RESIDENT MAGISTRATE'S COURT TOKOMAIRIRO.

Bruce Herald, Volume VI, Issue 361, 29 March 1871, Page 5

RESIDENT MAGISTRATE'S COURT TOKOMAIRIRO.

(Before Mr j. P. Maitland, R.M..) Tuesday, 28th March, 1873 . — Morandi was charged, at the instance of Mr Daniels, Bush Ranger, with cutting timber in the A.katore bu3h without a license. The Ranger stated that he experienced the greatest difficulty in getting parties to take out their licenses, and that he had brought the present action as a warning to others. His Worship cautioned the defendant as to the illegal course he was pursuing, and gave him one week to procure a license, ; -failing his doing so, he would be fined. Same v. James Millar— This was a similar case, which was dealt with in the same manner. Two cases, in which the Bank of New Zealand was plaintiff, were, on the motion of Mr Taylor on behalf of the bank, adjourned till, 'to-morrow. ' Paton v. Ountiiiighame-^Claim of L 5, value of a silver medal. Mr Dyer appeared for plaintiff, and Mr Taylor, solicitor, for defendant. Mr Taylor, on behalf of defendant, pleaded not indebted, and also that the r&edal is not •the property of the plaintiff. : Mr Dyer, at some length, stated the case; •for the plaintiff. It appeared that the action was one against the Committee of the Tokomairiro Farmers' Glub, and which, by arrangement, had been raised in the name of the defendant, as president of the Club. The action arose out of a decision at the ag£ic;ul'-'

tUral show, held on 14th December lost: The plaintiff had then exhibited a cow in class 14, " cow of any age or breed, eicltiding shorthorns and Ayrshires," and was awarded the first prize by the judges, and which prize was a silver medal, valued at L 5. He afterwards received a letter from the Secretary to the Club, intimating that the prize had been given to Mr J. L Gilließ. The plaintiff had complied with all the conditions of the Sho*W. He had gained other prizes, which had not been disputed, and the simple question Was whether he was entitled to the medal in class 14, and whether the Club were bo and. to cleaver it up, or its value. He called David Paton, settler, south Tokomaifiro, who, being sworn, said— He was a member o? the Tokomairiro Farmers' Club. On the 13£h of December he entered, with the Secretary, a cow for competition in class 14, and received the ticket produced. He exhibited the c:>w on the day of the Snow, and she Was awarded the first prize. He the premium card, which he got inside the ring from Mr Macfarlane, who was one of the members ot Committee attending upon the judges. He afterwards received from Mr Church a letter intimating that the prize had been awarded to Mr Gillies. He was present when both cows were judged, and that belonging to Mr Gillies was awarded the second prize. He did not exhibit his cow in any of the other classes except an extra class* Cross-examined by Mr Taylor-— He did not enter the cow in any of the classes 1 to 13. She was one of the sort which was not excluded from competition in class 14. Mr Taylor describe the cow. Witness— She was a red and white cow. Mr Taylor— But I want you to give her points ; what kind of a head had she ? Witness — She had a head like other cows. (Laughter. ) Mr Taylor — Yes, but describe it. Witness — Well, the eyes were below the horns, and the nose down bolow them. (Laughter:) Mr Taylor— l don't want fun. Had she a lons head ? Witness — No ; he had seen longer and lie had seen shorter. (Laughter ) Mr Taylor — What kind of a muzzle had she ? Witness— l don't know what a muzzle is. Mr Taylor — Come sir. You are on your oath. Don't you kuow what the muzzle of a cow is ? Witness— No. (Laughter.) Mr Taylor— l want you to tell me what kind of a muzzle your cow has. Witness — I didn't _ know she had one. (Langhter.) Mr Taylor — What like an eye had she ? Witness— A pretty full eve. Mr Taylor— Was ib dull, or smart and lively! Witness- Not particularly. Mr Taylor — What like were her horns 1 Witness — She hadn't horns. She only had one. (Laughter.) Mr Taylor — What like was it ? Witness — A crooked one. (Langhter.) Mr Taylor — Was it a small one ? Witness — No, it wasn't a very little one, but it was a little turned down. (Laughter. ) Mr Taylor — Were the roots close 1 Witness — Noways particularly so. (Laughter). Mr Taylor — What like was her neck? Witness — She, had a strong neck, not particularly short ? Mr Taylor — Was it strong and short or lonsr and slender ? Witness — Not particularly. (Laughter.) • Mr Taylor — What like shoulders had she ? Witness — Fair. Mr Taylor — Were they thick or thin 1 Witness— About as thick as thin. (Laughter.) Mr Taylor— What like were her hind quarters ? Witness— Much the same as those of any other cow. (Laughter). (tfote. — The witness was examined as to the back, tail, (which he said was red and white, with a bit off) joints, udder, teats, skin, hair, general figure, &c. of this wonderful animal, but nothing Was elicited to indicate as to whether it really was an Ayrshire cow or a "Rhinoceros. (Our reporter was inclined to think it belonged to the latter spscies— but he is no judge.) Cross-examination continued — He exhibited the same cow at the 18G8 Show in the Ayrshire class. The Judges then threw her out upon the ground that she did not belong to that class. He exhibited her because he considered her ashear to the Ayrshire breed as any he had got, but he never considered her an Ayrshire. He exhibited her simply to try and get a prize. He was not a first-class judge of Ayrshires Mr Thomson of Inver-. tiel "wished to buy the cow ; he pretended to be a judge and was purchasing her for a short-horn. He was not aware that the judges refused to judge the cow, and did not know that a protest had been lodged asjainst her till he got the letter previously referred to from the Secretary. He purchased the cow in Sonthland for a good dairy cow. He did not buy her for an Ayrshire cow. Re-examined — She is an aged cow, say ten years old. 1 asked for but got no pedigree with her when he purchased her. She is not' similar in points to Mr C ipstick's cow which took the prize in the Ayrshire class in 1 868. . John M'Farlane, residing in Milton, was on the Show Ground on 14th December last. Was one of the committee attending up>n the judges. Gave Mr Paton the ticket for the first 1 prize in class 14, and helped him to fasten it on the animal's head. She was an' Ayrshire cow. She was judged under protest which he saw written out before the priza was awarded. Mr Paton exhibited another cow- in the Ayrshire class. There was a good deal of difference between the two animals. Cross-examined by Mr Taylors-Mr Gillies had a second pri^e awarded him. This was; done although' there were no second prize mentioned in the prize list, and in order that : he might protest. In reply to the Bench, the witness said iq. rested with the judges to class the cattle. The Committee decided upon protests, not the Judges. In the present case the Judges protested against the cow being admitted t into class 14. . • This concluded the case for the plaintiff. ; Mr Taylor having opened the case for the defendant, called j. Church, Secretary to the Tokomafc-iro , Farmers' Club. He produced the protest by Mr Gillies against Paton's cow. . The; protest was lodged in order to avoid a quarrel. The judges said it would be better for. 1 them to judge the cattle, and the Committee Could decide upon the protest afterwards. • The protest was lodged before the cattle' were judged He called a meeting of Committee to decide upon the protest. There Were fotir for sustaining ft, and one against. It was sustained, Tt is the usual custom for; Committees to decide upon protests, tmle&3 : otherwise provided for. \ Cross examined by Mr Dyer — The, Judges judged the cattle, and awarded- the first prize to plaintiff. I don't think the Committee has power to upset iSie Judges

decision ; -neither did they do so. The {fudges were appointed by the Committee. *J. L. Gillies— Was one of the attending members at the Show. He Relieved that nine-tenths of men who know the breeds of cattle would -say plaintiffs cow exhibited in class 14 was an Ayrshire cow. He considered her a very well bred Ayrshire cow. He held that the Judges have nothing to do with what is inthe ring, only the Committee. The ticket for the first prize Tvas given, subject to the Committee's decision upon the protest. At the meeting of Committee, Mac'farlane, Hislop, and liimself gave evidence as to 'the breed 6t the cow, and they all agreed she was Ayrshire. When "the second prize ticket was handed him he was informed that he would be entitled to the first : pri2e if the ;protfest -were sustained. This concluded the case for the defendant. Meßsrs Dyer and Taylor addressed the Bench at length. His Worship reserved judgment till Thursday (to-morrow).