TOKOMAIRIRO POLICE COURT.

Bruce Herald, Volume III, Issue 139, 13 December 1866, Page 2

TOKOMAIRIRO POLICE COURT.

Tuesday, 1 i tli December. (Before John Dewe, Esq. , R.J1.),. David M'lntyre v. James Campbell and Janet Pozzie, his neice — Claim £20 for damages and loss sustained, in that Janet Pozzie had, on the 22nd September last taken a horse and used it without his (plaintiff's) consent and knowledge and which, was never returned. E. T. Gillon appeared for the Plaintiff and stated the case. He called David M'lntyro, who deposed, that on the 22nd September last, lie had had a horse running near Campbell's. Had frequently permitted Campbell an 1 Janet Pozzy to use it.^ He saw it thafc day in front of Campbell's at 9 o'clock. He had never seen it alive since but from information received, ho had gone and looked for ie ami found it dead in ;i crook near Measly Beach and the boundary Creek. Pozziu, he believed to be Campbell's noiee, and had Jived with him for some time. He did not think her of age. Cross-examined— The horso Avas old but was a good one, and lie believed him to be worth £20 to him. The horse had, or would cost £10. Walter Haynes deposed that he had seen M'lntyre-B horse on the 2nd October, dead in a oveek- near Measly Beach. It was jammed into a narrow creek. It apparently ha ; l got in at tlia crossing io yards higher up. * The crossing wa s a bad one. The horse was beginning to docav. It was quite possible the horse could .r.jt in th^ro by itself. " Mi- Smaill— Was a settler on the Sea Coast, and recollected seeing Jjuiefc Pozzic\on the 22nd September, riding M-Jntyro's horse up the rid^e, about 10 o'clock in fronfcof Campboil's • he afterwards saw her returning without the Kobe, carrying something which lie believe 1 wa=T a saddle and coming from t!le quarter whore tliohowo Avai said to be found. Mr-VVm. Mitchell and Mr Ed. Boyd, Settlors on the Sea, Coast gave corroborativo evidence. Tin's was the evidence for the plaintiff. James Campbell, the defendant, said that MTntyre had given all his family leave to tal<w tha horse when they wanted it, Janet Pozzie was adopted by him : she was under age cud hal no property of her own* Janet Pozzie said : On the day stated she had taken the horsj on the run, "but not near the locality where it was said to be found. When on the Cabbage ridge, she got off- to- arrange the saddle which was hurting the horse's back. She. took it off, put it on the ground, and tied the horse to a iiax bush while she went down a gully to look after a black cow ; when she came °back the havse was gone. The bridle had no choke band, and was too loose for it ; the horsa was in the h:ibit of doing this. brought the saddle back and told Campbell about it. Saw M'lntyre that night but did not say anything about it for fear he would be angry. " Sh's thought the horse would bo found as usual ; had not since seen the horse. His Worship raserrsd his decision for a week.