District of Napier, Be it remembered that John Davis Canning of Patangata in the District of Napier, Sheepfarmer, cometh on the twenty-fifth day of September 1856, before me Alfred Domett Esq. Resident Magistrate and one of the Justices of the Peace for the Colony of New Zealand, sitting at Napier, and giveth me to understand that Wakatomo an aboriginal native of New Zealand living at Wakatu did on or about the month of March 1856 at Waipukurau in the district aforesaid take away a horse to wit, one gelding the property of him the said John Davis Canning and the said John Davis Canning therefore prays that the said Wakatomo may be summonsed to this Court to shew cause why the said horse should not be given up to him the said John Davis Canning. (Signed) John Davis Canning Stated before me this 25th. day of September 1856 (Signed) Alfred Domett. R.M. Minutes in connection with matter of horse-case.Canning v. Whakatomo. admitted to be a horse of superior form. I continued to see the horse at no distant periods till the time he was castrated, which was in the summer of 1854. I then attended, at Mr. Pelichet's express desire, and assisted during the performance of the operation. The horse was then running at Wautukai. I have no doubt in my mind that the horse produced by the natives yesterday was the one then castrated. He continued running at Wautukai, and from thence to Patangata, from that time, till the date of my purchase from Mr. Gollan in January 1856. I removed him from Patangata on hearing that the natives were about to claim him, and placed him in Mr. Abbott's paddock; from which place he was taken, with my instructions, by Hori Mania, for the purpose of being broken in. He was taken from Hori Mania by the defendant Whakatomo shortly afterwards. From that time till yesterday I have not seen the horse. I should call the horse a roan gelding." (Signed) John Davis Canning. Sworn before me this) 21st. October 1856) (Signed) Alfred Domett, R.M. Resident Magistrate's Court, Napier 21st. October 1856. George B. Worgan, being sworn, states:- "I am a sheepfarmer, and reside at the Ruataniwha. The horse claimed by Mr. Canning is the foal of an Arab breed mare formerly the property of C.L. de Pelichet. I saw the foal three or four days after its birth. I saw the foal constantly from that time until the period of his castration; at which operation I assisted at Mr. Pelichet's express desire. The horse in question was foaled in November 1853, and was castrated some 12 or 15 months after that period. The last occasion on which I saw the horse, previous to seeing it in the possession of the defendant, Whakatomo, yesterday, was in Mr. Abbott's paddock at Waipawa, where it had been placed by Mr. Canning after his purchase from Mr. Gollan. I then identified it as the horse formerly in the possession of Mr. Pelichet. I should describe him as a roan gelding with a somewhat remarkable star in the forehead. I am certain that the horse ridden by Whakatomo yesterday is the foal of Mr. Pelichet's mare." (Signed) George Buckland Worgan. Sworn before me this 21st. October 1856) (Signed) Alfred Domett R.M. Resident Magistrate's Court Napier 21st. October 1856. Hori Mania, having been sworn through the sworn interpretation of Edward Francis Harris, - "I live at the Waipukurau. I saw the horse brought by Whakatomo yesterday. That was the horse taken from me by him in the Waipukurau. The horse was the same one that I took by Mr. Canning's instructions from Mr. Abbott's paddock at Waipawa. (Signed) Hori Mania A true interpretation (Signed) Edward F. Harris Native Intrepreter Sworn before me this 21st. October 1856) (Signed) Alfred Domett R.M. Edward Collins, being sworn, states:- "I am a sheepfarmer, and live at Taumumu (?) I saw the horse brought here by Whakatomo yesterday. I identify that horse as the same one I saw in Mr. Abbott's paddock at Waipawa in March last. I identified that horse as the one the late property of Mr. Pelichet. I know it to be the same horse by the marks, shape and star in the forehead. I was in the habit of seeing the horse in the possession of Mr. Pelichet. He was then running from the Wautukai to the Taumumu nearly 12 months; and I am positive as to his identity. I examined his mouth yesterday. I have had great experience in horses, all my lifetime. I pronounce his age to be within a month of 3 years old. I saw yesterday the mare which the Maoris state to be the mother of the horse in dispute. I have examined her mouth and .... her to be about 4 years old. I have never known a filly take the horse under 12 month old. I do not consider it possible that the mare I examined could be the dam of the horse in dispute. Mr. Pelichet's mare has had 4 foals to my knowledge. I do not know whether she has had a fifth, as I have not seen the mare this year. The second foal she had is the horse in dispute. The first foal is now running on my Run. "I saw the mare which the natives allege to be the mother of the horse in dispute two years since running at Wautukai. She had then no foal running at her side. At the time I saw her she had had a foal cut away from her but a few weeks before. She was much disfigured." (Signed) Edward Collins. Sworn before me this 21st. day of October 1856. (Signed) Alfred Domett, R.M. The horse ordered to be given to Plaintiff. No costs charged. (Signed) Alfred Domett, R.M. A true copy. Edward F. Harris Clerk and Interpreter. Minutes, Letters, Memo in connection with matter of horse-case.Canning v. Whakatomo. Resident Magistrate's Court Napier 15th. October 1856. To shew cause why a certain horse should not be given up. John Davis Canning being sworn, states:- I am a settler and live at Patangata. I purchased from Mr. Gollan then acting Executor for Mrs. Pelichet on or about January 1856, a two year old off roan gelding for the sum of Forty pounds. I produce the receipt for the money (receipt produced by witness) that horse was taken from Hori Mania, in whose charge I had placed it in February or March last by the defendant Whakatomo. I have never seen the horse since it has been in his possession. I made application to Mr. Cooper in the Resident Magistrate's absence, who stated if I had applied to Te Hapuku, I should get the horse back. I made application to the defendant to return the horse to me, but he refused, stating, "That it was his property, being the foal of a mare running at Patangata in charge of McKenzie, who was breaking it in." (Signed) John Davis Canning (Signed) Alfred Domett. R.M. Sworn before me this 15th. October 1856 Resident Magistrate's Court Napier 15th. October 1856. Wakatomo having been cautioned to speak the truth through the sworn interpretation of Edward Francis states:- On the 11th. of September 1854 I took my mares to be covered by the Arab stallion who was in the charge of Mr. Pelichet. One of the three mares is the dam of the horse now in question before the Court, and was by her side at the time I took her to Mr. Pelichet's, the dam and foal remained there up to the time of Mr. Pelichet's decease. When that event occurred I and other natives went to Pourerere to the "Tangihanga" of Morewa's daughter. On our return we wished to catch the dam and colt, but could not find them at Wautukai. Mr. Canning heard that we were catching the horse, went and caught it, and took it to Otamatiti. Some while afterwards I went up to get the horses and found but the dam at Patangata. I asked where the colt had gone, and I was informed by the natives that Mr. Canning had taken it. I returned, and Hapuku asked me where the horse was. I replied that Mr. Canning had taken it. He told me to go and get our horse. I did so, and on arriving at the Waipukurau I heard that Hori Mania had the animal. I took it from him, and brought it to Pukawa. Some days after a letter was received by Mr. Williams from Mr. Canning, requesting that the horse might be left with him. I did not consent to this." , - "The name of the dam of the horse now in dispute is Nohangatahi. She is the same animal now in the possession of McKenzie of Patangata. She has had three foals. The animal in dispute is the first; the second one is dead, and the third is alive, and is now running by the side of the dam. I do not know how old the foal is, but it was dropped after the payment by Mr. Cooper for the Aorangi and the Ruataniwha Blocks." (Signed) Na Te Whakatomo. A true interpretation. (Signed) Edward and Harris, Clerk and Interpreter. Stated before me this 15th. October 1856) (Signed) Alfred Domett R.M. Resident Magistrate's Court Napier 15th. October 1856. Donald McKenzie being sworn, states:- "I am a settler, and reside at Patangata. I have a mare in my possession belonging to Te Hapuku. Her name is Nohangatohi. From conversations I have had with Hapuku and Whakatomo I know her to be commonly considered the mother of the horse claimed by Plaintiff. I have examined her mouth, and I believe her to be 4 years off; from the state of her mouth certainly not more than three months over 4 years. It is impossible for that mare to be the dam of a horse three years old." (Signed) Don. T. McKenzie. Donald McKenzie, being recalled, states that the mare, Mr. Lucina looked at yesterday is the same that he mentions is 4 years old. (Signed) D.T. McKenzie. Sworn before me this 15th. October 1856.) (Signed) Alfred Domett, R.M. William Lucina, being sworn, states:- "I am a settler, amd reside at Ahuriri. Yesterday morning I examined a mare's mouth, in the possession of Mr. McKenzie of Patangata, and believe her to be 4 years old off, certainly not more than three months over, according to Youatt. I do not consider it possible that she could be the mother of a horse now three years old. (Signed) W.L. Lucina. Sworn before me this 15th. October 1858 (Signed) Alfred Domett, R.M. Adjourned after hearing, till the 18th. inst. (Signed) Alfred Domett, R.M. Adjourned till the 21st. instant. (Signed) Alfred Domett, R.M. Resident Magistrate's Court Napier 21st. October 1856. John Davis Canning, being recalled, states:- "The horse claimed by me from the defendant was the property of my friend the late C.L. de Pelichet, He was foaled at Ohue near Waipukurau on or about November 1853. I saw the foal within a few days after it was dropped; was constantly at Mr. Pelichet's, both at the time he lived at Ohue and subsequently at the Wautukai. My attention was repeatedly called to the horse in question, as he was considered remarkable for his appearance, and universally