MAGISTRATE'S DOURT.

Manawatu Standard, Volume XLII, Issue 10109, 17 October 1917, Page 6

MAGISTRATE'S DOURT.

I\\l.M KI \ STON—'TU HS DAY. (Before Mr W.G. K. Kenrick, H.M.) DEFENDED CASES. Further evidence was taken in the ease Ft. 11. Crali!> (Mr Cooper) v. J. P. M illCiii,(Mr Collins), in; wl-icli tin* plaintiff _ nought to recover from defendant, .J. P. Williams, two bullocks or.their value. Albert Alfred Signal, sloekdoalor. ot Wanganui, said he tvas in partnership with defendant. lie knew the two head oi cattle about which the dispute occumg)— they - were a black Holstein steer and a loan bullock. He had seen them at. a sale at Huntervillc, where a dispute arose about them. He had noticed earmarks ~n both the cuttle at the Fcilding sale. Four other beasts had similar earmarks. The beasts in the pen at Jedding had been previously offered at Huntervillc, inclndiiig the. two in dispute. He bought them at Taumantnui, and brought them in. a mob of 101 to Huntetrviile on April

Fred Emanuel Simmiss said he trucked -13 bullocks at Fcilding station on May b fast, and look them to his place 7j. miles disfau! He drove them to the r eliding (Mu.; y.gain on the 10th. when they were m-t sold, and he then drove them-home. On Jlav 25 the cattle, were taken away, hut. he’did not count them, as t-ne nioriv iu.r was too dark; hut he had counted so on', (he.. dav before. The cattle were, m-t sol-i, and were put m Dalgely s paddock, and later taken back to witness s paddock. 1 f.• .counted them and there were only 41 The manager of Dalgety's had also told him" there were only 41 in the herd. On AI a v 30. Brown. Mr Crabh's agent, came mi I and witness- mustered the 41 eatt.e When Brown inspected them then he said -even or eight were not his beasts. One of the beasts was in an adjoining P«ddoek. It was a blue and roan, rind he pulled dm wire down and let it through. Brown ~:iid ■ "I cannot identity it, hut nn son 'might.- He also picked out another beast which he'claimed as his own A iH’ss also pointed out. the hlaek la-asl. hut Brown said he could not identify d- ‘ ' ,c > then left the paddock, hut " J'.'i,. al some earmark.- on Mr Ci abh s tatth, which were similar to those on the beasts in dispute. . . ...i... Witness, was then uulJiorisec to at. ill,, 41 cattle into the Fcilding sale on Julie 3, but the roan beast was missing. William Skipv.illi. auctioneer lor Dalge.y and Co.', said he was at !• eliding on Ist dune la-.t and was pim-ent wdnm He ekum was niade by Mr C. abb or the calth There, wore live of Mr CrMJL; cattle sold. Plaintiffs representative, who was ttieie, sdd that the cattle did net Hkj.v hki- Hi-'; Tlmv did not include the roan and Ui- t,l.u,K wiii'ji were in another pen. A emiyevsv non Took place ami Mr 1 ra.ob said hat. im bullocks were two that Brown mid .OKI to him; and he was; going to stop xbe sale ot them. Witness asked Mr Mi hams to hold the two bullocks, whirli ho did. , I V-mk HiU .said that be know* the*. tWfiulam Williams. fie received some cattle at Haleomlm and took them to eliding. | he was told to go out to defendant s Ja.ce and identify one ‘>r the < -attic warn he had driven down. Mr Miatmon mi. with witness, and lie was asked wheutm e Know anv of the cattle. He uleutmed the roan a a'it. was a very uncommon colour.

Decision was reserved. MOTOR ( VU.K CASK. , ]•;, S. I Tvs (Mr Cooper) v. A .1. 1 eaeiiet (Mr Collins). claim to reconr from deleiul•inr the return of one motor ou'le anil no car. or Us value. £6O. 1 ; k.ngln. bv a man naired K-u i- n. ■ Iv paid for it, It was thou smed A Mm bailiff and bought by dclcndam .U; a ' 11 >n. The case, which «, prevtomdj neat d ;.f Wimcraiiiii. was again adjourned. HivSKRYKIJ DKCRMONS. In the case, of W. A. Herald Rt/,arti 1 I!;dkiwi, in winch plaintiff claimed -you !bv 6cl, made up of (1) £l2 15s tivvdmtr expanses to Auckland, (2) £l3'for allngK froJi'i 7ih to 20th »Jub, ( ) - <om mission back account*. J ; ; Worship upheld the No. 1 c la, ni. an iudmnenf, for nlaintilT for £ll }p\ , Ao._ c ffIKS not allowed. In iho3SW3 claim