action without being prepared. He could leave out what he liked, but he must give credit for all amounts paid.—Mr Hay said he would in any ordinary case have given up the hook, but in this it was a matter of notoriety that the plaintiff had not treated his brother well. —Adjourned until next court day, plaintiff to pay costs, 17s, —The case was subsequently arranged to be withdrawn, defeudant paying £5.

Assault Case. Wkeks v. MoLntosh.—Mr Dyer for inforinant, Mr Whitaker for defendant, who pleaded not guilty. Mr Dyer said Mr Weeks wae a contractor, livin,?at present at the Patetere Hotel, Waotu, and employed a number of hands in the bush at that place. The defendant was not in his employment, but m that of a sub-contractor. On the morning of tho 21st December last, defendant went intotlw hotel and demanded a. cheque, which Mr Weeks refused to give, stating he did not owe him anything. Defendant then assaulted Mr Weeks with a chair, and also caught up a knife from a table, and threatened his life if he did not pay. Mr Weeks paid under protest, and then came to Cambridge and laid an information. He would ask that defendant be bound over to keep the pence under Section lo of the Justices of the Peace Act.

George Weeks deposed : I am a contractor, at present residing at the Patetere Hotel, WaotH. I remember the 21st December last. I left Lichh'eld on that morning at 6.30 a.m.. and when I arrived at the Waotu Hotel I went up into my room to have a wash before breakfast. Mclntosh walked into my bedroom. I told him it was my private room, and ordered him out. I then went down to breakfast. After I had been there a little time defendant came in and closed the door, and stood with his back against it. Hβ said, "now you b— are you going to give me my money? You don't loave this room untill you pay me." He assaulted me with a chair, and caught up a knife that was upon the table and, threatened to kill me. I asked him how much ne wanted, and hrt said six days at 8s per day. I got a sheet of paper and made out a receipt so that I could sketch it off Steward's account. Steward is the sub-contractor. He was working for Hitchman, the manager of the hotel, who was present when I paid him. He had no order from Steward, or I should have cashed it at once. He never spoke to the man until the day before. There are a large number of lawless men in the Waotu bush, and you had to stand cursing and frequently kicking from them. There were no police nearer than Cambridge. He therefore asked for protection. Cross-examined by Mr Whitaker: Stewart is a sub-contractor, under Mr Hopkins, a partner with me in the timber business, only there have not been disturbances in consequence of wages being unpaid. A man named McKay cnuie tip from Auckland, got into our debt for .£'3o at the store, but we had no dispute about wages, there have not been any heartburning that I am aware of. I did not push defendant down, I did not lay my hands

upon him ; he told other men if they would go to him (Weeks) as he had done, they would get thpir money, I had not paid Stewart when this occurred, there is not any dissatisfaction that I know of. There are six men in Auckland waiting for me to send for them if I wan't them ; that does not look as if there was dissatisfaction. Chaa. Hitchman deposed : I am the manager of the \Va<>tu Hotel. Defendant asked trio for a receipt stamp. Hβ said if Weeks did tint p.'iy him his money he would rip his truts out. He had .1 knife in his hand when in the. dining-room, and said he would put a set on Weeks. I went to keep order, and defendant tolc , me to keep hack, as it had nothing to do with me. Weeks paid the money under protest, and then left the room. Mclntosh was following him when I stopped him. Hβ said he should like to have it out with the old b , though he had got the money. Gross-examined by Mr Whitaker: Weeks has been staying at Waotn some months. I do not know if Mclntosh lias left Waotu. The knife was an ordinary table-kin'fe. I keep my knives sharp, Waotu mutton being rattier lean. T do not know if defendant is a bad man ; I never saw him come for a drink. I do not know what the relative weight of Weeks and defendant would be. Mr Whitaker: You saw defendant brandjs.hing a knjfe, and yet you gallantly charged the fort without a thrill of terror at your heart. Don't you think he was trying to bounce Weeks, and that he really meant no harm ? Witness: I don't know. He did not frighten me. The R.M. 1 I am afraid there are many men who charge forta who are very

frightened. I have seen some such myself. This closed the ease fur the inform int Daniel , Mclutosh deposed : He was a bnshman at Wantu. He recollected Tuesday, the 21ft December. On the day previous he went to the store to sottle with VVi'eks and Hoskin*. Weeks had gone to Lii-hfield. Hopkin« told me Weeks would pay my monoy next day. I went to tho Hotel, and Week* asked me into his room. _ I told him I wanted to go away. He Maid, Hold on, your are in a devil of a hurry. I have asked him for a settlement before, and he did not deny his liability. Ho pushed me down inul f fall against'a chair arid hurt my side. 1 wax in bed 8 days. I did not u*o a chair m- knife. I did not wee a knife nor had I one in inv pocket. Hitchm.in was not in tho room he was leaning against the door pout. Cross-examined by Mr Dyer: Steward engaged mo to work. I will swear that 1 did not have a ktiife in my hand. Everything Hitchman said is untrue except, iibout the stamp. Weeks assaulted inn. I am really the injured partv. Steward did not tell me on whose behalf he was employing me. There is trouble every day about his his not paying his men. By the Court:—When week* pushed me down I got up rather angrily, but did not feel like punching nix he&d. Mt Whitaker:—l am given to understand that thin sort of iren are usually more ferocious with their mates thaii with etraiigers, especially about Christmas time. The R.M. said the weight of evidence, wan considerable in favour of the informant, and after administering some advice to defendant he fined him Is, and costs £0 10s, or two months harh labour. Mr James Mackav came forward and certified to having known defendant lft years, and that previously he had borne a good character. Tho R. M. allowed him four days in which to pay.