SUPREME COURT.—Civil. Sittings.

Taranaki Herald, Volume XXXIX, Issue 8758, 21 April 1890, Page 2

SUPREME COURT.— Civil. Sittings.

CLAIM FOR DAMAUES. Henry Okcy v. Patrick Filzpatrick. Mr Samuel for plaintiff, and Mr Barton for the defendant. This was a case in which plaintiff claimed damages for £500 for an alleged malicious prosecution on defendant's information for cattle stealing, which was heard at Stratford, and which was dismissed. He also claimed £39 14s 6d special damages. The defence was a general denial of what was set out in the claim. (Continued from Saturday.) The Court resumed at 2 o'clock, when the evidence of Henry Okey was continued. He said : I went to Mr Manson's afterwards and saw a bullock there with P F on it. This was on February 12, when Messrs Vickers (2), Mohaffy, and Colson were present. An examination was made of the bullock, which I had seen before. [Witness then described the brands as given by Mr Vickors, of Inglewood.] There was a black bullock with TM, 2M, and JM with a half circle over it. The JM with the half circle was on the bulk of the bullocks. One bullock had no brand on at all. By Mr Barton : I got the cattle running on Mehaft'y's farm from different persons, whose names are in a book that will be produced. The cattle were running on MehafHy's for three or four months. I though it wast sufficient to tell the constable in my letter to him that the 43 that made up part of the second mob sold to Manson were got from Al ehaft'y's. Cattle that have been put in a naleyard and sold by me have in ono instance been claimed. This was in the case of Algie. The cattle ' were branded, but I never saw the brand. I assisted to drive the beasts to the yards. There wore 15, but 13 were sold. The cattle came from Mehaffy's farm, but I don't know how they got there amongst my cattle unless they strayed I sent 117 yearlings to 15-months-old from New Plymouth to Stratford on the Saturday, and on Tuesday I drove them to Mr King's yards, and on drafting them I found there were IJS, thus showing I was two short. I thought that the two had got into the i bush, and took no more notice until I got ' a lotter from Mr King saving that I had i taken and sold 13 head belonging to Algie. j It was a mistake in Algio'B cattlo mixing with mine, In driving the mob down I noticed $ fcyyo-ysar-olde. mi I put tbosu

By His Honor : This was a abort time ago, perhaps the latter end of last year. Cross-examination continued : Constable Gillespie asked me from whom I bought the cattle I sold to Manson. I don't know if I gave him any more information than miny letter. I have never quarrelled with Fitzpatrick. I have no reason to believe he has any wish to injure mo except through the laying of the information.

Re-examined : Alg'ie's is the only cabc in which I ever made a mistake. At the next sale I was introduced to Mr Algie by Mr King. Among some of Algie's cattle was a young bull, bought by McQueen, who castrated him, and' [, at Mr Algie's wish, got him another for this ono. The matter was amicably settled. There were dozens of people at the yards, which are quite public.

By His Honor: I saw Constable Gillespie at Stratford in a room in the hotel. Ho asked me if I could remember the people from whom I bought the i-alllc 1 had sold to Manson. I gave him what names I could remember, and told him what I wrote in the letter as regards those at MehalVy's. lie asked for no more information then. Afterwards on the same eveuing Mr King passed me on the road, and asked me to send Gillespie that night a letter with the namos of the people from whom I bought the cattle I sold to Manson. I wrote that night, the letter being tlio one dated January 14 (read in Court). I was at Stratford on January 10, and went again a fortnight afterwards. I heard nothing from Gillespie in the interval. I had no conversation with Gillespie on January 27 if lie was there. I heard nothing more from Gillespie before the laying of the information. I did not tell Gillespie on January 13 that 1 had a book at Stratford containing all the names of persons from whom I bought the cattle. By Mr Barton (through His Honor) : I never had trouble with McCracken about, cattle. _ I never paid McCracken for cattle sold without his consent.

By Mr Samuel: His and the cattle of a person minted McCrackeu got mixed once on the East Road, but there was no trouble about them.

Henry Mchaffy, farmer, living near Stratford, said : I havo a farm of 167 acres near the town. I graze Mr Okey's cattle that have been unsold at Stratford sale. I also buy for him sometimes. I remember Mr Okey selling two mobs of cattle to Manson. The first was in the month of August, 1888, and the second in October of the same year. There was 100 in the first mob, and 130 ia the second. None in the first mob came out of my paddock. I only assisted him in drafting, etc., this mob. After drafting I assisted to brand them. I did not notice any of the cattle with the PF or bell brand. I knew that Mr Fitzpatrick had lost cattle, and he had repeatedly told me his brand was PF. I knew that he had lost cattle with this and the bell brand on them. ■ I kept the raco filled up at the branding, and assisted generally. From the position of the yards the brand was supposed to go 1 on the near side. It depended on the position of the bullock where the brand was. I can swear to one beast that fell down being branded on the off side. Some of the second mob came out of my farm. 43 of the mob came off my farm. We took all the cattle down to Mr King's yards for drafting. We took all we could round up. I can tell from whom the cattle were bought from a book (produced) I kept regularly.

By His Honor: We took about 120 I should say. There were 131 on the farm. The book will show from whom the cattle were bought, except those bought at the yards.

Examination continued : On June 7, 1888, I purchased 7 at Ilawera. [The book wua iioio llo.nilci.l to liis Manor, who row I out the purchases, and took notes of them.] I did not see any beast with a P F brand in the mob. [Witness here gave details of seeing the animals at Haworth's and Manson's, and gave descriptions of same.] His Honor here asked what was the dispute about the brands. Mr Samuel said it was this way: Mr Fitzpatrick bought the cattle witli Mr McGregor's bell brand on them, then ho put on his own P F, and now a beast was found with these and also L 0 on it. Mr Barton said he raised no point at this. By Mr Barton: I have no share in the cattle that are run for Mr Okey. The cattle are Okey's, but I had profits on the margin between the buying and selling prices. This was in preference to charging for grazing. Re-examined: He had no interest except what ho said. By His Honor: He did not receive profits on the price between the buying and selling price of the first mob, only on the second mob. He got only his day's pay in connection with the tivst mob. Thomas Bayly then got in the box. Mr Samuel : You are the largest landowner in the district, Mr Bayly ? His Honor : In what sense of the word, Mr Samuel ? for the gentleman seems to make a very tight fit in the box. (Laughter)^ Evidence continued : I have known Mr Okey for a long time, and have always found him straightforward ; and had known nothing against him previous to this charge. [Witness then gave some information on cattle branding, etc.] I have bought thousands of cattle from Mr Okey during the last three years, cither through Mr King's yards or direct. There were never any mistakes. It was not tho custom to keep record of brands. Edmund Robert Alfred Haworth, farmer near Inglewood, gave evidence. He said: Towards the end of December, 188U, Mr Fitzpatrick asked him to take charge of a bullock that was in Messrs Vickers and Stevens' yards at Inglewood. He took charge of the bullock and had had it since. [Witness here gave evidence as to the bullock and the brands, which were as the other witnesses stated.] As far as witness was aware Mr Okey had a good character. Newton King, auctioneer, stated ho had known Mr Okey for 15 years. Mr Okey did a large cattle dealing business. He had always borno a high character. With the exception of tliia charge of Filzpatrick's lie had never heard anything against his honesty. He knew the Algie matter, which was nothing against Air Okey's character. It was not the custom to keep a record of cattle brands. Alexander Colson said he had had experience in cattle for 30 years, and was head man for Mr King in his cattle connection. He was an expert of brands. [Witness here gave details of visiting the Leasts at Haworth's and Manson's, and gave particulars as to the brands, etc.] Witness had known Mr Okey since a little boy, and had heard nothing against his character previous to this charge. There was nothing in the Aigie incident. It surprised him that Okey did not make more mistakes. Okey had a wonderful knowledge of cattle. It -was not the custom to keep a record of brands of cattle bought and sold. By His Honor : He had novor seen Mr Looney's branding iron. L O was Mr Looneys' brand that he had seen on cattlo. This was the plaintiff's case. Mr Barton, in opening the defence, said the question was whether the circumstances known to the defendant justified him ia taking the course he did. Air Barton then went exhaustively into the circumstances of the case to show that his client had reason to take the course ho did, The Court then adjourned till Monday, tlio further hmriug oi the pwwit cuaa