TAIHAPE

Wanganui Chronicle, Volume 75, Issue 178, 30 July 1932, Page 3

TAIHAPE

j TRESPASSING ALLEGED ' DAMAGES CLAIM I’AiLS I At the Taihapc Magistrate’s Court on Thursday Tengu Kingi (popularly known as Kingi Topia), and his brother. Pehira Kingi, claimed £lO damages from William Charles Gregory, of Taihape, for trespassing by defendant on plaintiff’s land at Turan gaarere. Plaintiffs alleged that Gregory had put cattle on their property known as “Motukawa” in March of this year without their permission. Defendant told the Court that the plaintiff. Pehira Kingi, had granted him a lease of a section of “Motukawa” and he had put cattle on the section, only to discover a few days later that Pehira Kingi had leased the same section to Cornelius O’Hanlon two days before he had given Gregory a lease of the section. When defendant signed the lease he gave Pehira Kingi a cheque for £5O, being six months’ rent, but on discovery that the section had already been leased to C. O’Hanlon he stopped payment of the cheque and removed his cattle from plaintiff’s property. The magistrate (Mr. R. M. Watson), believed the evidence of defendant and gave, judgment for Gregory accordingly. Counsel for plaintiffs said that defendant owned land opposite Kingi Bros ’ property at Turangaarere. Plaintiffs’ property at Turangaarere. known as “Motukawa,” was divided into two separate sections, one being owned by Pehira Kingi and the other by his brother, Tengu Kingi (Kingi Topia) Pehira Kingi stated in evidence that his section of “Motukawa” consisted of 354 acres. He admitted that the boundary fence between his section and his brother’s had not been comnletcd. C. O’Hanlon had certain grazing rights over witness’ section and had paid up to the end of May for grazing. On March 2 witness gave Mr. O’Hanlon a lease of his section for 21 years. Two days after signing O’Hanlon’s lease he granted Gregory a lease of the same section. O’Han lon’s lease had been confirmed by the Native Land Board. His brother. Kingi Topia. Mr. Kincaid, and defendant were present when Gregory’’’ lease was signed. He understood that the lease to Gregory would start from the time it was confirmed by the Native Land Board. He made no arrangements for Gregory to put cattle on his landWhen he heard that cattle were there he advised his solicitor to send a man up to drive the cattle off. To counsel for the defence: My brother and I each had our separate piece of land. I did not tell Gregory lhat I had signed a lease to O’Hanlon. I received a cheque from Gregory for half a year’s rent; amounting to £5O. Counsel: Gregory said that the lease was for his son, Harold, did he not? Witness: No. Counsel: Why didn’t you tell Gregory about the lease to O’Hanlon. Witness: 1 didn’t see any use in telling him. Counsel: You took his cheque for £5O though. Witness: The cheque’s no good. Payment was stopped. Counsel: 1 suggest that you tried to swindle defendant for half a year’s rent.

Witness: It’s all right. There is no swindle. I received his cheque. It’s just a matter of competition for the property.

Counsel for plaintiff: According to Maori law no lease is binding until it is confirmed. I have known cases where a Alaori has signed three leases in respect of the same property in one week. It’s not looked on with disapproval by the Native Land Board The fact that my client signed O’Han lon’s lease docs not debar him from signing six other leases in respect of the same property if he so desires. The magistrate: I don’t think *n honest man would do that.

Tengo Kingi (Kingi Topia) gave evidence to the effect that his share of “Alotukawa” comprised about 33 acres. In March of this year Air. A. Aforris, of Utiku, was given grazing rights over plaintiff’s section for four months —from Alarch to July. Witness never gave Gregory rights over the land or permission to put the cattle there. “I asked defendant about the cattle being on my property and he said that he was putting the cattle (154 head), on to my brother’s land and that it was necessary to pass through witness’ property in order to reach that of his brother, Pehira Kingi He was present when his brother signed the lease to Gregory. Nothing was said about Gregory put ting cattle on his brother’s land. The first, intimation that witness had that cattle was on his (witness’) land was. when he heard the dogs barking. Counsel for the defence. Didn’t you walk along with Gregory and help him with the cattle.

Witness: T didn’t go with Gregory to help him. I went to see where the cattle wore put on my property with my permission. I would not have consented because I had already let the grazing rights to another man. When I discovered the cattle on my place I instructed my solicitor to have them removed. Aly brother sent a drover to muster them. I didn’t see defendant, but I. saw his son. T told Gregory junr. that he had no right to drive his cattle on my property. Aly brother sent a drover to muster the cattle from my property and his. The cattle were on both properties. A total of 154 were mustered off both blocks and were put into a holding paddock. Counsel: Did you tell Gregory when he came to remove the cat!lo that you wanted (from him) a “top” hat and a trip to Sydney? Witness: No 1 asked him to pay for grazing and he said that he would pay when the magistrate said that he must. Sydney White, drover at Aina-

whango, said that ho had mustered the cattle on plaintiff’s properly. C. O’Hanlon stated that he had gtazing rights over Pehira Kingi’s section for twelve months. He kept the cattle in the part he leased from Pehira. Counsel for the defence asked thai the case be non suited or dismissed on the following grounds; (1) That the plaintiffs each owned a separate block of land and could not take joint action against Gregory, but had to sue separately. (2) As there was no complete boundary fence between the two properties no action for damages could succeed because the land was un fenced. (3) Plaintiffs had sued the wrong defendant, the lease having been granted to Harold Gregory, son ot William Gregory. (4) Defendant was given permission to put the cattle on plaintiff's property. Counsel said that it was obvious from the documents that Pehira Kingi had leased his property to Haloid Gregory, sou of defendant, and any arrangements made by defendant wore made for and on behalf of his son. T. C. Kincaid, solicitor practising at Taihape, stated in evidence that Pofiira Kingi had at first refused to sign the lease to Harold Gregory, but three days later had consented, whereupon defendant, gave him (P. Kingi), half a year's rent. Gregory wanted to pui the cattle on at once and Pehira Kingi agreed and arrangements were made accordingly. Kingi Topia was there when the lease was signed.

To counsel for plaintiffs: O’Hanlon’s lease was confirmed by the Native Land Board. Pehira Kingi was present at the time and told the Judge that he wanted O’Hanlon to have the lease.

Counsel: If Pehira Kingi had de dried in favour of Gregory, 1 suppose Gregory would have secured the lease Witness: Yes, I think so.

William Charles Gregory, defendant., in giving evidence, said that Pehira Kingi had told him that nobody else had a lease of his section. “He said I could put the stock on as soon as I liked, and so my son Allan and I drove 154 head of cattle along to his place on Sunday, March 6. We had to cross a bridge on Kingi Topia’s place to reach his brother’s place, and while we were driving the cattle across Kingi Topia said: “Don’t put the cattle on my brother s place to-day, as you will interfere with some grass seeders who have not quite finished their work. Leave the cattle on my place till Tuesday.” He told me where to put the cattle apd I carried out his instructions. L was assisted by my son Allan. I told him 1 couldn’t remove the cattle till Thursday, but when 1 heard about O’Hanlon’s lease 1 spoke to Kingi Topia and he said: “Put the cattle on my brother’s plaeo. I wd) see that you get the lease.” I moved the cattle on Wednesday, I stopped payment of the cheque 1 had given to Pehira Kingi. When I went to get the cattle, which had been moved into a holding paddock, 1 saw Kingi Topia and he wanted payment for grazing. He said ho was going to Sydney for the opening of the Harbour Bridge and had bought a long tail coat and “top” hat at a total cost of £l6, which he wanted me to pay. “1, of course, refused,” declared defendant. Counsel for plaintiffs: It seems strange that Kingi Topia was quite friendly with you one week and unfriendly the next. Defendant: It appeared as though he was trying to “worm” a trip to Sydney out of me. Counsel: Did you know that according to Alaori law a lease is practically useless until it has been confirmed? Gregory: If I knew as much about Maori law then as 1 do now 1 would never have written out that cheque for £5O. Allan Gregory coroborated the evidence of defendant. The magistrate said that he was satisfied that defendant had been given permission to put the cattle on plaintiff’s place, Gregory knew nothing about O'Hanlon’s lease till the Friday, and took prompt steps to remove the stock as soon as he received this information. It was evident that he had permission to graze the cattle on both properties. Judgment would be for defendant, Gregory, with costs according to scale, and witnesses’ expenses, £1 18s 6d, and solicitor’s fee, £1 Is. HOCKEY NOTES

A representative match between Taihape and King Country ladies was played at Taihape on Thursday and resulted in a draw, each side scoring one goal. The game was keenly contested and there was nothing to choose between the teams, as the score indicates. Taihape’s goal was scored by Miss I. Anderson, while the visitors goal was registered by Miss R. Smith. Alcssrs, W. A. Smith (Taihape), and Fanthorpe (King Country), were referees.

The visitors were entertained at dinner after the match and were also the guests of the Taihape Hockey Association at a very enjoyable dance in the Oddfellows’ Hall. GENERAL NEWS ‘ : Do you do any shearing? ’’ inquired the magistrate of a Alaori judgment debtor at the Alagistrate’s Court on Thursday. “No, I cannot handle that thing,” responded the debtor. MAJESTIC THEATRE Two of the most versatile mastertechnicians of the screen, Raoul Walsh and Lionel Barrymore, unite their tai cats for the second time in “The Yellow Ticket,” Fox drama opening tonight at the Alajestic Theatre, with Elissa Landi in the leading role and Laurence Olivier in the romantic male lead. Walsh and Barrymore last worked together in the Gloria Swanson picture, “Sadie Thompson.” Walsh played in this production as well as directed it. “The Yellow Ticket” is a stirring, colourful drama of Czarist Russia. Other important, players in the cast are Walter Byron and Rita La Roy. RUGBY FOOTBALL INGLEWOOD TEAM TO PLAY TAIHAPE The following team has boon selected to represent Inglewood against Taihape at Taihape to-day: Full-back. Eaves (1); three-quarters, Alackinder (2), Robson (3), Corney 4); fiveeighths, Cowley (19), Hunt (6); half back, Corkill (7); forwards, Evans (14). Laurence (15), O’Keefe (11). Baxter (12), Young (13), Christens-/ (10), Devereux (9), Coles (8). Enter-

gencies: Arnold (16), Parkin (17), Major (18). The players will wear maroon jerseys numbered as indicated. Of the above team Hunt, Corney, O’Keeffe, and Devereux have all represented Taranaki, while Coles has represented North Taranaki. Hunt, played full back for Taranaki against the British team and there are many who consider" him the equal of Collins (the All Black), as a custodian. Hunt has played for Taranaki both as full back and live-eighth. He. will be playing in the latter position in the Inglewood team to-dny. The team consists mostly of young players and all are very keen. They have a good pack of forwards and a reliable set of backs, and are looking forward to their game with Taihape to-day. The team arrived last night (Friday), and are being accommodated at the Gretna Hotel. They will be entertained at dinner after the match by the Taihape Rugby Union. The following is the Taihape team

for to-day:—Full-back, AlcKenzic; three-quarters, Biel, Smith, Hckenui; five-eighths, Gibbs (Ist.), I’ikari; halfback, Keegan; forwards, Fleming, Spooner, Boon, C. Dcrbidge, Gregory, Sisson, George, Hunter. Emergencies. Siddle, Abbott, Dean, Munro. Air. Roy Coutts, who played for Taranaki against, the Springboks, is manager of > the Inglewood team. Mr. V. Nicholls is manager of the Taihape fifteen. The match is timed to start at 2.30 p.m. Mr. L. J. Patrick will be refereeA game between the Taihape and Ohakune High Schools will be play<as a curtain-raiser to the big match. GENERAL NEWS A final reminder is given of the Paddy’s Market to bo hold in the old auction rooms in Tui Street to-day (Saturday), in aid of the Anglican Church. j The annual reunion of the local ■ branch of the A.S.R.S. takes place in [ the railway hall to-night.