claim him, and placed him in Mr. Abbott's paddock; from which place he was taken, with my instructions, by Hori Mania, for the purpose of being broken in. He was taken from Hori Mania by the defendant Whakatomo shortly afterwards. From that time till yesterday I have not seen the horse. I should call the horse a roan gelding." (Signed) John Davis Canning. Sworn before me this) 21st. October 1856) (Signed) Alfred Domett, R.M. Resident Magistrate's Court, Napier 21st. October 1856. George B. Worgan, being sworn, states:- "I am a sheepfarmer, and reside at the Ruataniwha. The