The Nelson Evening Mail. TUESDAY, DECEMBER 18, 1866. RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume I, Issue 245, 18 December 1866, Page 2

The Nelson Evening Mail. TUESDAY, DECEMBER 18, 1866. RESIDENT MAGISTRATE'S COURT.

[Before J. Poynter, Esq., R.M.], • „ Monday, December 17.- --. Morey and Murdoch v. Green.— Mr. H. Pitt for plaintiffs. Mr. Kingdoh for defendant. This was an action to claim 'the value of a bullock, ■ placed for .depasturing,. in defendant's' paddock, and which was injured by breaking through the fence. Mr. M. Morey said : In February last, I was in partnership with D. 11. Murdoch, and took about 14 head of cattle to depasture on-defendant's farm. On taking the cattle there, : I saw "defendant's son. The bullock, whose, value is now sued for was ruptured • by either jumping or being thrown across a fence. We never got it back again. We lost not only the value of the bullock, but its freight to Hokitika, which had been paid. I estimate our loss at about .£4B. Mr. Green had agreed to take the bullocks for depasturing -in the., paddock, on our, paying 25.,6 d. per head^per week, for them. '" To Mr. Kingdon-: Mr. Green never gave me notice to remove the cattle.' I never heard, that he gave - Mr. "Murdoch notice.' - Mr. Green and his eldest son were there when I took the mob of cattle. -I- know, not if Mrs. Green was there, or if she said, if the cattle were left it would be, withoutsresponsibility. I was not present when the' bullock was' hurt. I saw it ■ a day or two after. Ido not know if Mr. Newton was sent to seejiim. „ About'the 26th February, I went up to drive a mob of cattle : from Mr; Green's. This bullock was in a ditch and we;had to drag him out. The ditch- was on Mr. Green's land. : 'When we pulled him' out lie could scarcely walk' and we had to leave him there. I drove off, the. other, cattle which were in good condition. ■-I never saw the bullock after this, but heard he -was dead; in a paddock next to Mr. Green's. Mr. Green had .been paid before this,- 1 think. •' ■' : ; ; .'- ■ • . ..I .. D. 11. Murdoch: I was partner with last witrfess in February last, and : sent some cattle, to be depastured at Mr Green's at that time. The bullock,' the subject of this action, was one of them, r: On the' 22nd February. Mr_ Green left a memo at my house, stating my large red bullock was -injured by leaping over the stockyard fence, andtbat'lie^wished me to look . at it. I went out and saw Mr Green's son, who told me the bullock had broken out and they tied him up . in the stockyard for the night, and that he got' loose, and in jumping through" the. rails had injured him- - self. I went with Mr Green, jun.,and saw the bullock. It was lying down. After some trouble we got him up. He could scarcely walk, from a large' lump -beneath his belly. Before this I paid Mr Green what was agreed upon. The bullock was ruptured, and was left there. The next time we saw the bullock it 'was dying. Green, jun., came with a pair of bullocks and some men and drew, it from the ditch, it being in. a dying state. We saw it cra wl : through a. fence. .It died.,shortly after.- :I previously .gave Mr Green cash- - and an order for payment which he accepted, for pasturage and cattle bought; we paid the freight also. It was a stupid. thing to tie up a-bullock in a stockyard ali night. - - ■,*.;>■ ,', , To Mr Kingdom I was not present when this bul- , lock was taken' there. I cannot say if Mr Green gave —me notice, in January to remove the bullocks;' I did not take Mr Newton there. I offered to sell the' bul- ■ lock.to Mr Trask before I saw it, , who objected to - buy "him' from the state he was in. I settled with Mr Green long before this. J "Qiink he paid me a sniall sum after this a"s a final settlement. - . Francis Trask : I went with ttieiiist'.witriess on the 22nd February and saw cl 1 bullock lying in Mr Green's . paddock, whielrcould not walk. It had. been, injured, ruptured, by jumping over a fence;' The day before I saw it in Mr Green's stockyard-it was tied up with a rope, rather short, by the head. .As a dealer in cattle I think it was injudicious to tie up the bullock. It was tied up in the usual way. Mr, Green told me it was tied up to keep it safe, because it attempted to get out of the.paddock. I think it; was gross negligence to tie up the bullock in the stockyard. I don't know how long it had been tied up. - To'Mrlurigdon: It was on the,day.of Mr. Stafford's sale in the,afteriiboh. '.I '> : - ' ■' - -- • His Worship said there was very -little to go to the jury. , . „. . . : -• -. ■; - -. - Mr Pitt quoted Addison on Wrongs, to show that the defendant was responsible for" the safety of 'the I cattleplaced .under his care." •//. . , ■■'■•: His Worship said he;. would not. stop the case, onwhich" ; Mr lungdoiiWat'e'dthat his defence would be that his client had., from the commencement disclaimed all responsibility, notwithstanding which he had used more than due diligence.;-. ;> . Mr. Green : I recollect seeing the buljock, when;!," returned from f lic Wairaii. This .bullock got out. I saw him attempt to leap." the fence and hung on it in- ; doing so. It was a three railed fence' oh a sideling, and he stuck on. the top rail." "l split the post, let,. - down': -the'' rail, and he' walked' away. " "Next day he.r - appeared : a little_ swelled. _He was tiedjup to..pre.v.ent - ■ his poking" "tlie"~c6wsf during .milking .and .whilst. l. io inform plaintiffs- 6f the; circumstance. They '- 'were not at home and I left a letter. Messrs. Murdoch /.arid Trask came next day. . "TheVfprmer^told me .he .'j-hadi been to'sVe'iire "bullock with'.^rr.'-NewtonVthat ' he would soon get better and hie ; - would not sell him. r I th'en'ltt.hini. loose in the paddock' again!" ' Tlie bul- 1 r-lock' was in 'good conditiph-wJien'hewjis'iri-the stock

yard, where lie remained abouia couple of hours.' I had alien of £80 on the bullocks. I saw this one to the 25th !or 26th/ he could move about arid graze ', well enough. I- don't know haw the bullock got into the ditch: The cattle , were driven away about ' six days alter the accident. I missed the bullock, and other cattle, a day or two after, the posts^and. rails . : havingrbcen. pulled up. - 1- think the final; settlement was in March. I came to prosecute them -for, stealing my cattle, and ;Mr. 'Kingddn paid' me the money. Every care was taken of the cattle because they owed me £80 for them. .-,",' ■ - ; To Mr. Pitt : I frequently tie vp 1 my cattle, whether wild or tame. It is not. a, dangerous practise. This was a quiet working bullock, only he poked the cows. I did not send for Mr/ Newton that day, although he did some work for.me. Mrs. Green: I recollect the plaintiff bringing some cattle, in February .last, during the absence of Mr. Green. I told them if they left. the. cattle I' could not be responsible for anything that happened to them. They said they understood that. •' : ' To Mr. Pitt: It was. whea.Hr. Moray brought the first and second lot of cattle, but I: can't remember dates. I can't say how many times tney came; they came frequently. I don't remember, if - Mr. Jenkins was present on this occasion. .'. . '. , ... - Mr. Kingdon replied on the facts of the case, and contended the defendant, instead of being chargeable with negligence, had acted in ithe most careful manner.' Mr. Pitt again. urged the contrary, arid affirmed he was entitled to recover, as there was no excuse for tying up a quiet bullock. in, a stockyard; and keeping himwithoutfood. He relied' qhjtlie authoriEy_.previously quoted. , „ '-- •• .. — The Magistrate said he did riot consider the authority was applicable to the "present case. ( It appeared that every reasonable care and attention -had. beea. . shown by ' defendant. 1 The animal' was in good condition and was tied up for two hours only. The defendant was not responsible for the' injury caused, by -the bullock leaping over a r 'fence.. It appeared" that the action was : only ariafterclap on the .part, of the plaintiffs, who were attempting to rriake stocks out of it long after the accounts .had', been Avbund. up'. '■.' Taking a common-sense view-of the case,"it could not ' be shown that there had been any w^a.nt. of attention ' on the part of Mr Green; who was consequently', entitled to a verdict. ■._■;■:- : - ■■>■■■ > - ■ D. Moore v. D. B. Huddleston. This was .a claimof £22 18s 9d, the amount paid by' mistake! on. the. occasion of the sale of defendant's goods,, the amount- ■■ belonging to Mr Thomas.' ' The .defendant" admitted ; . the claim and asked for. time.,. Judgment' was given for plain tiff for the amount clairned,lto .be_paid.in_l4 days. Mr H". plain tiff. ~-. • . A disputed account case of 'Gore v. Hooper & Co. was withdrawn, to/ enable the- : parties to amend the accounts. Mr H. Pitt for plaintiff, Mr H. Adams for defendants. " *"..'. _ William Mills was fined 10s and costs for drunkenness:"' '''•'■ . .. .. .

Mr Oswald Curtis has followed the timehonored practice of publishing an address to the electors, in which .he o&ers- himself as a candidate for the office of Superintendent} and promises to visit the various electoral districts, so as to give the whole constituency an opportunity of -learning his views; on the subjects which most interest the electors. In the meantime Mr Curtis does not leave the electors in the dark as to his. views respecting a number of subjects of \ vital interest to the province^. :He will cany; out the"* policy' of the present" Superintendent -in. reference to the - goldr fields. ''To develop the mining resources of the western district he will support the projected railway from Nelson to Cobderi arid Westport, and devote his energies to effect an object on the accomplishment of which he considers the prosperity of all classes will depend. He will .do his utmost toicarryinto execution a number, of public . works that are much wauted in Nelson, such as a patent slip in Nelson harbor, the introduction of a' pure water supply for the town, and port, and the erection of bridges over the Waimea and Hu'ruimi rivers. He refers to . liis past .conduct in reference to the' coal-fields : of ithe proviuce,' in . proof of .what steps he would be likely to take in future if the people: , elected him to the position he now seeks to : fill. : It' must be- admitted that Curtis has published a most attractive programme, and I. if his performance, should he be elected, ■should correspond ' at all to it,' he /would t deserve not' only : the thanks pf ( the community, but he could notl.fail> we should think, to. secure ,'the admiration of posterity.", 'Nothing less than amon.ument.av/aits theSuperintendeut who will give us railway, water- , . works, (patent ; slip's,- and- a ; coal -monopoly, \. , blessings that will inaugurate the golden .age ' ) .of Nelson prosperity. Now that one' candi-., date for the Super intendency has published \_this most liberal program me,,, he will most likely be followed" by; otjiera who", will bid for • pojiuia^ favor, ahjdlJmprove'iba^tHe-Jiberal- - protnjses. we jhave; referred: to. -..The office is ■• ;. such an 'important one,' that we shquld deeply regret 1 - the election passing over without

calling into requisition all the available talent of the province. Doubtless the address of Mr. Curtis is merely "the precursor of similar ones from the. other candidates who are known to aspire to the position, but whose modesty has hitherto prevented them from telling the electors what good things are in store for them if they honor the candidates with their vote and confidence. The very thought of enjoying the numerous blessings referred to. by Mr. Curtis, has doubtless ere this, prompted many a despairing elector to give him an affectionate embrace, but as there is a possibility that other aspirants to the Superintendency might out-bid him in the claims to popular favor, they will think it prudent to repress the fervor of their first impressions in order to secure the advantages which competition is sure to bring. It appears by telegams from Wellington, that the difficulties have been got over, in reference to the purchase of the Manawatu lands. Dr., Featherston .having been appointed arbitrator between the conflicting tribes, awarded £15,000 to the Ngatiapa aud Rangitane, and £ 10,000 to the Ngatiraukawa. It is expected that ere this,- the money has been paid. The following is the result of the firing of the Richmond Company, at 200, 300, 400, and 500 yards, for the prizes offered by the Provincial Government ; the scores beiug of those who made 30 points and upwards : — .

This evening the anniversary of the Union Chapel Sunday School, Hardy-street, will be ' celebrated by a tea meeting, and a. public meeting. At the latter the children Will recite .pieces, and receive the reward to iwhiph they may be entitled.. It is expectedithatinr.! teresting addresses will 1 be delivered by several friends of -education, and the importance of the occasion will doubtless secure a large attendance. Sermons were preached in behalf of the same object, on Sunday last, by the Revds. Messrs^Kirk and Calder. Referring to the ; proposed West Coast railway the Press remarks as follows :— We shall be tokl-that great schemes for the construction of railway works on a large scale, are on foot, aud that- fresh loans will open,, new fountaius of Government wealth, which will descend' in fertilising streams over the Province. On this subject we have often declared that we see no practical limit to which a country may not borrow — but one ; and that is the point at which the investments in whichthe borrowed capital is expended will. not pay the interest on the debt. "No scheme, we are persuaded^ will ever again be looked at by the public of this province, or at all events, by the General Assembly, . which does not offer a high' probability of this condition of remunerativeness being fulr filled. We should regard with the most anxious desire to favor any proposal to carry . a railway to Hokitika, if it can be shown that the work will pay an interest on the capital, or even such part of the interest as will leave the remainder - only a tolerable, burden on the province^ Nelson has adopted apian for. the construction. of a. railway to Greymouth, which will, at all events, relieve the province from all possibility of loss ; but it remains to be seen whether the offer of 10,000 acres of land for every mile of railway made, will,' considering the character of the country, be bribe sufficient, to induce any contractor in Euglaud or the colonies to undertake the work. A railway from Hokitika to Christchurch would be one great part of the great line which will one day run from north to south: of the Middle Island, and which we know must .pass, from kelson to. Dunedin by . Hokitika • and . Christchurch .>■ There is every inducement to; undertake, .the work if we can see.bufway-tothe^ financial result. But .in the. present state., of the finances of the whole colony, we confess we are not sanguine as to its .ability to grapple with .these- gigantic' ' under takings;; at all events'for two or. three years. to come.. ,' \ The. Provincial Council of: Auckland has requested' Hns-Honor the Superintendent~»toplace" a sum of £5,000 ' on" ;the ; estimates for $he discover^ of a jbayabl'e gold.

G. Lange ..." 12 10 5 10 ... 37 C. Kearns ... 16 10 8 0 ... 34 E. Kelling .... 15 12 ,4 2 ... 33 GK Snow ... 13 11 .6 0 ... 30 — Snowden... 15 5 8 2 ... 30