ALLEGED SUNDER.

Wairarapa Daily Times, Volume XVI, Issue 6114, 16 December 1898, Page 3

ALLEGED SUNDER.

BLAKE V, CAMERON. 'W The hearing of (he action in which jane Charlotte Blake and Charles Blake sue Frank Cameron for £2OO damages for alleged slander, was continued in the district Court, Masterton, yesterday, before Mr District Judge Kettle, as follows; Mrs Blake continuing her evidence, said I alio asked Mr Cameron if he had

stopped my cattle, Ho said "No I havo not, but I have them in Carterton , 'and can swear they are my cattle," He asked mo if I owned tho cattle and I replied "yes." He then said you stole those cattlo: branded and earmarked them and sold them," Mr Blake was present when the defendant said thoso words. He also said that all the cattle -Mover in the paddock belonged foliim, • referring to fourteen heifers. Mr Camoron again visited the property on tho 27th of the same month with his employe*, He said that he . intended to muster all the cattle from tho back. I told him that he could take tho two heifers which had broken through the fence from an adjoining property, but was not to touch the brand or car-mark. Cameron said that ho had driven all his heifers from off my

properly where the fence was broken Jjown, but ho had left two heifers behind, Tifter Mr Cameron left tho house I found him with two other men at the hack of the housoinspectingthe property. , Ho then repeated the samo words to mo A as on tho Bth October, that 1 had stolen and branded his cattle and the two gentlemen with him would claim them. Cameron thon took down a description of tho cattlo and I told him that I could not stand his talk any longer, but would tako proceedings. The young heifers had been branded about two months before by myhusband, with Ihemortgagc brand. I discontinued using my private brand after I had given tho mortgage )brand to Messrs Mowlcin and Co. I knew that Mr Cameron was to graze cattlo on the adjoiniug property, so I branded all of them with the mortgage brand before ho came. The defendant came a third time and inspected the

cattle. This inspection mon account of a letter written by my solicitor to him. He asked me on that occasion not fo ruin him by placing the matter in Mr Pownall's hands, I sold nine of my cattle through Mr Mowlem on acj count of interest falling due on a mortgage. To Mr Eebinsou: I had thirty-five weaners when I gave the bill-of-snlo; twenty-eight cows, eight yearlings, and two bulls. In October I had fifty-four . pd of cattle, but previous to that I Bad eighty-four head of cattle. I bought ten drop-calves duriug the past two years, All the fourteen cattle claimed by Mr Cameron were born and reared on my own property. I had to ~ sell stock to meet the mortgage. There is no possibility of any brand or earmark but my own being upon any of my cattle, because they were all bought as drop calves. Tim greatest number of skins ever sent to the W.F.C.A. by me was twenty-one. Ido not remember sending one skin only for sale about September. A new cattle-proof fence • was erected when Mr Cameron took possession of Mr Francis' property, The cattle had never been car-marked twice and I do not know any of the cattle ikying half the ear taken off, To His Honor: I usually brand the cattle when about six months old, but one or two of them had been branded with the half 0 which did not suit me and they were re-branded with the mortgage brand; nearly all the cattle were earmarked, IE any wero not earmarked it was purely an oversight. The Court then adjourned to allow the parties to view the nine head of cattle sold in Masterton,

> On the Court resuming at 2 o'clock, 'Mrsßlake, in reply to Mr liobinson, said that the bill-of-sale to Messrs «owlem and Co. iucluded the whole of e cattle then owned by her. Charlesßtake.onoath,said that the

twelve cows over which (he mortgage was given belonged to him. On the Bth October Cameron came up to him and said " What have yon been doing, you have stolen my cattle, earmarked, branded and sold them." I felt annoyed at the time and asked him jt what he meant. He said "I can swear to those cattle upon your property." I said, "If you think that those cattle belong to yon, who don't you give me in charge for cattle-stealing?" I asked him to come to the paddock with rac and we went and inspected the cattle. He then claimed nearly the whole of the heifers in the paddock near the house.' I asked him to go to the

back country and see if he could find

. any more of his cattle, Mr Cameron Jtsaid that he only claimed the cattle by their appearance, being half-starved and weary-looking. Three or four days afterwards I met Cameron on the road, and he again spoko to me about the cattle, saying that I had stolen them. I only recognise three of the cattle that I jLjccleJ this morning, and which were nR by me through Mowlcm and Co. I could easily tell tho others because of , my privato brand. To Mr Bobinson: I branded about

. twenty cattle just before Mr Cameron possession of tho adjoining property, I branded tho three old bullocks at the same time, On Tuesday last I passed Mr Itayner on the road to Mastcrton, driving some cattle, I got out of tho buggy and went over and identified some of the cattle driven by him as once belonging to me. All the. twenty-one cattle from which the skins were sold to the W.F.C.A. died since

the new fence was erected by Mr

Francis. Mr Cameron gavo my sons per- , mission to sell some of the skins From off •Bis calllewhich had died on his property. When the Stock Inspector mado his returns I had fifty-sit, and when I mustered I had eighty-four head of cattle, and since then several hayo died. William Lysiter, on oath, said that I am a bushman, and was cutting firewood ■on the plaintiff's properly in October ■ last. Mr Cameron came to tho plaintiff's house one day and I heard him tell Mr Blake that he (Blake) had stolen his cattle and branded and earmarked them. I was standing at the door of t house, and Mr Cameron was speakin a loud voice. iToMrßobinson: I did not hear what

g Mrs Blake said although she was speak- * ing in an angry voice. I was inside the house and hearing loud voices ran

To His Honor: I havo never spoken to Mr Blake or anybody else upon the case since I got my subpwua. lam a brother-in-law to Mr Blake. C. E. Blake, son of tlio plaintiffs, stated that lie knew the property well. When Mr Camcrou bought the adjoining land all his father's cattle were brought to their property and were branded, but he could not say how many were branded. They did not brand the cattle before that date because , Mr Francis only kept sheep. When Mr Cameron came and inspected the cattle he accused witness' father aud mother of having stolen, branded and earmarked some cattle, To Mr HobiusontMr Cameron gave Jrie permission to skin some of his dead cattle. I cannot tell why I skinned one beast before I obtained permission to skin it. When Mr Cameron camo to

our house tbo second day he did not accuse my father and mother of having Jgfolcn the cattle in front of the defeu"Want's two employes, but beckoned my father and mother out of hearing distance I followed them because I considered I was interested in the matter. This concluded the caso for the

plaintiffs. ;5- Mrllohinsou applied for a uoifsuil ohllio ground J lliat tlio defendant was privileged in making tbo allegations and there was no evidence of malico. After hearing Mr liohinson the Court adjourned till 11.30 (bis morning, After hearing argument by Mr Pownall; His Honor decided to take the evidence for the defence,