Michael Mullooly’s Troubles

Gisborne Standard and Cook County Gazette, Volume II, Issue 223, 17 November 1888, Page 3

Michael Mullooly’s Troubles

A GALLANT DEFENDER. Any pnrenologist would affirm that Mr Michael Mullooly was originally intended as a lawyerIf some lawyers were in Court as often as Michael, they would consider they had a tolerably good practice. But then our friend has George Washington’s great weakness’ which some people say would have made things go very hard with George had he been in Gisborne. There was a delighted audience of unemployed and others to listen to Mr Mullooly’& defence of ihe action which Mr McMillan had taken against him, and which was taken before Mr Booth on Thursday. The plaintiff sued for £23 damages to a horse, and f r breach of agreement. On the case being called on for hearing Mr Booth said he would like Mr Mullooly to explain why he had been subpeeuaed as a witness. He (Mr Booth) knew nothing whatever about the case. Mr Mullooly : You are a most important witness. Mr Booth wanted defendant to state his reasons. He had no evidence to give. He could not hear the case and be a witness at the same time. Mr Mullooly : The Justices can hear the case. Mr Booth explained that it was beyond the jurisdiction of rhe Justices. Mr Mullooly: Then make it within their jurisdiction. He was not a solicitor and could not afford to pay for one. He strongly urged that Mr Booth should apjjoint the Justices. Mr Booth : That is impossible. Mr Macdonald: It’s a mere point c>f law. No person can be a Judge and also a witness. Mr Mullooly : It’s no law point at all. Mr Booth: Will you sit down, Mr Mullooly, and keep quiet. Mr Macdonald said it appeared Mr Booth had been supcenaed, so that he would not be able to preside, and this was not a case for the Supreme Court. Mr Mullooly had not given one reason why the Magistrate should appear as a witness. Mr Booth said he was quite willing to adjourn the case till 2 o’clock, for Mr Mullooly to state his reasons.

Mr Mullooly: I want Mr Booth : The case stands adjourned tiil 2 o’clock. At two o’clock the defendant was asked to give hia reasons for wishing Mr Booth to appear as a witness, and he said that gentleman knew all about the mira. Ha wished the oa«* left in the hands of the Justices. Mr Booth said the case was beyond the jurisdiction of the Justices, but he would, if it were wished, give evidence from the Bench. Mr Mullooly : But I want your Worship in the box there on oath. Mr Booth said he would be on oath, but it was beyond their power to depute the case to the Justices. Mr Mulloolly (resignedly): All roight, ger. A. McMillan deposed he had leased a paddock of ten acres, situated at Tolcga, off Mr Mullooly, at a rental of £2O a year. He took possession of the paddock, and put a grey mare in. Mr Lincoln sent a note to say that if the mare waa not removed ho would impound it. He replied that he had leased the paddock and paid six months’ rent for it and could not recognise Mr Lincoln’s right in the matter. The mare was taken out and put in the Whataupoko pound. Mr Mullooly brought the mare back. The mare had been blistered. He paid £3 5s in cash to Mr Mullooly and the remainder was put to his credit. He had lost a great deal, and been put to great inconvenience owing to the paddock being taken from him. The mare was worth nothing now for riding; he had valued her at £2O. The injury was caused through the mare being driven down to the pound. He claimed £5 for loss of goodwill of paddock, but had lost more on that account. Defendant: Now, when I let you this paddock why did you not keep it? Plaintiff said he kept it until he had two locks broken and his horse impounded, He added that Mullooly gave him the paddock so as to get him to fight out the latter’s battle with Lincoln, when Mullooly could not do it himself.

Defendant: Now you reckon yourself an honest man ; if you got £23 from me don’t you think you would be robbing me ? Witness: No, ce.tainly I don’t. It would in any case only be £l3, as I £hve you £lO for the paddock. Defendant said he had only got £3 ss, when he was told the remainder had been placed to his credit. “ Its ail very feme,” he said, “ talking about yere credit; I don’t want credit from McMillan—l am never without a few shillings.” On the plaintiff producing accounts to prove th st Mr Mullooly 7 was indebted to him, the defendant said, “I don’t want any of this hole-in-corner business ; why did you not send mo the account—if it is right I will pay you, if it isn’t I will dispute it.” Defendant then submitted the witness to a very critical cross-examination as to the value of the mare and why he had given up the paddock, convulsing the Court by interjecting that he did not think McMillan was such a chicken as to let Jack Lincoln get the best of him.

John Lincoln deposed he had, and he hadn’t, leased the paddock from Mr Mullooly. There was only a verbal agreement, but he considered himself the rightful tenant. Had got a notice to give up the paddock. He impounded Mr McMillan's mare. Had kept possession of the paddock for two or three days after turning Mr McMillan out. Had replied to a notice from Mr Mullooly giving him up the paddock. Another entertaining cross-examination followed, the defendant giving himself the doubtful consolation of mutterfog that these witnesses knew nothing but what suited themselves, and say-ng that between the pair of them he would like to know where he was going to get the rent for his paddock. G. Kilburn gave evidence as to the condition and value of the mare. Mr Mullooly deposed that he had let the paddock to Mr McMillan. On the 20th he went with Mr McMillan, turned some other horses out, and told Mr McMillan to put his in and they would be all right. Mr McMillan would not give him up the paddock nor write him a letter to that effect, but threatened to sue him. Between the two he would get nothing. He admitted getting the £3 ss, As to the horse he would not give five shillings for it. If he had b-en offered it to ride for twelve months he would give five pounds to get it taken back He knew more about a horae than any of these green fellows. He did not to do Mr McMillan out of a copper. All the blisters in New Zealand would not cure the mare, which was suffering from ringbone before she was impounded. She was not lame before or after she was sent to pound. He said to McMillan, “Give me £3 5s cashaqd I will drink the rest pfitout.” pne day Kilburn asked him in Vo have a drfok, and he saw MoMillan’s man put it down to him (defendant), so he said he would have no more of it. To the Bench : Ho agreed that the balance of the £lO should be a credit. R. Little had released the horse from the pound. He would not call the plaint a ringbone. When he took her out he would not oare to buy her at all. Before the maro went to Tologa first he would haye been glad to get her for £l5. JTor himself

he would not have given more than £2 for the mare when she came out of pound. A. Reevas deposed he had a conversation with McMillan, who said he hid leased the paddocks from Mullooly, and had pa;d six months rant in advance, and shortly afterwards said his horse had bean impounded. He estimated the value of the mare at the present time at about £ e s* The mare might be good to breed from. Mr Mullooly : Would you not rather shoot the mare than breed from her ? . Mr Booth: Don’t ask such foolish question By Mr Macdonald: When the mare was running in the races she might have been worth £l2 or £l5. Mr Mullooly next called Mr Booth, who was then sworn, but the defendant said he would decline to ask any qusstiong while Mr Booth was on the Banch, Mt He did not know anything whatever about the ciroums ances. Mr Macdonald! The defendant -sirndly wants to ahullle out of the case, and put it beyond ihe jurisdiction of ihe Justices. Mr Muifooly cofomsneed going late a long

s'.j-tr-ment rf affair?, wbrn he w-ia R-'r.pped by Mr M.-c’<mald, who eaiJ. tha: the defendant would have to confine himself to the evidence giv. n or to any law pciuts. Mr Mul.’ooly \\an-:ed to know why he had to address the Couit. He then wanted ihe ease to be adjourned to. Tologa Bay, so that Mr Booth could inspect the mare. The Be u h considered the defendant liable for £lO for lhe paddock. He did not consider that defendant would wilfully injure the mare. There was no doubt that the skin had been rubbed off the mare’s head through no fault of Mullpoly’s, as the animal was rather fresh and pranced about when being led. He would give judgment for £l7 with costs £B. Mr Mullooly gave notice of appeal.