SUPREME COURT, NAPIER.

Daily Telegraph (Napier), Issue 3268, 22 December 1881, Page 2

SUPREME COURT, NAPIER.

CIVIL SITTINGS'.

WEDNESDAY, DECEMBER 21.^

(Before His Honor Mr Jiistice Richmond, and a special Jury)

OF N.Z. V. COMMON AND DE LAUTOUB

Examination of witnesses in the above case continued : —

VV. Common, examined by Mr Carlile, said be remembered making certain arrangements for the purchase of the sheep, and authorised McKay to bid for tbem. On the Saturday, when he went to take delivery of them, he found Messrs De Laufour, McKay, Matthews, and Ward present. The latter told him tbere were about 1750 sheep. Mr Matthews banded him a paper warning him not to take tbe sheep, but did not say tbat the bank obtained tbem. Mr Ward seemed to treat the whole matter as a joke. Witness did not receive any other notice till the Tuefday, after the sheep bad been taken. Witness paid a deposit on tbe sheep on tbe Saturday. Upon the Monday he went to take possession. Mr DeLautour said be would place the sheep on'the road. Witness was asked away, and when he came back tbe gate was open.

Mr Travers said they did not say Mr Common had anything to do with the breaking of the gate. They merely said that with a perfect knowledge of the circumstances Mr Common took the sheep. __ Examination continued? 'Wifrfew valued the sheep at 6s when he bought them. He sold in June 200 wethers at Bs.

By Mr Travers : He believed that the notices he received were in reference to the sheep under dispute.

James King, who wa3 employed by Wi Pere to take possesion of the sheep, and Albert McKay, native interpreter, were also examined, after which counsel addressed the Court, and His Honor summed up at great length, going minutely iuto tbe various details of the case. The jury retired at 530 p.m., and returned into Cuurt at 7 p.m., having found " that there was no evidence that Hardy was a tenant of Wi Pere's at the time stated." They again retired to consider three other issues—11, 14, and 19, and at 7.30 again returned with a verdict for the plaintiff on all the main issues, and awarding damages at £885. It was agreed by consent that the defendant should have leave to move at the first sitting in banco after tbe vacation for a verdict to be entered up for him on legal grounds. Mr Travers was also granted leave to have entered up a discontinuance of the action against Mr DeLautour. BANK OF~*NEW ZEALAND V. WI PERE. Counsel agreed to a general verdict for the plaintiff for £50, with leave to move as in tbe previous case, the evidence in DeLautour and Common's and Pekakerekere's cases to be taken as if given in this case; all the documents to be taken as produced. The Court then rose.