SUPREME COURT.—Civil Sittings.

Taranaki Herald, Volume XXXIX, Issue 8759, 22 April 1890, Page 3

SUPREME COURT.— Civil Sittings.

THIS DAY. Tuesday, April 22. — Before His Ilonor Justice Connolly. His Honor took his seat at 10 o'clock CLAIM FOR DAMAGES. Henry Okey 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. It was adjourned on Saturday evening to this Tuesday (morning) when the evidence for the defence was to be • taken.

Mr Barton, solicitor for the defence, called

Patrick Fitzpatrick, the defendant, who said : My land is on the Bird .Road, near Stratford. I bought 35 head of cattle from Mr McGregor. I was employed on the permanent way of the railway at the time. I paid Absalom Jones £1 pe i> quarter to keep an eye on my cattle. Jones lived next to my place. The cattle remained from February 29 to May 20 to my knowledge. I saw them on the latter date. On May 21 the cattle were shifted to the next farm to me ; this was R. O'Donovan's farm. I paid O'Donovan by cheque in advance for grazing them. Cheque produced I recognise as the o»e. He had about 30 heifers and some young cows on his place besidea the 35 steers. Jones was to keep his eye on them at O'Donovan's. The steers had to be taken out on August 15, as O'Donovan wanted to close his paddocks for grass seed. I left the railway employ on August 18, and went up to see the cattle. I found nine steers with the bell brand, two heifers, and a yearling steer missing. That is the first I heard of them being missiug. I did not take much notice then, as I thought they were about somewhere. We searched about for a week, and enquired, but could not find them. 1 then came to New Plymouth, and saw Mr Seffern, of the Herald, about advertising' the lost cattle. Mr Seft'ern made a mistake in wiiting out the advertisement. He took his instructions verbally from me, and made a mistake by putting in 10 steers in the advertisement. Advertisement produced is the one. I also put the matter in the hands of the police. I eventually put notices in Curtis's and Watkins' stores, and in the publichouse at Stratford offering 10s reward. I first heard of my missing cattle on October 8, 1889. I went to Brannigan's, a neighbour, and saw three beasts, one of which was mine. There was P F and the bell brand on the beast. Brannigan sold the beast to Okey. H. Okey paid me by cheque later on for the beast. 1 told Okey that I had lost the cattle. I had several conversations with Okey about the lost steers after I advertised for then). The first time was the day I saw the steer at lirannigan's on October 8. The substince of the conversation was about the lost cattle, and he said he would keep a look out for them at the saleyards, and I said that 1 would reward him. He knew my brand well, as he had bought cattle from me previously. At the latter end of December last young Brannigan came to the farm, and 1 went to Stratford, where I saw Constable Gillespie. I told him one of my beasts was going to Auckland. We saw Mr Winks, and afterwards Gillcspie, Vickers (Manson's) and myself went to Inglewood, and looked at a beast. I saw PF brand, bell brand, and something like a Cor 0 close to the bell. I could not see Manson's brand. The others tried to point it out to me, but I could only see a disturbancefepf the hair. I know by the P F that it was my beast, and when I saw the bell brand I knew that I had got the beast from McGregor. I think on September 26, I sold the 26, balance of the mob of 35 steeis, to Mr Kenah. The beast 1 saw at Inglewood was a steer. I next heard of my beasts in the latter end of December. Biannigan, Moore(a settler), and myself went up to Manson's place. Vickers was at Manson's, and he mustered up all the cattle. I saw P F on one steer there, and concluded it was one of those I lost. The bell brand was on it also, and I concluded it was one of the steers I got from McG.egor. There was JM, with a stroke or half-circle above, on the beast. This last is Manson's brand. I reckoned the beast to be a three- year-old or more. The beast at Inglewood appeared to be a three year-old alto, or o\er. They might have been 3^-year-old. This would conespond with the age of my beasts. 1 enquired of Vickers (Manson's man) how J M came on the beast. Vickers told me they got the steer from Okey. He went by the way the beast was branded. Vickers told me that all they got from Okey were branded on the near ribs, I sent a telegram to Mr AUen, the head overseer for Mr Manson, before I saw this beast. I sent it pfter I saw the beast at Inglewood, I got & repJy. which I gave to Constable GriJlewpio, I Jyjd. tiiiteepie Rto"s wwg tlw tat s&

Manson's. I saw Constable Gillespie, and he told me At tin's stage, Mr Samuel objected to what Constable Gillespie told witness being given as evidence. His Honor ruled that the consequence of j any conversation could only be given, if such conversation were not in Okoy's presence. Evidence continued : Gillespio made certain statements to me. He showed me a document — a statement. This was before I laid the information. I know Gillespie by reputation, which is very good from what I have heard. I believed him to bo telling the truth. I placed reliance upon his statements. I know Vickers, whom I have known for three or four years by sight. I had no reason to doubt his statement. lam 66 or 67, aud my eyesight is not so good as it used to be. I saw no occasion for them to tell mo a lie about the brand on the Inglewood beast. Before I laid the information I saw Brannigan, and he told me something about the brand on the beast at Inglowood. I have known Brannigan since ho was a little boy, and I place rolianco on his word. Moore made a statement to me as regards the brands. I have known Moore 12 or 13 years, and place reliance on his statement, which was mado before I laid tho information. After I heard all the statements, and saw the document (the note Okey sent to Gillespie about the cattle), I laid the information. I had an interview with Gillespie at the Courthouse before I laid tho information. I had conversations with Algie, McCracken, Hayes, and O'Connor also before 1 laid the information. After all this I came to the conclusion that Okey took my cattle, and I laid the information. 1 knew Mr Okey's character as good, b-it from the evidence that Gillespie read to me, and what I heard from the other people, I laid the information. Gillespie read this out at the Courthouse. Since this case come on I went out to Inglewood to see the boast again. This was on Sunday last. Gillespie, Allen, Vickers, (Manson's), Winks, Kenab, and Brannigan went out with me. A man called Jury drove us out. We went into Haworth's, roped, and leg roped the beast. Jury clipped the beast. I saw the bell brand, and a kind of L 0 and P F. I looked for other brands, but could only sue a bit of a stroke before the beast was* clipped. (Left sitting.)