TRANSACTION IN CATTLE.

Dominion, Volume 1, Issue 254, 20 July 1908, Page 8

TRANSACTION IN CATTLE.

\ . t. '. . ... ' AN AUCKLAND CASE ■■ .1. (BY TELEGRAPH.—BPECIIAI; CORRESPONDENT). ! Auckland, July 18. : There were some curious aspects in a case ; fteard in tho Magistrate's Court., The action :. - was "brought. by rrthe . Auckland Farmers' Urnon to recover,.the sum: of. £59 .-10s. Bd. for stock sold by them from Walter Abso- ' . lam,-of Otahuhu, whose name was entered in. the'books as tho buyer of. the cattle -in -J; question. : At the -last shearing.- plaintiffs : called as one of their witnesses Charles New- ■; , man; at ono tune an auctioneer .'in the employ .of the Union. - From : the evidence, V ; :' . 'heweyer/;.it *became : evident-.that '.Newman's, ~V: part, in the transaction had beon ari impor- ; ; tant one, and-the Magistrate .-.decided to ;; bracket' him : with'; Absolum ijs i'orie of the ; defendants. : Absolum's defence. was that • - . he had no knowledge of the stock, and when V--'.-:'- ho-was. put into the box at.'the resumed hearing, he stated that ho did not give. New-. ' man :any; authority to - use 'his name in - any, auch sale. • , 1 -. ■ > -Mr. Park, for plaintiffs, said; that lie pro./posed: to show that thero had been a long -„ series, of transactions in which -the name ;of Absolum had been used to cover ■ transac- ' tjons 'by Newman. " • Newman was called, . and said he was the Union's auctioneer ■at a sale when a ; man named Mackenzie, whom. he. had previ- , ously been introduced "to, approached him! v.,; : Mackenzie bought some cattle; those in' ques- - tion, and told hirii that he'had bought them to offer ;to Absolum, who'was buying for ; -': the [.freezing-: /company:, in Anckiarid.. - ". If Absolum, tates the stock," said - Mackenzie,- ;: : "he will,.pay'.the :',Union-.;for them,.'but :if ho does , not want them 1-will pay.'f :. Tho : cattle, were-booked .to .Absolum, .continued witness, J but on' the ■ invoice sentto, the. -A; . ".IJnion's head office. he penned Mackenzie's . ; 'name,, and - address'and'the .conditions' bf! the sale.; ; 7-or.j - ■ ■; ;;' 'Mn Kettle : asked"'n , by. he had not s'poken ' of this Mackenzie before, and Newman ra- . Vplied -thatih'e.'would.h'aye done so at the last, ;.' : hearing, ■' .'not allowed,; being, stopped . r at a, certain point, and told that he"would ; : ;• bccome a - witness for tho defence 'arid not : . . for vthe- plaintiff; if -he 'iriade: any; further statements; . '' • -.- Mr. Kettle: Mackenzie is a common name; '-'What do you know , of ( this Mr. Jlackenzie ? , .Newman replied .that: ho-had not' seen him since tho sale. He was a'man of. about 30,.but he could not remember; ; whether ho had a.beard or not. ■ .'f: 1 ...-'- •Absolum, recalled, 'said that he had never heard of Mackenzie in' his life. ' ' : Mr. Pinker, the auditor for the Farmers' Union, said that ho saw'no such note on the-sale ticket about-Mackenzie. ' , had stated', that if the Union wished it could . transfer the amount, to' his account. '.After hearing eyidonce as to -some of. .- Newman's'istock;transactions with the' Union, the Magistrate said that • there. were soriie obvious; inferences to be-drawn. There was no - doubt -in his; : mind •'that. Newman hadreally bought these cattle himself, but in Absolum's name, intending to 'speculate with , them ;on his own account, .or jointly with . Absolum. "Absolum lias sworn, and I 'see ■ no reason to doubt-his, statement, that he was not mixed up in the deal," continued ' the Magistrate.,. "The only, reasonable inference is, therefore, ; that; Newman'bought for himself,: and this Mackenzie is a myth prpduceJ as-an afterthought. -Newman has • told"an extrabrdiriary story, and.has giyeri his .evidence very-unsatisfactorily, and:l;can- ; not. place' any credence .upon it.". ', Judgmeilt - was accordingly' given .against Newman for the'sum of £69' and costs. . With regard to Absolum, the Magistrate said ■ bo would enter a non-suit, arid defendant would be entitled to his costs as against Newman: