ALL ABOUT A HORSE.

Bush Advocate, Volume VII, Issue 650, 16 July 1892, Page 2

ALL ABOUT A HORSE.

SOME HARD SWEAEING. At the sitting of the K.M. Court at )anevirke yesterday, before A. Turniull, R.M.. the case of J. Patterson y. I. M. Smith was heard. This was a ase to recover posssssion of a mare laimed by the plaintiff, which defen- . lant had purchased from Mr R. Hart. Ay Bamford appeared for plaintiff, md Mr Blakiston for defendant. The ollowing evidence was taken :— J. Patterson, the plaintiff, said that ie had not the least doubt that the nare mentioned in the summons was lis. The paper produced was the ■eceipt he received when he pur'hased the mare. The mare was running at Weber at the time. He paid £3 for the mare. Never gave anyone permission to take possession of her. To Mr Blakiston : Saw the receipt written out. The foal was brand«d when ha bought it. Had seen the brand, but could not make a mark like it. Had been burned out, but at the time the receipt was in a lawyer's possession. Did a lot of horse deal\ng, but only bought for himself. Bought the mare at night, and got the receipt next day. The works marked out in the receipt were marked out at the time. Had possession of the mare at Weber. He had another horse, but did not say ha got it the same way as the first one. Wright did not tell him to tear the receipt up if he did not pay. To Mr Bamford : Tried to brand it with a piece of fencing wire, and made it a blotched brand. William Hales deposed that he lived at Herbertville. Remembered an agreement being made between Wright and Patterson about the foal. Wright sold it to Patterson for £3. Did not see the receipt signed. Advanced Patterson the money to pay for the foal. Made entries of the payment in his day book. Book produced. I To Mr Blakiston : Paid the money to Wright. Wright had iust finished working for witness at the tiraa He started bushfalling for witness shortly after. Did not remember saying to Wright that if Patterson did not pay him he had better keep the foal. Had never seen Wright on the spree. At the time of the sale Patterson did not owe witness any money. This was the case for the plaintiff. Mr Blakiston said the defence was that the mare was never paid for. Defendant said that he was out at Weber and bought a mare from Robert Hart. Patterson never made my demand for the mare. He stopped witness and asked him his name and he told him. Plaintiff did not say he was going to summon him for the mare which he was riding at the time. Gave .£1 and a horse that he valued at £\0 for the mare in dispute. The mare was branded with one stroke ; it was no approach te an To Mr Bamford : It was possible the straight stroke was the downstroke of the letter L. When Patterson accosted him he did not say what he was going to summon him for. The mare is a dark, brown mare. As far as he could tell she was between 3 and 4 years old. T. Wright, sworn, stated that he had owned the foal in dispute. He never sold the foal at all. He was going to sell it to Patterson, but never got paid for it. Offered it for £S. It was only a few months old then. He left it in Weber. He never signed a receipt for the foal. Received no money from Hales on account of it. Hales owed him a lot of money at the time. Swore he never received any money on account of the foal. The foal was not branded at the time. Put a straight stroke on it a long time afterwards. Branded it on the off shoulder. Someone tried to brand it afterwards. That was two or three years afterwards. When coming a # ay told Patterson to tear up th« paper on which the receipt was written. Saw Patterson in Weber. He had the foal roped, and witness told him to let her go. Told him he could do all the quieting she wanted. To Mr Bamford : Had possession of the foal until he sold her to Hart. She was running about with the other horses. When the foal was left at Weber, he rode the mother to Herbertville. Had branded her with a stroke. At the time he heard that Patterson had a cheque, and_ Hales was wrong when he said he paid witness money on account of the foal. Until he sold it to Hart there was no dealing with the mare. He did not put his cross to the receipt, and if Maitland said lie did he was not telling the truth. At the time, himself and another man had about 60 acres of bush down for Hales. To Mr Blakiston : Asked Halas to pay him for the horse, but Hales said he would not. Robert Hart deposed to having purchased the filly from Wright. She was branded 1 on one side and 1 on the other. i H. J. Maitland remembered the 1 transaction between Wright and Patterson. The document produced was not his writing, and did not bear his signature. No money passed betwean the two. The form was drawn up on a sheet of writing paper. ( Witness then wrote a copy of tho document he prepared at the time, with his signature.' Wright did not put his mark to the paper in the presence of witness. To Mr JSamford : As near as he could recollect what ho wrote was the same as he had just written. Never saw the stamp, and saw no money paid. Would swear that the receipt produced was not his writing. Mr Blakiston thought genuine proof had been given that the receipt was not in Maitland's writing, and that no money passed before him. Ho therefore asked that judgment be entered for defendant. Mr Bamford was satisfied that in this case there had been a considerable amount of perjury. He nddressed the Bench at svnie length. The Magistrate was sure perjury had been committed on both sides, and said he was bound to nonsuit the plaintiff, with costs for defendant.