J, Hanvie (Laxe, Crawror & Ca.) B.
Claim, $61.29, account rendered, and goods sold and delivered.
Defendant admitted the debt. He said he appeared in Court to-day because he had stated to his Honour on oath that he was Read received a memo, from Messrs. Lane, joing home in a week or two if he could, and Crawford stating that, hearing he was going home by the French mail, unless he was prepared to pay them the amount of their claim, they should take measures to stop him. debt was incurred about two years ago, His Hoxour.—They ask simply that jud, ment should be given in their favour for the amount. (To Plaintiff) You ask for nothing dae at present Plaintiff.—That i all.
His Hoxour gave judgment for the amount with costs.
Defendant.—How am I to pay it?
His Hoxovr.—That is a question for you and your creditors to settle.
An-Lone v. Gronoz Sate and AnrHuR Gnat MUL, (stewards), Cadmus, Claim $19, damage to vehicle.
His Hoxour asked which of the two hired the vehicle.
Swace said he hired it, and Gummell drove.
Hoxovn.—Then you are the proper pern to be sued; there is no case against Gum-mell.
Defendant gave a short account of the cast before the Court, which is embodied in his evidence below. "It appeared that on the 29th hho hired a pony from the plaintiff, and went with a companion (the other party mentioned in the summons) along the Bubbling Well Road to Mr. Reed's; from thence they went to the Gas Works. After partaking of some refreshments there with a friend, being in a hurry to get on board his' ship, defendant got into the vehicle with the intention of waiting a minute or two for his companion, who remained behind, Directly, however, he had taken his seat, the pony bolted with him, He lost all control over it, and in consequence the vehicle was damaged, the shafts and lamps being broken, and the splashboard damaged.
His Hoxovr asked whether defendant considered $19 a fair charge for the damages.
Defendant considered it extortionate; $10 would clear all expenses.
'SAr-asa, mafoo, said.—Defendant hired the vehicle at three o'clock in the afternoon. It was a dog-cart, and his companion drove to the Bubbling Well Cottage; from thence to Sicaway, and then to the Gas Works. It was about 9 o'clock—dark—when they were there. After they had been there some time, they both came out and got into the vehicle.
They drove on, and in rounding a corner drove against s Municipal Jandmark breaking one lamp and extinguishing the other. Defendant's companion jumped off and I tooy and while I was re-lighting the lamp, defeat: dant gave the pony several lashes with his whip, which caused into bolt. 1t dragged the trap against another stone, breaking one of the shafts. The lamps were lighted before starting from Sicawei. Both men were in the Gas Works about half-an-hour; I remained with thi carriage: 1am sure they got into the trap together—both defendant and that man (his companion.) Itis not true that only the defendant entered. Defendant began to drive; the other man had driven up to that time, ' They were intoxicated; the other man had the reins and defendant tried repeatedly to get them from him. The splashboard was damaged by the accident. The trap was first struck on the left side, then on the right, Cross-examined by defendant,—Your friend was with you when the first accident occurred.
Defendant declared the witness's statement entirely false. Being sworn, he said—Lt was about 3 o'clock when we started. We went to the Bubbling Well Cottage. We stayed there half-an-hour. I had some hot claret and water; my friend had soda-water think. We went quite round Sicaway. We didn't stop at the Hermitage. We stopped at Mr, Reed's, where we remained nearly an hour. had some water there; nothing else. We then drove to the Gas Works, stopping nowhere. When we reached there it was dark—perbaps 6.45 p.m. The lamps were lighted when we started from Mr. Reed's, At the Gas Works, at the house of a friend, iny companion and I had a small bottle of beer between us. T told him I wanted to be aboard by eight, and that I wanted to be going, He said, wait a minute, and he would follow me.
went to where the trap was—outside the te—in charge of the mafoo. I got up into it, intending to wait for my companion, but the moment I had got in the pony bolted. I did my utmost to stop it. No one came with gled, and this caused the damages to the vehitue to the door. he pony kicked and strugcle.' It nearly struggled its way out of the harness, After the accident occurred I was surrounded by a number of Chinese, who made me go to the Station, I had stuck to the pony. I wanted to go back to tell my friend what had occurred. but the Chinese would not let me. I didn't seo him till the next morning, when T was about to go off to of what had occurred. tay ship. 1 didn't go aboard in consequence His Hoxour.—You weren't stopped at the Station Witness.—Oh, no.
P. ©. Boysox, who was in Court, informed his Honour that defendant had told Inspector Fowler he would pay the damages, but he would not have the money before the end of the month, Inspector Fowler was at the Mixed Court this morning.
Witness, replying to his Honour, said he could drive but as his friend preferred to drive he let him. It was a very spirited pony, and his friend had remarked this to the person from whom he hired it.
His Hoxouk.—Had the pony been fed from the time you hired him till the accident Witness.—No, His Hoxour.—That was enough to take the spirit out of him 1 am afraid.
Defendant.—But Shanghai. ponies are gone-rally amore spirited when they are on their way home than when they are setting out.
The Mawfoo, re-called, said.—It is a very good pony, and not given to bolt, Ido not remember any instance of its having ran away.
Defendant—It bolted two or throe times on our way out.
Wituess—It was not fed at all. I wanted to feed it when they stopped at the Gas Works, but they said no, they weren't going to stop Jong. They were tipsy. Lam sure of thi His Hoxour repeated the question on this point, cautioning the witness that he intended. to call further evidence upon it; and defendant denied being drunk.
Witness affirmed in his statement.
P. C. Boyson said Insp. Fowler had informed him that defendant was the worse for Tiquot when he was brought to the Station.
"ARTHUR GuMMELL, (who had been absent hat they left the Maloo at three. Defendant during a part of the hearing) sworn, stated
Text read from the printed page and cleaned; old type leaves the occasional error.