RESIDENT MAGISTRATE'S COURT.

Daily Southern Cross, Volume XX, Issue 2032, 22 January 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

Thuesda-y. [Hefor* Thomas JStoKiiAM, TV| , E M ] BAflt Y. BTiANDFOKI). I'Jiis case was called on foi judgment. Mi. Brookfield for fclio plaintiff Mi. Merriman for thr dcfeuilant. Ju igment foi tlif plaintiff fm £6 Gs JOHJS.SOW I M'IFOT) 'Dili fn»p Juaci been icfettul to ai Intuition The iwaid gave £G 2->. 10il to plamtill, leaving to defendant the light to uncolleeted height LIWI'ACI }' SMITH. Claim £2 2a 4d lor me ..t Mm otliei cjoruK supplied. Defendant objected to pay till he got <i conect hill. The Coiut mlwl that the paiticulais wcie sufficient, and gave judgment fur plaintiff <?-\nTJt V I ILnORTH Claim £j 155., lamages done by pig tres| ass. The tiespass was admitted, mid £1 paid intoCouit. Mi. Wvnu appealed foi thu plaintiff, and Mi. Memm.iu foi the tk fend'iut J Iniimil sind the titsp.T.4 \,ns upon half .1 lood of potatoes, which <>hotikl ha\e piodticed a ton, of a par ticul.uly good kind, valued by him at £l~> He found about S'M stalks pulled up by the pigfi. < A public load i.iv thiough the piece, but it was closed at the end Some c ittle, «hcep, or tnwls luicl also been on the gioupil He had iiovpi applied to Ml. Dilwoith toi Lompenintioii, but asked linn to come and pec the d.un ige, which he did not do iie put 3 ewt. of seed 111 Had not dug the ciop jet It iv.h bush land, sw i«np\, but chained 'I ho d< feiulant &<mi he n wit and looked at the damage within tluee horns of pl.iuitifi calling, .md loitnd it to be slight. Two tons an acie was as much as coulil be expected fiom the pool (old 1 md of Waitakeifi, newly cultivated , T«o nitnesst-> having been examined to piove the damnge' slight, Hi-. Worship said lie would icfcivo judgment i-oU-\ i coon it I An action depending on a question of the identity of a mine. Mi. \V>nn foi the plaintiff, aud Mi. J. 23. Russell foi tha dc-Eenil.iiit. •Limes Fol< y deposed ] hied the mvre myself. She was foiled in Kovctubor, l&bl , isaduk bi own male, with a white stu on thy Foichc id She is a light male, 01 h ict. I had hei in my paddock from the time of fonlnii.' till 16 inoutlw old. Some hoises (,t Mi. McGee'i and my own weie linining 111 the same paddock, and Mi. McGee could not separate hei from his hoises, and I k.uv hei in Mi. McGee's paddock for a couple of months I sent mj biothci foi hei fom 01 five months ago, aud the hoises weie all gone. .Next time I saw hei was at OKhuhu bping ndden by Mi. Coopei 1 claimed hei as my maie, and wanted to look into hei mouth, but was not allowed till this morning lam quite positive that t.he is. my mare 1 also saw Mi. Veicoe iidmg the maie, befoie it was shod. Two of the McGccs h.itl been the mare. One of them ib now m (Join t Ciosb-e\amined by Mr. Russell I had ft conversation with j\li Coopei since the one I have lifduetl to. I then told him that hei age was two ort. I nevei told him that she w<ii thiee off 01 anythiug else but two off. She was 111 McGee'a paddocL till Heptenibei 01 Outobei, when she got on native land v ith McGee's hoises. I told Mi Cooper that 'Mahomed' was hei sue. Nevei said that 'Benedict' wa=. Cooper said I should sweat to hei age befoie I looked in hei mouth By the Comt Mie was foaled at Otahuhu and »fteiwaida lan 111 a paddock three miles beyond. Eichaid McGee, examined by Mr. Wynn, deposed I knew the maie well, she belongs to Jame3 Foley. Befoie seeing her with Cooper, I last saw her at Mangaiei, 1 mining with a colt of mine. I ha\e known hei since she was foaled, and have no doubt of her I identity. I By the Com t She is tvvoyeais and nine or ten weeks old. She came into my posseision about iix months ago, and was about twenty months old. This was the case for the plaintiff. Thomas Coopei, examined by Mr Russell, deposed • lam the 1 anger of the Mangaiei native le eives. I took possession on the Bth October last. The mare vv.it> 111 the Pukaki settlement on the 10th October, when I went tlieio, and has been 1 milling theie nearly the whnlo of the time. I should say she is about fom jean old Ahoise loses itsfroit mpperß at thiee yeaia old. This animal appen 9 to hive lost those and the fom-yeir old teeth as well Mi. Foley said she was two jeais old when he fiist claimed het. Oil another occaifcou ho said she was thiee. He at fiist said the ane's name was 'Benedict* and aEteiwaids 'Mahomed.' Cioss examined by Mr. "Wynn Theie is a gieat deal of difhculty 111 telling the age of a horse between two aud four yeais. Ido not profes to be a good judge I first saw the mare when she came to- my fathei's house, ridden by Benjninin Skeen. She be- j longed to the Maoi is. She belongs mow to William Enoch, a Maoii. He would be very hard to find ]ust now. I hold her by Government authoiity. Don't recollect Mi. Vercoe riding the maie. He may have done so. I ivm not *ware that I gave linn permission. He is a neighboui and relative of mine. I recollect a eonveisation with Mr. McGee about impounding horses. It was not relative to this mare. Ido not know Ml. McGee's hoises. I did not take another mare belonging to MeGee with this one , nor caused any one eke to take one. She was running with the hoises, I fchreftthened to impound, but I had lefugee horses theie as well. The place wheie I found her first, is very near Mr. McGee's paddock. By the road it is over a mile from it. Re examined Tbei eai c horses sent to the run by Government ordeis, of which the owners are afterwftids made out. By the Com t. There aie no visible biands on the maie. I cannot sweat positively to the teeth having boon leplaced. Did not look into her mouth when ridden' by Skeen. I now think she is four years old Hamlin Jetonie, examined by Mr. .Russell, deposed . lam alaboiuei lesidingatMaugiUei. First saw this mare last Christmas twelvemonths, 111 the native *ettlement on the island near Mangarei. I hired" her from Enoch, a Maou. I leside on the adjoining farm to the settlement. I saw the mare when the Maou left the place in July last. Enoch brought her to my place to sell at that time. When I lode her she was just broken in. I swear positively that the mare in Mr. Vialou'* stables is the one i had last Chiistmas twelvemonths. I have seen her at intervals between that time aud when the Maoiis left Ci oss-examined : I don't know her age." Don't knuvv much about hoises' mouths. Could not tell the difference between a. tvvo-j ear-old and a four-ye*r-old. Cannot tell whether she was a yeailing when I rode her. I should think she wns then a two-year-old. Mr. Wynn said he was willing to rest the case on the age of the mare. Mr, Russell declined. Benjamin Skeen, examined by Mr. Russell, deposed : lam a farm-serv*nt to Mr. Shepherd. Was with Mr. , Jerome Chrintmas twelvemonths »t M»ng»rei, W*»

with him when he hired the mare. I rode her myself some time lust May. I h»d seen her with Enoch several times m tlm mteival. I have no doubt of the mare in Mr. "Vialou's stables being the iame one. Cross-examined : I cannot tell the age of horse* my elf. I have known her about 18 months. Enoch had her in his possession. lam positive as to hrr identity. She is a daik brown mare, with a white star on forehead with a dark centre, and she has a peculiar tiot. I have not ttotted her to day, By the Court • I should think ihe was two yeais old when the last witness had her, I judged by her look. By Mr. Kussell : I saw her almost daily, and she w»s ottered to me forj£l3 when the natives went away. William Rae, examined by Mr. Ruisell, deposed : I am a labourer residing at Mangarei. Know the mare, the subject of this dispute. Saw her this morning. First saw her about May or June last, with Enoch's wife. I have frequently seen bei since. I saw Owen McGee nding hei somewheie about July or August last. Have no doubt of this being the same mare. Don't believe there was auother beast like it iv the Mangarei settlement;. Cross examined by Mr. Wynu • I first saw her in the beginning of 1862. She was broken in then. I know nothing about her age. This was tho whole case. Mr. Beckham *aid it would haye been infinitely more satisfactory if proper scientific evidence had been examined as to the age, and he did not see how it was possible to come to any leasonable conclusion without fuithei testimony. Mr. Wynu said there was a competent man in Court, who might examine the animal at once. Mi. Eussell declined to have the case le-opened, and lefused to allow it to be adjourned. Mr. "VVynn, theiefore, took a nonsuit, with the intention of bringing on the case again. _ BIDWBLL Y. BOOTH. Nonsuit, LOBRiaAN Y. MALONE. This was a case of trespass by pigs, and Mr. Bevelidge, on the pait of the defendant, denied eveiy thing in toto. The plaintiff examined by Mr. Brookfleld, his solicitot, who nppenied foi him He deposed that the defendant kept a numbei of pig', who were in the habit of ticspassmg in Ins paddock, and especially on the 16th November. Nine trespassed in Detembei. Witness could not tell what month Christmas was in, but the pigs tiespassed in the samp month that Christmas was in. Was quite sure of that. (Laughter). There weie ten on the 16th of that month, and on the 3 7th there weie five. On the 22nd theie were ten, and on 9th Jamiaiy theie were five. It was a clover and grass paddock, nnd fenced with a 3-railed fence, going clown to low-water made of the Tamaki river. The amount of damage done is estimated at 2s. 6d. a pig. Instead of impounding the pigs he took them up to Mi. ALilone's house, aitd asked if they were his ; and on bis assenting, he demanded a trespass, and bioughta claim foi A3 15ff. Cioss-examined by Air Beveridge, as to how he kneiv it was on the IGlh, 17th, and 22nd of the month, when he did nut know the month • Defined that he had no reason for the knowledge except that his son had told him. ilis fence was eight oi nine posts on onp side, and four post^. on the othsi fiom low water maik. On each occasion he took his tiespassing pigs to Malone Vi'dhani Lomgaii, the son of the preceding witness, jecollecten the pigs tic Suf-sing. No cattle could get rowel the fence, it was not passable to cuttle Mr. BiooUheld agieed on the part of the plaintiff to talvP £1 and costs, winch weie 7s Accordingly £1 Is was adjudged of consent, the defendant agreeing to keep Jus pigs umlti bettu contiol m futme. 1 "»r LKEN/rt i powi.,b. This ease ulited to the disputed owneiship of n. hoi stMi Metnmau, on behalf of the defendant, applied foi a postponement of the case, on account of thp absence of a in itenal witness, ag.uust whom he moved that the full pen ilcy foi noil attendance be inflicted. Mi, Bloo! faUu contended, on the other side, that the postponement of tlm c.ise would mmc to one smt die, Hid the 1 oi &j n. ou d e.it its Iwad oft in a lncnstable, where it was no\, f-tandmg. Ml. Meriimpii said ie could digest its held. (Langhtei.) fie believed th-it the horse did not belong to tho man who sold it. ]t v.as a case he must fight out, come on when it might. \t was agieed to adjoin n, on the horse being given, in the meantime, into the custody of plaintiff, he being bound to lestoie it if t'.e case went ag.miit him. Case adjourned to next Phuisila}, and the Court to nwaul such co-,ts to the plaintiff for a postponement as might be afteiwauls an.uded His Woiship also intimated thit as regaided thp witness who had failed to answti the subpoena and appear, he would give him until Tuesday week to appeal, and show cause for his absence. Tf he failed then, the penalty of .£lO would be inflicted on him, and failing payment, 14 days' imprisonment