RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5342, 28 March 1879, Page 4

RESIDENT MAGISTRATE'S COURT.

Wednesday, Maeoh 26

(Before K. Stuart, Esq., 11. M.)

THE CONSPIRACY CASES,

The case against George Prior Donnelly and Joseph Price, brought by Renata Kawepo, was continued yesterday till 4 p.m.

The first witness called was

Henry Campbell, who deposed : — I remember a sale at Hastings in February, 1877, conducted by Mr Miller. I was then in Mr Donnelly's employment. I took some horses to the sale for Mr Donnelly. I had some conversation with Mr Donijelly before the sale, about the price of the horses. He asked me what I thought Otuapi, Tawera, and Tamatia ought to fetch. lam not aware that the horses were publicly for sale previous to this ; privately I think they were. I said I thought Otupai should fetch from £300 to £400. He replied that he expected to get that for the colt I was leading. Donnelly said nothing more to me till I got. to the sale yard. I have been amongst horses all my lifetime. I can judge pretty nearly the value of a horse. I should say Otupai was worth £350, and might have been worth £4.00, as ho stood a very good chance in two good races at Wanganui. I should suppose Tawera to be worth £200 at that time. The sale had not commenced when I got to the sale yards. I was there about an hour and ahalf before it commenced. I had no conversation with Donnelly about the horses before the sale commenced. He told me to put the horsed in the yard. After the sale commenced Mr Donnelly came to me, as I was lying down by Mr Price looking at some horses of Mr Farmer's that were being sold by Mr Miller. Mr Donnelly called me over, and said something about the horses in the yard. He came very close to me, handed me a slip of paper, and said, " Give that to Mr Price, and don't let anyone see it ; do it quietly." He went away, and I gave the paper to Mr Price as quietly as I could. Mr Prico opened the note and read it, and when he had read it he looked very hard at me, and held the note as though he wanted me to see it. I saw what was on the paper. Otupai was on the top, and 700 in figures opposite it. Tawera was next, and 500 opposite it. Tamatia had 250 opposite it. There was some other writing on the paper, but Price took it away before I could read it. I saw those three sets of figures. I did not see what Price did with the paper. I think Otupai was put up first. Mr Donnelly took me over to where the colts were so as to have them ready. Mr Price denied the names and tho amounts that were on the paper about 12 months ago. He also denied them before that. lam certain that those names and figures were on the paper given to me by Donnelly for Price. I came back from the yard as Otupai was sold. I heard Mr Price bid

£700 f6r him.. Mr ' Miller did not take Mr Price's bid., I ;did not hear Karma bid, but I belief Wbi'd.^OO, and it was knocked dowh>*t_' Tttm^'l believe for Renata. I do not' kriow^why Mr Miller did not take Price's bid. y vl heard at the sale that Karma Avas buying tlie hor3e for Renata. Otupai was knocked down for the exact figure I saw on the paper. I saAV Tawera put up, but do not remember the bidding for it. Tawera Avas knocked down to Karma for £500. I did not see Tamatia sold. Tawera was knocked down for the same amount that I had seen oh the paper.

By Mr Lascelles : I did not see where Mr Donnelly got the piece of paper. It appeared to be a leaf out of a pocket-book, just folded together. I thought Mr Price held the paper expressly as if he wished me to see it. I said nothing to Price at that time about the paper, nor ho to me. Nothing was said about it for a Aveek after. The paper was written in pencil. As far as I can remember, I had mentioned som ething about the paper to somebody else, aud Price came to hear of it and asked me about it. He said to me that I was wrong in what I said about that paper. I said, " What do you mean V He said that as far as the names were concerned it was wrong. I said, " It's no use your denying it, for I can read writing." I don't remember anything more that passed about the paper at that time. Ido not remember any of the bids for Tawera, but I heard it said that he was knocked down to Karma for £500. I cannot say Avhether any other person was bidding for Otupai or Tawera.

By Mr Cornford : Renata Kawepo subpoenaed me for a witness in , this case. 1 came down to town before! Avas subpoenaed. Mr Holden sent to Patea for me. It was on the 6th March Avhen I came to Omahu. Mr Holden is overseer for Renata Kawepo. I called at Mr Donnelly's house about two days after I came down to see Holden. I saw James Munn at Donnelly's, and had some conversation with him. I spoke to him about his having left Renata. lam not aware that I made any allusion to Mr Donnelly. I Avill swear I did not tell Munn that' l had come down to do Donnelly a good turn. I am 25 years of age.. I had a great fancy for Otupai and Tawera at tho time of the sale. I thought money Avas to be made out of them. I thought so after the sale. I went to Omahn after the sale, to ask Renata to let me have the horses to take to Auckland for ' the races. I' saw Hirini and Renata. I think there were others there. I thought I might get the horses from Renata. I did not get them. 1 believe I said to somebody at the time that I thought I should have got the horses if Mr Donnelly had not been at Omahu. I left Mr Donnelly's employ shortly after the sale. I Avas out of his employ when- I went to Omahu about the horses. I 'am not quite certain whether the conversation I had with Price about the horses Avas before or after I went to Omahu about the horses. I have not got a very good feeling for Mr Donnelly. I have no great animosity against him, but he is no friend of mine. I threatened him personally once at the Agricultural Show before last. I did not tell him on that occasion I Avould make it hot for him. I told him I would slap him in the mouth if he did not hold his tongue about me. I said nothing more to him then. He said he would give me in charge, and I walked away and left him. I cannot say whether I saw George Peebles on that day, nor do I recollect speaking to him about Mr Donnelly. I will not swear that I said to Peebles I would make it hot for Donnelly, that I would make him suffer for it. I remember the day in the Masonic Hotel when Munn said something about. Martelli to me. I may havo said to Munn on that occasion that if I had had as good a chance at Donnelly as I had at him (Munn) I would have knocked his head off. Ido not remember saying so. I believe Donnelly went from Korokipo with me to the sale yard on the day of the sale. We took some of the horses from Waimea, and some from Korokipo. I saw Mr Donnelly at the Hastings Hotel on the day of the sale, about 3 p.m. The sale day was the day after the races. Mathew Robertson Miller deposed : I am a stock and station agent and auctioneer, carrying on business in Napier. I know the prosecutor and both defendants. I remember being instructed by Mr Donnelly in February, 1877, to sell Otupai, Tawera, and six other horses. On the morning of the s*,le, Mr Donnelly told me that Mr Lyon would make one bid on his behalf. The horses Avere duly advertised for sale. The day of sale was Saturday, the 24th February, 1877. I did not sell many horses that clay. Twelve of Watt and Farmer's Avere offered, and five Avere sold. Otupai was the first of Mr Donnelly's horses put up. I am not very clear as to the bidding for Otupai. After the bidding got to £400 it Avas more confined. Before that there had been several bids. After the £400, the bidders were Price and Kariua, but some other person, whose name I do not know, made other bids. I believe these bids were between £400 and £500. The latter bids were confined solely to Karma and Price. When Price made a bid Karma outbid him. They were large bids after that, either £25 or £50 : I cannot say exactly how much. The last bid is more clearly marked in my memory than generally on those occasions. Immediately after Mr Price's former bid Karma said £700, which was an advance of £25 or £50 on Price's bid. I knocked the horse down lo Karma. In a few seconds Mr Price said " That Avas my bid." I said no, because I was perfectly convinced that Price had made the former bid, and I could not take his bid against himself. . One or two who were Avith Mr Price said they heard him give the bid. I then said .that if any dispute arose I would put the horso up again in accordance with the terms of sale. Mr Price said " No, no, never mind, let him have it." I have had some experience in arriving at the value of horses, from 29 years' experience in the colony. It is rather a hard question to decide the value of a horse such as Otupai ; experts differ. I fancy I should be safe in giving £300 for the horse. The late Mr James Watt, who was au owner of racehorses, said he should havo given £200. I havo never seen, in the course of my experience, a horse of that kind run up to such an unusually large figure. I remember Tawera being put up. I have no recollection of the first bid. The real running was between Karma and Price, as in the former case, Karma closely following Price, as before. Tawera was knocked down for £500. I should not have given £150 for him myself. I was surprised at the bidding for both horses. Tamatia was put up, and passed at £200. A brown colt, brother to Otupai, was passed at £150, owner's bid. A yearling colt, by Pacific, was passed at £105, and a mare, Viiiette, was bought by Mr Lyon at £100. There was some competition for this horse. Mr Donnelly afterwards informed me that that horse was not sold. My _ account with Donnelly included the horse as sold. When I rendered the first account Mr Donnelly said the mare had not been bought, and that Mr Lyon had only been bidding for him. I then told him that Mr Lyon only had a right to give one bid, as he (Mr Donnelly) had told me he would require one bid fur Mr Lyon on his behalf. As Mr Lyon made several bids, I knocked tho horse down to him, and rendered him tho account. I Avas annoyed about the sale of the mare, which I looked upon as a bonaftde sale, and told Mr Donnelly that I could not reduce my charge for commission, but finally Pknocked off the sale of tho mare. The only horses of Mr Donnelly's that were sold that day were Otupai and Tawera, tho sale of Viiiette not turning out to be a bona-fide sale ; at least so it was represented to me by Mr Donnelly. Mr Lyon has never claimed the horse from me,

,By Mr Cornford : I had no other written instructions from. Mr Donnelly. I had my ; auction book at the sale. There were printed- conditions of sale, which I read. I had rid- written conditions. I cannot produce the;, exact copy of the conditions of sale ; which I read. I saw a copy in my office about a week ago. I cannot say Avhether it is the ono I used at the sale or not. •• ' Mr Cornford here asked His Worship , that Mr Miller might be allowed a few minutes so as to make a search in his office for the document required, as it was very ' important that it should be produced. Mr Miller said that he had already searched for his copy of the conditions of sale he had used at the sale, and could not find it. One of his clerks had also looked in the office for it, but was unable to find it. •■ Mr Cornford said he was not going to interrupt the case at present by asking Mr Miller to make another search, but would 00 on with his cross-examination. Mr Miller continued : I had no special .instructions from Mr Donnelly about tho sale. Ido not remember a paper being handed up to me' during the sale from Mr I Donnelly. I 'had been out at the races previously to the sale. I believe the races Avere on Thursday and Friday, and the sale the next day, Saturday. I will swear that no reserves Avero given me before the sale by Mr Donnelly. Ido not recollect making any remark to Mr Donnelly that .the figure he wanted in one case Avas too high. There Avas no understanding between Mr Donnelly and myself that Mr Lyon was to have only one bid. I havo heard of auctions, but not creditable ones, Avhere the vendor Avas to have more than ono bid. I am perfectly sure that 1 never gave you (Mr Cornford) any instructions to prepare conditions of saLe, stating that the vendor might bid in the same manner as other persons. Otupai and Tawera may have had a special value in February, 1877. The value that 1 have given them is simply as they stood. They were sold withHheir engagements, noted in the condition's of sale. Ido not remember what their acceptances Avere in the Wanganui Jockey Club Handicap. Ido not think 1 stated Avhat their performances had been at the previous day's races, or what they Avere likely to do at Wanganui. Certain people- fancied Outapi and Tawera at this time, though I cannot say they were very much fancied. According to my experience racehorses might have a special value in the hands of racing men beyond what I should attributo' to them. ' I have sold many racehorses ; there may be fancy values as Avell as special values. I have heard of a racehorse named Fishhook. I cannot recollect the price that was Avanted for him Avhen he Avas here. I do not. recollect whether I sold a horse called Kingfisher some time ago. The Court Avas then (4 p.m.) adjourned till next morning.