DISTRICT COURT.

Wanganui Herald, Volume XII, Issue 9512, 12 September 1879, Page 2

DISTRICT COURT.

Thursday, September 11, 1879.

(Before E. Hardcastle, Esq., District

Judge.)

XJN&ABD V. MCKITTRICK. (The evidence concluded.)

Owen McKittrick deposed — I had been drinking at the Patea Races. I was lodging at the Custom House Hotel in town. Had drink on both days. I got homo on Sunday evening. Waß at Nukumaru on Saturday night. Saw Mr Lingard on Saturday. Do not remember when I left town. My horae was at Smiley's stables ; dont remember paying him. There 13 a signature in memo, but it ia not mine. In the first place I spell my name Owen, and I spell my surname differently. I do not remember signing it. First heard of the document when Lingard wrote me on the 24 th; I met Lingard after the races. He came to me in the paddock and aaked me why I did not take the mare. I said that I knew nothing about her. I did not agree to give him a promissory note. He said that he was bound to see me through my partner Belcher. He said I have already settled with Belcher and am bound' to settle with you. I did not acknowledge liability. I don't think we had any drink that day. Next saw the mare at Wanganui races and have never seen her since. Ido not often take drink. The cheque I gave on same date.

Cross-examined — I remember seeing Lingard on the 4th, we were nearly all the time in a booth. On the Saturday I had some drink at the Custom House Hotel, can't say if it was in the afternoon or morning. I remember being in Jackson's Sale yards, don't remember talking to anyone there— might have spoken to several. Don't remember where I went after or what time I left town. Don't know who I had drinks with or seeing Lingard that morning. Think I saw Belcher. Do not remember being in the Rutland Hotel or having any breakfast. Never had any wiah to buy the mare, nor did I say so to any one. > The talk with Belcher at Patea was that I offered £200 for use of the mare for a week. 1 was not drunk then,and offered to find my own jockey. I swear positively that the signature on agreement produced is not mine. The "c " and "k " are like mine, but not the others. The resemblance is good but I never wrote it. It was not read, over to me and do not remember talking about. The first I heard about the mare was Lingard's letter. I was surprised very much but did nothing; did not write. Saw plaintiff at my own place two days after. I thought the letter an odd one, but did not think it neecssary to reply. Remember seeing Lingard at Waverley. It waß after that he came to my place, and after I had got the letter. I told him that I knew nothing about the letter. Did not say that I was drunk when offer was made. Mr Lingard spoke of Belcher as his partner. He did not say Lingard and Belcher. Don't remember telling him that I was a poor man and asking him to let me off. Don't remember saying that it was no use getting judgment against me because I was a poor man. Will swear that. I do not take much drink now ; I did take the pledge but broke it at Waverley. I remember doing to the sale yard and drove myself back in a gig. I remember being there, but not seeing Mr Lingard that day:

Re-examined — Understood by partner that Mr Lingard meant the partner in the horse. Mr Lingard never showed him the pocketbook with the offer. Had no recollection of what he had signed on that date. Might have signed things, hue had no recollection.

John Brennan, licensed victualler, deposed that he had a booth at the Wanganui races last March. Defendant wa lodging with witness; he came the day before the races and left on the Saturday morning. Noticed he was on the spree, and got him away from the booth. Ha was the worse of|drink,excitad, and noisy. On the Saturday morning noticed him driving rashly as if the worse of liquor." It was in the forenoon. Did not ace him after that day. Wife and child with him. He had been drinking pretty freely that morning.

Cross-examined — It was in the , forenoon. Could not be positive as to the time. He had been drinking since he got up. Saw him and told him not to. He could have been drinking elsewhere without witness seeing him. He was talking like a man who had had too much liquor. Re-examined — Saw him about 8 o'clock that morning. He was drinking all that morning.

Rhody Slattery, carrier, deposed that he had known defendant 14 or 15 years. Remember his having an accident, and knew he had taken the pledge, also that he had since broken it: Since the accident a very little- liquor took effect upon him. I saw him between 8 and 9on the morning of the 15th March. He waa excited then with drink. Witness tried to get him to go away home, but did not succeed then. Saw him later on iv the day at Smiley's upper stables. He was going home then. It was between 11 or 12 o'clock then. Seeing his condition, was going to drive him home, but he would not let him. He was driving badly. Witness got into the buggy and went a little way with him. Cross-examined — Did not go far as de« fendant would not allow him to drive. Thought his wife would take the reina soon.

J. S. Smiley deposed — Defendant usually puts up at my stable. Remember his coming at Wanganui races. Saw him on the race days. He looked very jolly. He was like all racing people. Saw him between 12 and 1, but can't be sure. He appeared to have had too much, but I did not see him go away. He paid the man for stabling. Gave him £1. He looked excited. Saw him between 9 and 11. but am not sure of time. It was about my old stables. He only said a word or two. I did not say much, because he was not in a nt state to .talk.