HIS PSEUDO BROTHER.

Waikato Times, Volume 99, Issue 16546, 15 July 1925, Page 8

HIS PSEUDO BROTHER.

SELLS HIS PIGS AND DECAHfIPS. FARMER'S SANITY QUESTIONED. A most unusual story was embodied in the evidence adduced in a civil case heard at the Magistrate's Court, Hamilton, yesterday. It was shown that when a farmer of Whatawhata. B. C. J. Boote, went out to take charge of his property which had come back on his hands, he found a tramp, one Barry, who, it may be stated here, is now on the police "wanted" list, had made himself at home on the farm. In ordinary circumstances the wandering one would undoubtedly have been ' sent about his business in double quick time, but this farmer was in a peculiar position that required peculiar methods. He was. in fact, lately discharged from Avondale Asylum, and was painfully aw.are of the fact that, his neighbours seemed to think that he was likely to prove dangerous at any time—although this was without foundation—and were accordingly somewhat afraid of him. Thinking that if he could persuade his neighbours that there was some friend staying with him to "keep an eye on him." as it were, the farmer found in the tramp a solution of his dfflculty. In fact he was inclined to regard him as a Heaven-sent blessing, and immediately announced to all and sundry that his brother, Jack, had come to stay with him. The supposed brother entered whole-heartedly into the spirit of the masquerade and took a keen interest in the operations of the farm. The country folk were completely deceived, and many of them actually becan to fancy they saw a likeness between the two supposed brothers. So that when the pseudo Jack Boote offered to sell several of his 'brother's' pi.es to A. C. Carpenter, one of the, neighbouring farmers, the. last-named naturally thought the pretender was acting as an authorised agent.' The only hitch occurred when the erstwhile tramp told Carpenter that his "brother's" feelings towards the people of Whatawhata were so strong that he would refuse to sell any stock to them. Barry and Carpenter then agreed that the receipt should be made out to a Mrs Johnstone, who lived in another district, and thus the dealing was duly transacted. ■ The next incident of note was the sudden disappearance of Barry—and the pig money. Boote, of course, never saw the cash, while he was the poorer by four breeding sows. No Authority for Sale. He therefore asked Mr Young. S.M., for an order against Carpenter compelling him to return the four pigs, or, if that were not possible, for £2O damages. Mr H. T. Gillies appeared for Boote, Mr D. Seymour representing defendant. Introducing the case for plaintiff on the lines already indicated, Mr Gillies stated that when Boote discovered the disappearance of tin"' tramp and the pigs he placed the matter in the hands of the police, who located the missing swine in the neighbouring property of Carpenter- Defendant, however, stated that plaintiff's •'brother" (the tramp) had sold him the pigs, but plaintiff had certainly given no authority for the sale. Counsel submitted that Carpenter had acted in a fraudulent manner in conniving with Barry to have the receipt made Out to Mrs Johnstone.

Plaintiff's evidence, taken on commission prior to his return to Australia last week, was read by counsel. He had certainly not given his alleged brother authority to dispose of any pigs.

"Wanted" by the Police.

Constable Neill gave evidence of Boote having called at the police station and laid a complaint respecting the disappearance of four valuable sows. Witness made inquiries and discovered the missing swine on Carpenter's property. Defendant stated that he had bought the pigs from Boole's supposed brother —the tramp Barry—and produced a receipt for £ll, which sum lie had paid for the animals. A warrant, witness added, had been issued for the arrest of Barry, who was also wanted on several other charges.

The defence submitted that Carpenter had acted bona-flcle throughout. It was not intended to question Bootc's sanity, but what it was proposed to show was that plaintiff was a schemer The defence alleged that he had connived with Barry to trap Carpenter and to place him in a position of shame. Continuing, counsel stated that the people of Whatawhata had a wholesome fear of Boote who, before ho was in the asylum, seemed to be labouring under a hallucination that his neighbours were stcadly taking his land away from him. He used to run around madly and, in fact, the police had been asked to take a hand in the matter.

An Alleged "Trap."

Robert Brisske, stockman, employed bv the N.Z. Loan and Mercantile Agency Co., Ltd., said that Boote had told him that everybody at Whatawhata seemed to be against him. He told witness that ho "had a good one on " that he had set a trap and that Carpenter was the first to "put his head into it."

Mr Gillies (to Mr Seymour): Why was Boote not questioned on this matter in cross-examination when his evidence was taken so that he could he given an opportunity of denying it? lie "is now on his way to Australia, with no opportunity of repudiating this serious statement made against him. Mr Seymour replied that he had only been acquainted of the fact that Rrisske's evidence was available during the last few days. Sub-Inspector Mathew was called to give evidence of his having received complaints from residents of Whatawhata that Boote had threatened to harm them. Witness journeyed out to Whatawhata and interviewed plaintiff, who expl.mcd that his neighbours were exaggerating everything. Another man was on the property, and Boote introduced him as his brother, whom he had persuaded to come and stay with him to allay what, he stated, were the groundless fears of his neighbours.

To Mr Gillies: Witness had made inquiries, but could find i o evidence of Boote having threatened anyone. Defendant stated in evidence that there was "a lot of talk" in the district about Boote, and the settlers, especially the womenfolk, seemed to be afraid of the man. Shortly after Boote's return from Australia he introduced the man Barry to witness as his brother. This person was a total stranger to witness and accordingly he had no cause to doubt his relationship with Boote., Some little time later witness was passing Boote's place when he saw Hie pseudo Boole cutting the hedge on the road-line. In the course of conversation the former tramp casually asked witness it he wanted to buy any pigs, as he and his brother did not have, enough feed for nil the swine they had on the place. Witness as it happened wanted a few pigs, and he offered plaintiff's supposed brother a certain figure for several pigs. The rnasquerader replied that he would consult his "brother," and next dayinformed witness that he could have (Continued at foot of next column.)