STIPENDIARY MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume XXIV, Issue 2060, 9 June 1896, Page 2

STIPENDIARY MAGISTRATE'S COURT.

LITTI.R RIVEB, WI&I>NB£DAY, JoMtC 3.

The following- i* the evmeoeo tn 'the c«»e of James Phillips v. A. Sunckel'., crowded oiit '»*t : — ,JnQlfi;' P'tillioH. ptaii t'ff., depr»<>«d : In August.; 189-1, I t<«»»«'d five cows 'o defendant, nnd liw p id rpr-t during the term, A' _''Pi pnd li« delivered three me. Dpferrlon' paid he did not know where the t'th'T 't vo wpre. One he had peon with it.' lif>>(l flown in a gully-; did not pee tbe other. Knew nothing of whs't had he.nme of them. The. cows were worth £7 a bead — more ibon I bat when plaintiff let tbpin. Il«d spnt correspondence on Nov. 19th. 1895. Then wrote faying I hid lost one of the cows delivered and wnnted-the money for the two tint died in def-n----dii t'p Received no nnswer to this hfir. In February, 1896, wr<t>> spying if no reply woro rpeeived from d"fend>m, would pice mnt-er in lawyer's hands Then received a rpp'y rtiting be hnrl pot the cow? in a,cood paddock for the winter; was f-o r ry for tlie loss, and had lost eleven • hand himself. By Mr Potti—Gh>_ the three oows in A')_u>t. «f_3r going over twice previously. Defendant eaid he could not find tbe other two cows. - Did not know tbey were iir*=-*ziV»pr ft' Rhodes'. Defendant said he bad to fetch them over from tho LightIvohs-". Did not say he was lucky to get ibe .tussock >U Flea Bay for the gazing. Chapman nevtr gave me a meesage from Jim Pell payingthe _ows were dead. He loid me they were grazing over at Fiea B>y. and I wa. lucky to get them over 'here, as cattle came out ft from that iv.l At the races BRked SunekeH if be were entitled to p«v tne., and be replied in (ho negative. "When"lie said he wasn't going to p'tyl walked away. Never spoke to Snnek'dl it the November sa'e at H.id of the Bay..- Tbe agreement prodnced was the one signed by Sunckell and himself. Summoned Sum keil because the cows were nwt returned ti him. When tbe three cows were delivrred to him, one was _r zing on the Akaroa road, and too weak f» t">ke home. Defendant could not Ip'l where the -carcases of the lost cows *?ere. Slid he cnrild not find the two lost, and did not offer to do fo. J imes Ichodep, sworn. Raid—l am a farmer, living- nt Flea Bay. I have 2500 acres there for gr zing.. Mr A. Sunckell (ihkor) me about grazing cattle (here, and he placed eomp c.t'le with' me. nnd two flier!. Mr Snnekell. looked for them : one had tareb'e.l ovp.r a bank into a creek with her bend right under her., It was in the middle of ft 900-acre paddock. Another was foimrlnt a bog half a mile off the regular t #;. or three chains off the track we » o e for sheep. Mr Sunckell and Iseuohed far tliete cows four or times. We had great diffiVn'ty i n finding the lost cow. He pared 22 bead on my p'aeo ahncyr-.her. Some of MrSur; kill's died as well. The cows were hrou.lt over in 'fair condition *•"> wirfr. We, sh : ''- d ibe c»ttle nf!er a tin.". There w re 45 held on 160 flcres There bad not n-t'le there for ve aV ". Three wepks wo changed to a 250 «i-re paddock of good feed. We afterward, shifted them.-.t't- a inn of 403 "C-reV. Tbey were in good feed nil the limn and hnd plefty of shelter. Last wi- t=?r was very sr-v r".. These two cows died in Angn.t, just before Mr Sunckell camp. I sent message nt end of J.i'y saying the cn-t'le were all right. C.tile died whit.t in good condition last winter. There wns exceptional cold. The cat le were as well off on August Lt as on any pl-toe on the Peninsula. A. Snnekell. defendant, deposed he had Reeo Mr Phillips re lettingcows S&w catt'e and agreed to take come. Phillips pr pired nn agreement, but when be saw it lm refused to sign because it provided tint be ehoul-1 pay £7 for any cow that died whiht in hip charge. Another egreemett was then prepared, which was duly domed by both, providing all possible die should be t«ken, and no'ice sent if cattle were ill. At the end of the milking, feed being shoit and the wint.r severe, he went to Flea Bay, and seeing there was splendid feed and good shelter, resolved to send his cafe and those rented to the place. He fully expected they woold do welL Two of Phillips* cows died : one broke her neck and the other was found by a swamp some time aftsr death. Went over several times to see how the ccttle were ■T'tting on. Saw Mr Phillips on the Ist August, and said I would deliver cows on 15th August. Wet weather interfered with gei.tmg cows, and when 1 went over, found two bad died. Delivered others ta Phillip'. One was not well. I carried out the ngreeraert I-had signed lo the best of my ability. In conversion jvitb Phillips nt the races, I said I bad done my heft for the.cows, and could not hold myself responsible. ' "'"Bylir Byrne—Had fu'.fi'led conditions. Did not deliver cows at time of agreement because tbe weather was so excess sively bad. H»d light to take the cows to Flea Bay; because.: there was good feed there. Had they slopped at home p<*ddnck, tha cows would have bad worse feed am. might have died. People leasing cows are generally considered to have fe'io right to place them where they like. F,H»rt deposed that be had knowledge of pat'le, and let and leaped them, and hia experience was that a man renting cows con'd' change them from one property to another. It the cows io question were in fair order wlk'O tbey went over, with the good f<-ed at the place.- and in dare of Rhodes, everything bad been done possible, and Sunckell had in bis opinion done bis duty t > the catt'e. These cattle would do bettpr in tussock , than hanging iabont a yard waiting for hay. It wae tbe custom of the people of the Penineula to rely on the natural pastures, and he knew of no hay feeding. His oows were at Rhodes' at the same time and enrae off in good

condition. EdwnH Chapman, sworn, paid that Home time in May he spoke to Phillips at tha ujii-1 about his cattle brine at Fiei Biy, and he see'inert pleaped they were on euch KooH feed. Hit also informed Phi Hips.-at she MijrgeMion of Sunckell, aa to Ihe d.atb of 'he two cow«. An before i.tibbbed, jiidgmot t was lor pl.intiff on the groond that Snrnkell promii'td io give notice i£ the cow. were ill and had not done so.