CIVIL SITTING.

Nelson Evening Mail, Volume I, Issue 71, 28 May 1866, Page 2

CIVIL SITTING.

Saturday, May 26, 1566. [Before His Honor Mr. Justice Johsstojt and a Special Jury.] CARTER AND MANGELOW V. HELPS. Mr. Pitt for plaintiffs, Mr. Kingdon and Mr. Soutl> for defendant. This was an action to recover the ram of 215? lSs.. the value of some sheep, illegally seized by defendant as agent for the plaintiff. The allegation was denied Henry Mangelow said: 1 paid a man named Coleman 113/for some sheep. The defendant seized the sheep knowing them to be mine. He sold them through Mr. Moore at public auction. I bought the sheep at the Turf Hotel on the 27th in Carter's presence. I paid the deposit on the 27th February and was to pay the money next clay and take the sheep. Robert Carter: I purchased from Moses Coleman, in connection with Mangelow, 159 sheep at 15s. per head, on the 27th Eebruary last. Coleman asked me to buy them. I consulted Mangelow before concluding the purchase, and got delivery of them next day. The sheep were afterwards taken by Mr. Helps on Cross's farm. I told him they ware mine just after he seized them. William Cross: I was present when Mangelow got delivery of the sheep at Coleman's. Isawll3Mos. paid to Martin by Mangelow in Mrs. Coleman's presence. I saw Mangelow take a receipt which Martin signed —the one now produced. The sheep were driven to my brother's farm, from whence they were afterwards driven away by the bailiff. We made a verbal agreement with Mangelow at Id. per day to feed the sheep. Mrs. Coleman: lam mother of >[oses Coleman. ] saw Mangelow pay £113 10s. to Henry Martin, who gave it to me, and I gave it to my son, in presence of Mr. Cross. Henry Martin: On the 28th February I saw Mangelow, who came to Allington to pay for sheep, by Coleman's authority. I received the money, which amounted to £113 and some odd shillings, for which I gave the receipt now produced. I paid the money to Mrs. Coleman. The sheep were taken to Mr. Cross's farm. Mr. Kingdon stated the case for the defence, as itwill appear in evidence, and said he would show that the sale was a sham one for fraudulent purposes. David Henderson Murdoch: I am a cattle dealer. I know Mangelow. He offered me some sheep for sale, at 17s. 6d., which he said he had got back again after having been seized. I don't think he said, " I can't lose more than £5 by them." lam a buyer of sheep. I think those sheep were not worth more than 15s. or lGs. each, as they were ewes and lambs. IVx'r Clissold : I am a farmer near Allington. Mangelow came to me with George Coleman on the 28t:i Eebruary. Before that I had made arrangement with Moses Coleman to run 180 sheep in my paddock. I told George Coleman I had no arrangement with Moses. George said they were Carter's sheep, and that was Carter's mate. The mate offered to pay ,i.'i for an hour per day, which I did not accept. 1 ■.olt l. him to tell Carter to come to me. Thomas Hill: I recollect meeting Moses Coleman's sheep on the 26th February coming towards Nelson. I heard Carfer say that ho had bought the sheep and paid for them. Mr South, in addressing the jury, said it was simply a question of the bona fides of the sale. There could be little doubt that the sheep were driven off in a hurry to defraud the landlord of his rent. Mr. Pitt, in reply, submitted that there had been no real defence to the action. His Honor said : All the plaintiffs had to do was to establish a priind facia case in favor of the sale. It Avas for the defendants to prove mala fides, in conspiracy and fraud, it' any existed, even were it shown that Coleman had attempted to defraud his landlord. this was no reason Avhy the plaintiffs should suffer, if, as there was reason to think they did, had purchased the sheep in a legitimate manner. The j ury after a brief consultation returned a verdict for the plaintiffs for £120 13s. lOd. The Court was adjourned till Monday.