TOKOROA LAND.

Waikato Times, Volume 102, Issue 17133, 21 June 1927, Page 8

TOKOROA LAND.

FORMER SETTLERS’ CLAIM ALLEGATIONS OF FRAUD. SICKNESS AMONGST CATTLE. The first of the cases set down for hearing in which the Matarawa Land Company is being sued by settlers for alleged misrepresentation in the selling of land was continued in the Supreme Court, Hamilton, yesterday before Mr Justice Ilerdman. In this case Georg? Donald Pinny is claiming £1294 damages (reduced from the original claim of £4174).

Mr M. 11. ITampson and Mr J. Oliphant appeared for plaintiff, and Mr A. 11. Johnstone and Mr Grant for defendant company. Plaintiff denied in cross-examination that he used the bath in the house for storing coal and that pigs harboured in the motor-house and separator shed. The tank was riddled with holes, but the cattle got water out of a trough. Plaintiff said he tried everything possible to keep his stock healthy. He owed the company £3BB 9s ltd for interest, premiums and rates. Re-examined by Mr Ilampson, plaintiff said that when he wrote the letters in praise of the land he was very favourably impressed with it. This was, however, during the first season. Cause of Sickness. Walter Turner Collins, Government veterinary surgeon in charge of the Agricultural Department in the Auckland province, said the department, after experimenting to ascertain the causes of cattle sickness, had formed the theory that it was due 1o lack of iron in the soil. This opinion was confirmed by Dr. Orr, in charge of the nowatt Institute, England. The department had an experimental station at Mamaku in connection with cattle sickness. Witness conducted a postmortem on a calf at Tokoroa last July in the presence of a number of settlers. There was no sign of inflammation of (he stomach. The blood was weak and generally anacmio. Tokoroa was well-known to be cattle-sick, and cattle-sick land was no good for dairying. There was a big difference between cattle-sickness and clover-sick-ness. Francis Bates, farmev, said he bought a Matarawa section. In the first year 2.4 out of 90 of his cattle went sick and all died during the first year, and finally he had to walk off the farm, losing £4OOO. lie was an experienced dairy farmer and farmed his land well. Witness tried to rear 2 1 calves, but they all died of sickness.

Cross-examined, witness said that at first he thought the defendant company look a sympathetic view of his difficulties and had treated him fairly, but lie did not think so now. when he reviewed events and remembered the way in which they had boosted tho estate ns good dairying country capable of carrying a beast to two acres.

John Victor Johnston, storekeeper. Tokoroa, said that in 19 18 lie farmed an area at Tokoroa, but many of bis cattle died. Witness relaled how a number of different, settlers look up land there and were finally forced to leave owing io losses of slock. Pinny during the first year seemed to progress and was quite happy, but in the second year, like everybody else who bad taken up land there, his spirits went down considerably.

Walliarn Walsh, farmer, Tokaroa, since 1914, said it was general knowledge that many cal He had died at Tokoroa. lie found that dairying- did not pay and was now running dry stock on the place. Last year he had to allow plenty of good grass to run lo waste because lie could not dairy on it.

William Milne, sharemiikcr, Tokoroa, said he formerly milked on the property which Pinny acquired. The first season five callie died and lie finished with (10 milking out of 84. Bcnjamen T. Williams, formerly manager of the Alatanuku Downs Estate, adjoining the Alalarawa block, said lhat on account of callie sickness lie was forced to abandon dairying and go in for dry stock. It was a peculiarity of the land that cattle thrived on it for a time and then declined. Me knew of many callie dying on the block and of others having to be removed lo fresh pastures lo save them.

TO-DAY’S PROCEEDINGS

The hearing of the case was continued to-day.

Michael McDowell, farmer, Cambridge, and formerly of Taranaki, said that on Ihe representations of Limbrick tie bought, two sections at Matarawa. During the first year ho lost, five cattle amt sold about 15 or 10 others l'or the price of their hides. At the end of the second season he was compelled to abandon the land owing to the large amount of cattle sickness. Cross-examined, witness admitted that he asked the company to reduce the price of the land, when he would have been prepared to carry on for another year. He further admitted that there had been a meeting of Matarawa settlors with regard to bringing a series of claims against the company, and that they had all contributed to the expenses. Mr Johnstone: And when the dividend arrives, what then? Witness said he understood there would be no dividend, as he was told that morning that the company was going into liquidation. (Loud laughter.) Had to Abandon Farm. Archibald Douglas Cairns, farmer, Te Avvamutu, who formerly bad a Matarawa section, said he had to abandon the place owing to heavy losses' through cattle sickness. Cross-examined, witness said that John B. Campbell, managing director of the company, had been a very good friend to him. He was a friend of the family, and sent witness to Tokoroa for three months to learn ploughing, before witness and his brother bought a Matarawa section.

Mr Johnstone: And do you suggest that this friend swindled you? Well, he must have known that the land was cattle sick, and yet he advised me lhat there was nolhing to worry about. He told us that there was clover sickness, and that if we farmed the land properly there would be no more losses than in Hawke’s Bay. They finally had to leave because they could not make “a do” of it. ilobcrfc Newport, farmer, Tirau, formerly on a Matarawa seclion, said he also had to abandon liis holding owing to cattle losses. He helped Pinny to bury a large number of his cattle. Cross-examined, witness said he was Pinny’s brother-in-law, and formerly lived at Baohotu, Taranaki. Another cx-Matarawa farmer named Cote, said lie had to walk off his holding, losing over £2OOO, owing to cattle sickness. Arthur Stanley Allen, who went on to a Matarawa section in 1925, said he milked about 30 cows during the first season. 'After about three months a tContinued »n next coJuouU. ‘

number of the animals became sie.k, and he had te send them away. It was quite customary to rear good calves in Taranaki when supplying to cheese factories. It was not possible to rear ' calves at Matarawa. tie finally, like oliiers. was forced to leave, owing to the cattle sickness. Archibald McGregor said be bad seen John Campbell in January of Ibis year driving 30 sick cattle from Malarawa. This ended the case for plaintiff. i Question of Non-Suit. Mr Johnstone said he was at a loss to sec any evidence of fraud. He therefore asked for judgment for defendant. His Honour said the evidence of fraud might be slight, but be would not care !o remove llie case from the jury, lie would, however, reserve leave to move for a non-suit. Tho Defence. In opening for ihe defence, Mr said plaintiff had reduced his claim since Die case came to Court from over £-1000 to £1291. Plaintiff claimed that lie lost, this money because Ihe company had defrauded him. 1C veil if Ihe land were described as safe dairying land. Ibis was merely the usual vendor’s puff, and was so common in its nature with Ihe advertisements of all ariiclos sold, lhat the law placed no value upon it in support of a claim for fraudulent misrepresenlatioii. The stock losses which the company had on the place from 1918 to 1923 were only 23, which was no more than average mortality considering there were never less than 500 grazing on block. {Pr.QccedifwU,