SUPREME COURT.—Civil Sittings.

Taranaki Herald, Volume XXXIX, Issue 8757, 19 April 1890, Page 2

SUPREME COURT.— Civil Sittings.

THIS DAY.

Satukday, April 19. — His Honor took his seat at 1 0 o'clock. STRUCK OUT. The case, Public Trustee v. G. and \V. Wilson was struck out with the consent o£ both parties. Mr Barton appeared for the plaintiff, and Mr Caplen for defendants. ADJOURNED. C. E. Major v. Nathaniel Johnston. — Mr Barton for plaintiff, and j\i r Samuel the defendant. " ** Mr Barton applied to have the c.ikg adjourned to next sittings, lie intended to have done this before, but a mistake in a telegram caused it being set dowu at this sittings. — Mr Samuel had no objection, and the case was adjourned by His Honor till next sittings. CLAIM FOR DAMAGES. Henry Okey v. Patrick Fitzpntrick. Mr Samuel for plaintiff, and Mr Barton for the defend ant. This was a case in which plaintiff claimed damages for JCoOO for an alleged malicious prosecution on defendant's information for cattle stealing, which was hoard at Stratford, and which was dismissed. He also claimed X3i) 14s Gd special damages. The defence was a general denial of what was set out in the claim. On Mr Samuel's application, Constable Leahy, Clerk of the Court at Stratford, put into the Court documents in hia possession n-laling to the case. On Mr Samuel's applicati >n all witnesses were ordered out of the Court. Mr Samuel then opened the case, and called Edward Vickers, auctioneer at lng-le-wood, who stated that he had been accustomed to dealing aud selling cattle for H years. He remembered towards the middle of January last a steer being in his yards at Inglewood. He made a careful examination of the steer afterwards at Mr Haworlh's farm, two miles from Inglewood on February 10, Messrs Okey, Colson, and Ilaworth were present at the time. The steer was a sort of light strawberry roan. He found P F on near rump, and a bell brand, and L O en the off rump, the O in the latter encroached on the bell. He carefully searched for other brands ; there were none. Two days afterwards he went to Mr T Manson's farm, where he saw 50 or 60 bullocks. The man in charge pointed out no particular best but he saw one beast which drew his attention. He examined the beast, a red one. There was PF on near rump, and a bell brand on the off rump. .There was an M and a sort of half circle he thought on the near ribs. [Mr Samuel at this stage said that it was agreed to put in the certificate of the Registrar of Brands showing certain brands.] The M and half circle was consistent with the fact that Mr Manson's complete brand, J before the M, might have been there. Mr A. Colson was present, and so was Mehaffy, and Vickers, who worked for Mr Manson. Mr Okey was a few chains away. They went to both places to examine at Mr Okoy's He went to Stratford to give evidence for Mr Okey. He was not called. He was sure tllat all Mr Malison's bullocks had not his brand ; one bullock they examined had no brand. The bullocks wore branded alLways. He had resided off and on in the district for 15 years. He had known Mr OlSey by name ever since he came here, and-porson-ally for the last 4 years. Mr Okey js a stock dealer, and does the largest trade in the district. His character was that of a straightforward man, and he had never heard anything against it previous to the charge against him.

By Mr Barton : He heard that his name-, sake, Vickeis, and Constable Gillespie had sworn at Stratford that the beast at Inglewood was branded JM, with a bar over. He might have said Mr Okey was his friend in company the previous night, and if he did he only expressed what he felt.

Re-examined : He never . visited Mr Okey's house, nor Mr Okey hia house. They only met as business men.

His Honor at this stage took a note of the papers put in and agreed to as read. The evidence of Patrick Fitzpatrick in the lower Court was here, however, read by His Honor, who pointed out that the case for the plaintiff was to show want of grounds by the defendant for the information. George Capper's evidence in the lower Court was also read.

A question hero arose as to the reason for fixing on October 28, 1889, as the date for stealing the cattle charged against H. Okey.

Mr Barton said the reason was that the plaintiff had a sale to Manson about that time.

Mr Samuel suggested that the other depositions for the prosecution should be read.

Messrs Kenah's, E. Vickers, J. Brannigan'a, Brannigaa's (juni). Whiles', Constable Gillcspie's, and Allen's depositions before the lowoi Court were then road. Henry Okey, the only^vitness for the defence in the lower Court, then gave evidence. He said :'"I am plaintiff in this action. lam a farmer, and have ai'reehold farm on the Frankley Road, within three miles of New Plymouth. I was born in the district, and have resided here ever since. I also deal in cattle. My ordinary average in buying and selling for some time past . has been 100 per week. I know Mr Fitzpatrick, and have bought three lots of cattle from him. I have known him for about three years. Fitzpatrick's farm is 3i miles from Stratford. I have bought perhaps GO or 70 and 30 head from him on these occasions. I know Mr Manson's run, about three miles up the Pembroke Road, and about seven miles from Mr Fitzpatrick. I have sold Mr Manson two lots of cattle privately. Other lots I have sold through Mr King, auctioneer, at Wai^kaibo, to Mr Manson. The two lots sold privalefy were on August 28, 1888, and October 24. 1888,-sce*«> tively. They wore mobs of one h\\sgd and one hundred and thirty, and Ivorc composed of steers. I bought 130, and Mr Allen, Mr Mansou'a manager, had the pick for the first lot. I bought 25 from Toolier, 35 from McQueen, 18 from Bate, 2 from Jones, 2 from Wingrove, 18 from Hans, 2 from Morrison, 8 from Mr. N. King's sale at Ngaire, and 20 from Ferris. These made up the 130, which I brought up to a paddock I had near Stratford. They were delivered there. These lota I made up from my cheque book, with the exception of Ferris' lot. Ferris bought the balance of the lot, and paid me back with my own cheque, which does not therefore show. The whole lot were taken to Mr King's saleyard at Stratford, and Mr Allen then selected his 100, and the balance were put back in the paddock. I knew Mr FitzPatrick's brand, and previous to this I had learned that Fitzpatrick had lost cattle. I did not notice his brand on any of these. The 100 sold to Allen were brandei, and I assisted him to brand. They were 2to 2Ji eartj steers. The brand put on was J M and a half-circle over. They branded from the near Bide, but they were not particular as to what part of the carcass they put thg "Tund on. X did not notice the P F brand tf tfUßpatnak. op. any q£ fho steers dwijiff ■by epamtfcjasi I woyia not ]j^ j# wf

that all wore branded on the near side, as a beiist could turn round in the race. Messrs Vickers and Mohaffy wore also present, aud people would come ami look onoccasionally. The steers were taken by Mr Allen to Mr Maiison's farm as stores, and would have to be kept 18 months before they would be tit for sale as beef. The single steer I bought from Fitzpatriek had nothing to do ■with the lot sold on October 24. The second lot of 130 I sold to Manson were picked by Mr Allen from 17G. They were put in a small paddock near the hotel the day before the sale. They were delivered there by the, following 1 persons: 72 from Taylor, Ngaire; 18 from Wingrove, 7 from Mayonberg; the balance were drafted from a balance of 180 head I had running at Mehalry's, which is a farm on the borders of the township, containing about 150 acres. The cattle were at Meliaffy's farm grazing, and were in his charge. Mehaffy and I mustered them. 79 of the best were picked out. This lot in Mohaffy's were all tail docked. Ido not brand cattle; I buy and sell. I sold the 130 to Mr Allen on October 24, out of the 176. They were taken to Mr King's yard at Stratford, and were branded like the first lot. I did not notice any of these with the P F brand on them. I know a great many settlers' brands. I never make a record of brands on cattle I buy or sell. The first lot I think I sold forr£_ 12s 6d, and the second lot for £2 17a Gil a head. I never knew a persou in cattle dealing take a note of brands. If I had noticed Fitzpatriek's brand I would remember, as I heard about his loss. Fitzpatrick made no application or communication with° me before ho laid the information against me. Mr Fitzpatrick was the first to tell me that the information -was laid. He told me at Stratford that ho had just laid it. I was at Mr King's sale the other Thursday before, and saw Fitzpatiick there, lie had made no enquiries of me up to the date of the information, but seemed to stand aloof while the enquiry was going on. Subsequently I saw a bullock in Messrs Stevens and Vickers yard at Inglowood. It was a strawberry and roan. This was in January, before the information was laid. I saw the same bullock again at Mi Haworth's three times, the last time being on February 10, when I took Messrs Vickers and A. Colson with me. I took them both with me as experts. We yarded the beast, and got him in a race, and searched for brands, and Mr Haworth threw water on the bullock to fetch out any brands. P F was found on the near rump, and a bell brand on the off rurap, on which was a- L 0 brand also I had previously examined the bullock at Mr Haworth's. They searched the bullock all over without rinding any other brands. The Court, at this stage, adjourned to 2 o'clock.