RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 3050, 5 April 1881, Page 2

RESIDENT MAGISTRATE'S COURT

MONDAY, APRIL 4.

(Before H. Eyre Kenny, Esq., 8.M.) WILSON V. MONTBITH AND CO.

After our report left yesterday the plaintiff was cross-examined by Mr Lee. McDonald said the mare would carry a lady with safety, being quiet, but a lady had never been on her back. Witness had a loose box constructed, but did not know the dimensions of it. McDonald said it was a pity it was not longer, and it should have been lined. On February sth the mare was teased by some children in the yard. When he showed Jones' certificate he did not open it and say, "You are a pretty couple to cheat me like this." He did not say, " If you do not arrange with me I will damn your business, and tell people what rascals you are."—By the Court: Mrs Wilson did not ride the mare for more than three or four days a week, and only short journeys. Witnese and McDonald were on pretty intimate terms before the transaction.—W. H. Jones, sworn, said he examined a mare belonging to plaintiff. He found her to be unsound. She had a thoroughpin in each hock, and a thickened condition of the tendon of the off fore leg. This condition must have existed from three to four months. The mare was quite Jame, and not safe for a lady to ride. Jumping over the fence would not produce the symptoms he saw. Thoroughpin was often caused by overtraining.— C Palmer gave evidence as to the mare being sent to auction.—This closed the case for the plaintiff.—Mr Lee then stated the case for the defendant, and called J. M. M'Donald, who stated they formerly owned a mare named Brunette. She was kept for their own riding. Oα January 29ih plaintiff bought the mare. Ptaiutiff said be would take the mare at £20 providing witness would ride her for a week with a skirt, and keep her at the Bazaar till he got a place for her. There was no warranty of soundness, nor anything said about it. He bad no doubt he told Mrs Wilson that she was lucky in getting such a hack. He thought the loose box was too small. It was paved with limestone blocks, on which the mare was standing without bedding. He did not think it would improve a horses , feet. The horse was returned to the Bazaar, having jumped a fence. She alighted on rough stones, and skinned her bind legs. Plaintiff said he was astonished the mare had not broken her legs in jumping out. When the mare was brought to the yard for sale she was dead lame. Witness got her shod immediately after the sale, and she went more soundly. On the following Wednesday witness rode her round toe town, and she was going perfectly sound.—The witness was cross-examined by Mr Lascelles at considerable length.—Henry Monteith gave evidence of the condition of the mare previous to the sale.—S. W. Cook, sworn, stated that he had been practising in the treatment of horees for about twenty years. He bought the mare Brunette at Monteith's early in March for £12. She was very lame. She appeared to have had a severe strain. The shoe was not properly on the foot. She was not lame before the plaintiff bougnt her.—Joseph Parker knew the mare Brunette. He shod her just before Clive races. He did not notice anything wrong with her. He attributed her lameness to want of re-shoeing. The shoe bad become embedded in the hoof. She went better after being re-shod. On the following Monday ehe was all right.— John Bennett Hollis deposed that be had been dealing in horses 12 or 14 years. He knew Brunette before she was broken in. He had seen her and ridden her since. There was nothing strange about her. He bad examined the mare, but could not say if she had thoroughpin. He did not see anything the matter whatever with the fore feet.—Sydney Jones, in the employ of Monteith and Co., deposed that he knew the mare Brunette. He never saw her lame till brought back by Wilson, She went very well at

present.—Frederick Tankard, gave evidence as to the shoeing of the mare.— This was the case for the defence.—The case was adjourned till Wednesday, when counsel will address the Court, after which His Worship will give his decision.