LOCAL NEWS.

Nelson Evening Mail, Volume I, Issue 69, 25 May 1866, Page 3

LOCAL NEWS.

SUPREME COURT. CIVIL SITTING. [Before His Justice Johsstox.] Tins Day. The following Special Jury was sworn in:—37. G. Morse, O. Curtis, W. M'Crae, TV. 11. Turner, Hugh Martin, jun., T. Huddlestoni G. 13. Wither, J. VV. Barnicoat, H. Eeit, 11. Pollock, 11. H. Stafford. X. G. Morse, foreman. . » W. STRACIIAN* V. GORDOX POXSONBY. Messrs. Adams and Pitt for plaintiff, Mr. South and Mr. Ivingdon for defendant. This was an action to recover the su:n of £1,507, for damages alleged to have been sustained by nontulfilment of contract in conveying 730 sheep and 20 head of cattle from Picton to Hokitika, and delivering and disposing of them there. Plaintiff alleged ihat the sheep were improperly stored and cared for, and the vessel unnecessarily detained, so that when the freight was landed, they were so deteriorated in value as to cause a great loss when sold. The action was brought to recover the loss sustained. Defendant pleaded that it was a partnership arrangement, and that the loss arose from the unavoidable detention of the vessel and the state of the weather. \V. Strachan. the plaintiff, said: I reside near Picton. On the 18th April, 1865, I saw the defendant and the agent of the Claud Hamilton, and agreed to find them some cargo if I could. There was an agreement in -writing, but not at the time. The verbal agreement was that the captain should provide half sufficient cash to purchase a lot of sheep to freight the vessel. I was to supply 20 or 30 head of cattle. I procured 730-shcep. and paid for them from the money some of which I got from Captain Ponsouby, £392,jjand the rest I paid in bills. I took a bill from the captain to make up his half of the value of the sheep. lie paid no portion of the purchase money, nor agreed to do so. The terms were afterwards reduced to writing, and signed by defendant. The agreement was put in. It was dated April 2S. Mr. South objected to its reception. Witness: It was signed on a subsequent visit of defendant two months afterwards, after the sheep had been shipped and sold. Mr. South contended that it was irrelevant to the present inquiry and inadmissible. His Honor reserved judgment till he saw what more was said about :he contract, and would not allow the agreement to be read. Witness : The captain was to go on to Hokitika with the sheep, dispose of them with all reasonable dispatch, and remit the proceeds to Mr. Beauehamp. It was distinctly stated in presence of the agent, the necessary accommodation should be found on board the vessel, meaning food and water. The captain said he required mc to send no one on board as Ids officers were quite capable of attending to the sheep and cattle. On the faith of this I was induced to make up a freight for the ship for old tika. He was to receive 5 per cent, commission, and said it would pay the vessel to stop for them. I knew the vessel was to call at Nelson because the captain said he could get hay cheaper there, mc said he should tranship the stock to the Auckland, and deliver them on his way to Melbourne. There were- "30 or 720 sheep and 20 head of cattle. Ahmit a Month after I received proceeds of cattle 16.)/. r il:-j value at Picton was 320/ for the 20 head. This v, as the whole of the proceeds of the cattle. I got "9/ ss. for the 3G5 sheep. They cost 255. a head at Picton, and 10s. per head for freight. They were worth 50s. or 60s. at Hokitika. 1 subsequently learned the cattle had not been sold at Hokitika. 'i wrote to Cawthrou the agent in the month of May. The date of shipment was 22nd April. The letter to Air. Cawthrou was produced, in winch the writer said that he held the company liable for the cattle invoice price, on the ground that they had been brought back from Hokitika to Jvelson. To Mr. Kingdon : The defendant was to get a profit on his own sheep, and a commission on mine. I saw all the sheep on board, and helped to put them on board. I did not think them sufficiently stored. i complained they were too thick, and the captain said he would have them separated. 1 delivered the cattle to the captain on the condition that he would sell them at Hokitika, and do the best lie could. I gave him a letter to Messrs. Freeth and Ward. I knew the captain was going to he transferred to another ship. There was no doubt suggested about his delivering the cargo. The captain said ihere was more room on board the Auckland. He has since told mc he was prevented by the agent from taking the sheep on. 1 know the cattle'were brought back just before writing to Mr. Cawthron. I came to Nelson, May 29th, with Mr. Beauehamp, when I ascertained the loss on the sheep ; Mr. Beauehamp had no interest in the matter. In the „ Company's Office at the end of May, 15G5,1 saw the Captain". Messrs. Cawthron'and

Beauehamp. It was a month after this meeting for a settlement, the agreement was signed. I received the £38, and had to agree to it in the meantime, from Captain Ponsonby. I was to receive my share of half the proceed after the freight was paid. It was not agreed that it was a bad job, and I must abide by the loss. Cawthron said, had the captain carried out the thing himself there would have been no loss. I expressed myself dissatisfied. I did not agree to the loss. I accepted the bill as the balance of my half minus the freight. Isold the cattle myself for £185, and received the money from Mr. Freeth. No freight was charged for the cattle. I uext saw Captain Ponsonby about a month afterwards. I then asked him to sign the paper the actual terms of the agreement. He said he was willing to do so, as he considered I had been badly used. Mr. Beauehamp drew it up and witnessed it. The captain said he was sorry he had not gone to Hokitika himself. I got the captain to sign the document as the ground of an action to recover damages. I wanted it to show the nature of the transaction. It was not signed to get mc out of a scrape with the people from whom I got the cattle. It was not expressed, that I might be able to bring an action against the company, but to show clearly the nature of the transaction. lam confident, that the action was referred to. To Mr. Adams : On receiving the £3S it was on the footing of the balance their account showed. I had no correct information theu about the delay at Hokitika. Arthur Beauehamp: lam agent for the Panama Company at Picton. In April, 1865, Captain Ponsonby arrived on the 18th, with the Claud Hamilton as a supernumerary boat. I endeavored to procure freight from Mr. Strachan, who is a flockowuer. I was present at a conversation when it was agreed that sheep should be provided by Mr. Strachan, and the captain was to pay a proportion on his own account, and not on that of the Company, he having received a discretionary power to do so. The captain said he would find half. He was going to Hokitika, and if the Claud Hamilton did not go there he should go down in the Auckland. He was to get five per cent on plaintiff's sheep and the cattle, for disposing of them. He was to find the necessary fittings and proper attendance. If the weather was too rough to land the bullocks alive, the captain said he would kill them and land their carcases. I understood each had a half interest in the sheep, but there was no agreement for an appropriation of specific sheep. The sheep and cattle were shipped in Mr. Strachan's name, as appears in the manifest. The freight was not paid to mc. The captain was 'to have remitted the freight, but did not; it was settled at the Nelson agency.