RAETIHI COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXIV, Issue 9396, 17 March 1909, Page 2

RAETIHI COURT.

.At Raetihi, on Friday, before Mr Kerr, S. Ingraft, W. Ingram and . O. H., Inrgam, were, charged, on information of Constable Mcßae, with keeping liquor for sale in a proclaimed no-licenae area. . Detective Siddells appeared for the ' prosecution, and Mr Cohen, or Wanganui, for defendants. Mr Cohen took objection to the charge, which ha claimed could not legally he laid under Section 272. Under that section the prohibited area referred only to native lands, and Raetihi was Crown land. The Magistrate upheld counsel and the case was dismissed. This, we believe, is the second case lately thrown out on a similar point. . > DEFENDED CASES. L. Fetzer, v. M. O’Drisooll,, claim £2l, valne of seven head of cattle. L. Fetzer deposed that on December 21st, 1907, he purchased at auction 21 head of cattle, 12 _to 18months old, bearing O’Drisooll’s brand and earmark. When stock were mustered for branding a few weeks later five steers were missing, and two months later two heifers of same lot were also missing. Plaintiff came to Raetihi sale yard at February sale and saw five steers and two heifers corresponding to missing cattle entered for sale, fendant denied they were ' Fetzer s cattle and refused to give them up. Henry Hansen and WilliamJDavidson gave corroborative evidence. _ M. O’Drisooll, defendant, deposed that he sold 80 head of cattle iricluding 163 mother ted ones, to Walker. The five steers sold in the yard were motberfed, also the two heifers, which were 18 months, old, Fetzer accused witness of selling a heifer belonging to him. One heifer sold to Fetzer bad returned home, hut was turned into Rangatawa Lakes Reserve. Henry Smart, in the employ of O’Driscoll, gave evidence as to the age or the cattle in question, also in regard to the transactions between O’Drisooll and Fetzer, and between same and Walker. Had helped O’Driscoll brand and earmark his stock for several years. > George Walker, stock agent, also gave evidence as to the purchase of cattle from defendant, which were described by defendant. Remembered Fetzer claiming cattle after George Bolton also gave evidence as to age of cattle offered by defendant for sale. , t . Mark William Hoddle, batcher, deposed to buying some cattle of ' O’Driscoli’s at sale. They were from 18 to 20-montha old. Had 50 year's’ experience with cattle and could tell the age to within a month or two. Saw no brands on hides. Frederick Kyte, in employ of Hoddle, deposed that he killed the two beasts bought by Haddle. He saw no brands. Hides bad been since sent away for sale. Plaintiff was non-suited with costs. , , ,/ Judgment for plaintiff by default was given in the following peases:— W. West v. Abbott and x Proude, £4 12s 6d, costs £1 18s; Bennett and Punch v. Abbott and Proude, £49 Ba, costs £3 6s; Riley and Go. v. Abbott and Proude, £4 3s 2d, costs £1 13s; Henry Hansen v. O. Benjamin. £1 17s Id; A. McGarry v. E. Keegan, £5 2s, costs £1 14s; Raetihi Dairy 00. v. A. J. Gibbs, £6O, alleged breach of milk contract, costs £4; R. H. Wyohe v. H, Ward, claim for costs 7s.

In a judgment summons case, Wanganui Supply Company v. W. Higeins, no order was made.