“BUSH SICK" LAND

Taranaki Daily News, 10 December 1926, Page 9

“BUSH SICK" LAND

THE HEARING CONTINUED ALLEGED MISREPRESENTATION. EX-TARANAKI FARMERS INVOLVED EVIDENCE IN COMPANY'S DEFENCE (By Wire —Special to News.) Hamilton, Last Night. Evidence for the defence in the case in which a number of erstwhile Taranaki farmers, now of Matarawa, are suing the Matarawa Land Company for damages for alleged misrepresentation was continued in the Hamilton Supreme Court to-day. John Campbell, manager of the company’s Matarawa property, said he knew nothing of the 500 cattle out of 1000 dying. The earlier settlers had little trouble with their eattle, and it arose chiefly through bad farming. The remedy for this sickness was to cut the areas, keep the grass down, and lay on water. After the first lot of settlers left, the areas were further sub-divided, and a new crop of settlers came along. When Rogers first visited the place witness told him of the cattle sickness. He told every prospective settler all about the land. Ten settlers were now in their third season on the property, and the output of the factory had increased from 55 tons to 210 tons in five years. The cheese manufactured there had graded on two occasions the highest for the Auckland province, and once for the whole Dominion. His conscience was quite clear that he had told the settlers the whole truth about the place before they bought. Mr. Hampson produced an auction sale poster and asked if any steps were taken to acquaint the auctioneer of the sickness or to warn persons attending the auction. Witness replied: I did not; neither was the subject mentioned on the posters. He told Rogers all about the sickness, and said it could be overcome by the application of proper methods. Rogers and quite a number of the Taranaki farmers neglected to carry out his instructions. STOCK RECOVER WHEN MOVED. Witness admitted that he had from time to time removed sick stock to Putaruru, where they recovered. It was untrue that McDonnell asked him why Nicholls Bros, went out. The settlers who had walked off had nothing like the amount of sickness which they made out, and the present settlers were well satisfied. It was difficult to rear calves on whey in Taranaki; they probably reared them on whey with the addition of artificial food. William Augustus Limbrick, land agent, of Manaia, who acted as Taranaki agent for the defendant company, said that in 1924, as a result of a talk with a farmer named Henderson, he interviewed Rogers and talked about the Tokoroa land with him. Witness suggested that plaintiff should see James Walker, who resided in the district, and whose family had been up and seen the land. Witness told him there was clover sickness at Tokoroa and said that after plaintiff had seen Walker he would take him up to Tokoroa and let him talk with Henderson and other settlers there.

Witness took plaintiff along to see Walker, and following that interview Rogers went up to Tokoroa and heard John Campbell, the manger, talk to the plaintiff about cattle sickness. Campbell pointed out several cows which he said had had clover sickness. Witness did not remember what Rogers said. His Honour: Was Rogers made fully aware that such sickness existed?— Yes. It was known that there was sickness, witness said, and it was well known throughout Taranaki that there was cattle sickness at Tokoroa. Campbell had said that to deal with the sickness it was necessary to have shelter and to keep down the feed. Rogers met most of the settlers and had opportunity of speaking with them on the trip back to Taranaki. With Rogers and J. Walker they stopped for lunch, w’hen Rogers asked Walker senr. how he liked Tokoroa. The latter replied that it was fine. Rogers then asked: “What about this cattle sickness?” Walker had replied that there was little sickness, adding that he had had one or two cattle sick, “but where you have life you must have death.” Then forcing his stick into the ground he said: “I would not go back to Randwick if you gave it me rent free, and that’s God’s truth.” Rogers paid a second visit to Tokoroa two months later and bought a section. Witness saw Rogers frequently at Tokoroa, but plaintiff never complained at any time of bush sickness or misrepresentation. AGENT’S NEGOTIATIONS. Cross-examined, witness said he was first approached to take up the agency for Tokoroa land by a firm of Hawera agents. He was allowed expenses at the start as well as commission. He first Visited Tokoroa in 1923. He did not learn anything about Bates, but heard that Nicholls Bros, had left their place. Campbell told witness that there had been clover sickness in the district, but it did not appear to witness to be a serious matter, although serious enough to warn prospective purchasers about. On his return to Tarnnaki witness saw the W’alkers, Townsend, Newport, McDonnell, Allen and others. He took with him figures, photographs and printed pamphlets. There was nothing in the printed matter about cattle sickness. He explained to the farmers the advantages of shifting from Taranaki to Matarawa. Mr. Hampson: You received a letter from a man named Finney, who had settled at Tokoroa, who described the talk about cattle sickness as bunkum? :—Yes. And you carried this letter about with you a good deal when you visited other prospective purchasers?—Some of them. Mr. Hampson: For the purpose of reassuring them in case they asked any about eattle sickness? —No. J. B. Campbell explained to Rogers on the Parade at Napier that there was clover sickness on the place. Mr. Hampson: Well, Campbell has sworn that the sickness was not spoken of at that interview. Which of you is telling the truth?—l don’t know. (Laughter.) James John Walker, formerly of Ohantgai, Hawera, said Limbrick brought Rogers along to see him regarding the Tokoroa land. There was a general conversation and then Rogers and witness had a confidential chat. Witness told Rogers that he considered the Tokoroa land was sound. Rogers stated that his capital would amount to between £7OO

and £lOOO, and asked if this would give him a start. Witness said that from what he heard from his brothers and father the Matarawa Company would probably give him a start with this sum. He also advised Rogers which section to buy and mentioned that there were certain drawbacks, as there was supposed to be sickness. Mr. Finlay: Did you get any consideration, either from Limbrick or the company for your part? —Not even a cigarette. Witness said he had no interest in the company. Cross-examined, witness said he was interested in his late father's estate at Tokoroa and still had faith in the land. He admitted there had been sickness on his father’s place. John Frederick O’Connor sflid he visited Rogers’ place in company with Limbrick in July of this year. The cattle on the place were worth about £l2 each. Witness asked Rogers if he had had any bush sickness there, and he had replied: “None as yet.” “SATISFIED WITH LAND.” Harry Atkinson Stott said be also visited Rogers’ place in company with Limbrick in June of this year. He stated that Rogers said he had had no sick cattle, but expected to have some. Bayton Walker, farmer, of Tokoroa, said he had farmed 146 acres there since the spring of 1924. He had 56 eows in his herd at present. He was quite satisfied with the land, which he considered excellent dairy country. He had been told by an agent of bush sickness in the country, and had been warned to top-dress heavily. He had a few losses in the first year, which he attributed to insufficient food in the winter. The land compared very favourably with Taranaki and he was doing better at Tokoroa than in Taranaki. He had iecommended his friends to take up sections there. Cross-examined, witness said the company had a bill of sale over his 62 cows for the full amount of the purchase money. Witness denied that when tho agitation for a reduction of rent was started by different settlers he suggested that Mr. O’Dea, solicitor, of Hawera, should be instructed in the matter. Thomas McLaughlan, settler, of Tokoroa, said he went on the land in 1921, which he bought from Clifton, Ltd. Last season he got 50001 b. of butter-fat from 23 cows. He considered the trouble could be overcome by the provision of proper winter feed or by top-dressing. Witness admitted that he told Cairns he was doing the only sensible 1 thing in getting out. John Twinham, formerly a sharemilker for the Matarawa Company from August, 1923, till September, 1924, said he had milked 75 cows and no stock had died or got sickHenry Conn, lonnerly a share milker at Matarawa, said he had milked 58 cows for two seasons and lost none. He worked under Mr. John instructions. He earned more there than in any other district and considered the land "good for dairying. He had nine paddoeks and changed the cattle every day. David Walker, a farmer of Tokoroa, said he went into his property from Taranaki in June, 1924. He remembered Rogers’ first visit. Witness’ returns had been “real good.” He had had no great sickness, only three cows were ill last year out of 36, and one died. The land was tip-top for dairying and he had confidence in recommending it. He was told by Limbrick, Campbell and others before he went on to the property that the land was cattle siek. Mr. Hampson: Has the Matarawa Land Company a bill of sale over your stock ? The witness: Need I answer that, Your Honour ? His Honour: Are you suggesting he is under the thumb of the company? Mr. Hampson: I am, undoubtedly. The witness admitted that the company held a bill of sale over his stock. The case is expected to be finished on Friday.