DISPUTE ABOUT A HORSE.

Poverty Bay Herald, Volume XXXV, Issue 11249, 14 April 1908, Page 5

DISPUTE ABOUT A HORSE.

WHO IS ITS OWNER?'

The ownership :of a particular horse which played an important part in a Supreme Court prosecution at the recent sitting, presents an? interesting conundrum. A phase of the question came before the Magistrate's Court this morning. In February last a mah hkmed Johnson was charged ... with, .. stealings a horse at Wairoa. Tlie animal had been sold to a person -named Peakman,' who rode it to Gisborne and handed it over to the police for the . purposes of the trial. To 'save expense., the horse o was given for safe keeping to George Smith, of Gisborne, who claimed ownership, and that he had only loaned it to the accused Johnston. The jury acquitted Johnston of horsestealing, and the horse still remains in. Smith possession. Peakman has now proceeded against ex-De-tective Maddern, -vvho ; had charge of the horse-stealing case, for, £B and £2 damages, or the recovery of the which he claims he purchased lawfully from Johnston, the acquitted man. At tiie Magistrate's Court this, morning Mr Ji Blair,; counsel fpr plaintiff, Frederick Charles Peakman, of -Wairoa, stated that on March 2," on , the acquittal of the accused Johnston,' plaintiff applied to Detective ' Madderri for the horse, but the latter said that he could riot get it as it had. been delivered to Smith. The horse was originally received from plaintiff, .or at defendant's request it was left at ! the stables to be held by the police till after the trial. Up' till the announcement of the verdict of the jury defendant held the horse. The result of the verdict, he contended, was in favor of plaintiff, iipon; that the ownership must be decided.

Mr T. Alston Coleman,, for def endant, called William Maddern, who stated that on February 5 last he was a detective of police stationed at Gisborne, and remained in that position until March 8. The first ■ week., in February he arrested a, man named Jiolniston on a charge of hoiscsteaiirig.' /' He did not seo the horse in question ;until after the Supreme 1 Court session. .When he arrested Johnston, which, he did under warrant, the police at Gisborne wired the police at Wairoa -to summons plaintiff to produce the hot'se and appear at Gisborne before the Court. Word was left at the statipri by /plaintiff that he had left the /horse at the Railway Stables, and he told Geo. Smith, who claimed lhe horse, to go and see if it was the right animal. Smith swore in the Court that it was the horse he loaned Johnston. Plaintiff was present in Court and heard the evidence. After Johnston was committed for trial he told Smith to get the horse .and keep it, till the Supreme. Cpurt trial, ..which would thus save the Police Department 6s a day. The horse was not produced at the Supreme Court trial.,; •; Recused was acquitted. Plaintiff, on accused's committal for trial previously, asked for permission to ride the horse; back to Wairoa. Witness_told him. he could not, as he was allowed" 9d per mile, and the horse was an exhibit at the Court. When Johnston was acquitted he asked the Crown Prosecutor to make an application to the Judge for the disposal uf the liorse. Mr Nolan advised him to allow Smith to retain it. The liorse had originally been given to Smith to hold for the police, and the arrangement was not yet terminated. No receipt was taken from Smith. Plaintiff had never made a demand on him (defendant) until the issue of the summons. Whatever he did in connection with the horse waa in execution of his duty as an officer of the police. By Mr Blair :, He had received no letter from Blair and Sainsbury on the matter. Several of his letters had gone astray and some had been opened. He could not deny having seen plaintiff and might have seen him and told him to leave the horse at the Railway Stables. Smith claimed the horse, and he understood plaintil also claimed the horse from Smith. He did not take it upon himself in view of tliis adverse claim to hand the liorse over to r one of the claimants. It was done weeks before, after the committal.

The case stands adjourned till the 30th inst., meanwhile plaintiff's evidence will be taken at Wairoa.