SUPREME COURT.—CIVIL SITTINGS.

Daily Telegraph (Napier), Issue 3860, 30 November 1883, Page 2

SUPREME COURT.—CIVIL SITTINGS.

TnunsDAT, November 29,

(Before His Honor the Chief Justice.) EUDDICK V. TOHA HATIUUAiro. This was a case in which plaintiff sought \ to recover £150, alleged to be due on a. promissory note. Mr Las'collos appeared for plaintiff, Mr M'Loan for defendant. Mr E. Hamlin acted as interpreter. Toh a Rahurahu, defendant, deposed that in July last 3'ear he saw a man named Alexander Huntley about an entire horse. A suggestion was made that the horse should be sent to run on witness's property at Wairoa, but no definite arrangement was made as to what remuneration witness should receive. Witness afterwards saw Huntley at the Occidental Hotel. A halfcaste named John Gage was present. The latter was then an assessor of the Native Lands Court. In witnesss' opinion there was an understanding between Huntley and Gage. Huntley spoke to the half-caste, and asked him to persuade witness to sign a document which Huntley produced. Tho promissory note produced was the document. Witness had no practical knowledge of tho English language, and signed tho document believing , xt was an agreement concorning the horse being sent to run on' witness' property. Witness had no idea signing tho document, involved a payment of money, and was never informed of the actual contents of the paper. The half-caste informed witness that the paper was an agreement for tho horse to stand for him at

Wairoa. Witness trusted the half-caste because lie was an assessor. Witness had no idea of buying a horse, as ho had plenty of his own, and nothing about buying or selling a horse was said by Huntley or the half-caste. Witness owed no money to Huntley, and had only seen him once be- J foro r was never shown an entire * horso by Hunt ley or the half-caste. Scunp time afterwards Captain Baxter, of tho Manaia, brought witness a letter written in English, v.-hk'h witness procured an interpretation of, and then, learned for

tho first timo that the document he had signed was supposed to be in payment for a horso purchased. Witness took two native friends with him to see tho half-caste, and challenged him as to tho document being a promissory note givon as payment for a horse. Tho half-caste said "Do not believe it; it is false."

By Mr Lasecllcs : Witness had never knowingly signed a promissory note in his life, but knew tho difference between printed characters and manuscript. Ho had never said anything to a man named Connor to the effect that he would fetch or come for a horso. Ho was first informed that lie had signed a promissory note by tho European who interpreted tho letter. Witness was afterwards informed that ho had purchased a horso from a half-caste named Broughton, but witness denied tho purchase. Ho did not sco Huntley in tho matter. He had novor signed promissory notes to Mr Edmund Sutton.

Hapomana Tunupaura deposed that ho knew Toha, tho defendant, and also Gage, tho half -caste. Witness remembered Toha asking Gage about a document which was said to bind Toha to pay a sum of money for a horse. Gago told Toha not to believe the document was a promissory note. Heremia to Poiipou gave similar evidence. This concluded the case for the defendant. William Ruddick, plaintiff, deposed that ho got tho promissory note produced from Huntley Barron (otherwise Huntley) for a consideration of £115. Tho note Avas for £150.

By Mr M'Lean: Huntley had sold a horse called Hercules for witness. Witness him-

self had sold a horse called The Pope to

Hiintlcy about six weeks since. Had never to Iluntley's house, and did not know whether ho possessed stable accommodation. He paid £260 in cash for The Tope when he bought it, and accepted a bill from Huntley. in payment. Tho bill was for £150 or £IGO, and due in January next. Witness saw a horse called Campsie some time in 1882, but knew nothing of the circumstances under which the horso was supposed to have been afterwards sold by Huntley to Toha. Some time after tho sale witness heard from Huutloy that Campsio had been sold for £150 on a bill, and a week after that witness discounted the bill. Witness gave £G5 in cash and a receipt for £50 clue from Huntley to witness. Tho Court then adjourned.

This Day. His Honor took his seat at 10 a.m. nUDDICK V. TOHA RAIIUKAHtT.

William Ruddick continued: (crossexamined by Mr McLean) Huntly did not reccivo anything from witness for .selling , Hercules. There was a written agreement between them an to that horse, but there was no mention of a bonus. He had given Hiintley about £30 or £40 for bringing v horse from Hamilton, Wailcato, to To Auto. Tho first time ho heard Campsic was sold to Toha was on tho evening lie discounted

Huntley's bill. When he saw Campsio in Palmer's stables it was after ho got the nofco. Ho had been the owner of several entires. Could notgivo the value of Ciunpsie, but thought ho was a handsome looking horse when ho saw him. He could not say ho thought him worth £150. He could not say whether Campsic was a sound horse or not. He had often had bills from natives, and they generally paid them. He did business sometimes in discounting native bills. The bills were not often in connection with the price of horses. Ho had no conversation with Algar about tho horse. He never showed him any agrcomont with reference to a, bonus on the sale of Hercules and Campsic. Could not remember having any conversation with Charles Palmer about Campsie. Ho did not see advertisement (produced) in the Napier papers in reference to the sale of Campsio. Ho would not swear that in consequence of that advertisement he went to sou Palmer. He never told Palmer ho

would pay for tho horse's keep and take him back. Ho did not load Palmer in any •way to supposo ho (witness) was the solo owner of the horse. He never told Palmer

that Huntley had thrown him overboard with reference to tho horse. He did not induco Palmer to withdraw tho advertisement as to tho salo of Campsio. Palmer never told him the account for the horse's keep was £'22 12s. Ho said nothing to Palmer about trying the case in Court if he lout the horse. He saw Mr F. E. liamliii, tno interpreter, in Cliveon several occasions. Ho asked him whether Toha was not a chief. Ho told Hamliu that Toha had j purchased an ontiro horso from, lluntley for £150, but could not swear that lie told him tho horso was to be delivered to Toha within ono week at tho Spit. That circumstance was not within his knowledge. He did not know that the horse had been offered to Toha at tho Spit, and had been refused. He showed the promissory note to Mr Hainlin, and asked him whether it was not Toha's signature. Ho paid the money when he took the promissory note in July. He could not swear whether he saw llamlin before ho paid the money. He had no other documents relating to this transaction at any time. He did not show to Mr Hainlin a document purporting to bean agreement for the salo of an entire horse to Toha. Ho (witness) wont out of Court yesterday, and had a conversation with Gage. The only thing that took place between them was that Gago asked him whether tho case was over, and he replied "No." He did not say to Gage that Toha was denying it was n promissory note, nor a single word about Toha's evidence By Mr Lascellcs: Hercules was a very valuable horse, a six guineas' fee was charged for serving. Huntley was always shifting to different parts of Clive. The Duke was the horso the bill was run for. Heavy entires should not be let into the paddock. He had had a good deal to do ■with entires. There would be a difference probably of about £100 in the price of a horso whether ho was sold at the beginning M end of a season. Ho had taken his solicitor's (Mr Lascclles) opinion as to Toha's signature. He had never scon or heard of any document about the sn-lo of (jiiinpsio other than the promissory note Ho had no interest whatever in tho sale of Campsio. Ho generally charged a stud groom £1 per week for board.

John Gage, assessor of the Native Land Court, of Opotiki, stated that ho was in Napier in 1882 when the Native Land Court Was Hitting. Ho mot Alexander Huutloy Barren in the streot during that visit. He knew him years ago. Ho again saw Huntley at the Occidental Hotel. _ Toha was with him. Huntley asked him in the street to go and interpret a promissory note. They went back to the hotel. Huntley gave him the promissory note (produced) to read over to Toha. Ho told Toha that in six months after signing that paper he Would have to pay £160. He also told Toha tho note was payable to Hnntloy. Toha said '' Yes.'' Huntley told witness it was for an entire horse. Witness also told Toha it was for tho purchase of an entire horso. Toha said " Yes, ho was going to tako the horse to Wairoa." The conversation lasted for about half-un-hour. They had some drinks afterwards. Huntloy was to keep tho horse a week or The pedigree of the horso was written on a piece of paper in English. Witness g'avo it to Toha, and explained what it was. Barron produced the pedigree. He (witness) was not paid anything for interpreting ; he did it to oblige Barron. He Jfiext saw Toha at tho sitting of the Land Court at Wairoa. Ho saw him frequently there. When witness was leaving Wairoa Toha said something about a letter he had received about the horse. Ho said the document ho signed turned out to be for the purchase of a horse, and it was not a promissory note. Witness replied that Toha had bought the horse. It was never interpreted to Toha that the promissory note was simply an agreement for taking the horso to Wairoa to graze. Ho had no transaction in tho sale other than interpreting the promissory note. Witness had been interpreter and guide for tho forces tinder General Cameron in Waikato in 1871. By Mr McLean: He had acted regularly ns assessor up to 1882, but hud not acted this year. Tho Judges had never asked him to act this year. Ho still held the appointment of native assessor. Ho considered he could interpret a little. Toha understood tho promissory noto when he interpreted it. Ho did not recollect telling "Willie Broughton anything about this transaction. He did not ask Toha whether he had seen the horso. He understood ho was there for Toha'B protection. Toha said he was buying the horso to take it to Wairoa. He said it was a stallion. Ho had not read all of what Toha had said in his evidence yesterday. Ho took no interest in it. Ho was not owaro Toha accused witness of Receiving-him. Ho saw Mr Euddiclc yesterday afternoon outside tho Court after Toha, had given his ovidenco. All that Etiddick' told him was to keep about tho buildings find not to go away. Ho did nut &nk Rudclick whether it was fill over/ nor

did ho say it was only half over. He told witness ho should not get homo that night. Ho was not standing: alone with Ruddick. There were two or three others present. He did not know Ti.iki Kaluga. Ho said nothing , to him of what Ruddick had told him. That native had told him Toha w;is denying the knowledge of the promissory note. "Witness signed the promissory note as a witness on the 11th July, in Toha's presence. Ruddick made no enquiries of witness about the promissory note. Ho did not ask him to come out to Clivo and then sign it. Ho stayed at Ruddick's at present because Ruddick sent for him. He intended paying for his board. He did not think it was an improper thing for him to stay at Ruddick's hotel. By Mr Lasoclles: He meant to say Mr Ruddick had sent him a subpoena. He signed the promissory note a few seconds after interpreting it. Ho was sure that ho had previously stated all that had passed outside the Court yesterday between Mr

Ruddick and himself. Alexander Iluntloy Barron, horse-trainer and dealer, stated that he had a transaction with Toha in 1882. He met him the previous season at Wairoa. Toha was to send some cart marcs to witness's horse The Duke, but lie had already arranged with Mrlhorpe. He met Toha again at the Native Land Court sitting in Napier in July, ISS'2. Witness asked him what he would do with his mures this season. He said he did not know. Witness then said he had a horse for sale. Campsie was standing at Waipawa. He had the horse's pedigree and showed it to Toha, who asked the price of the horse. He told him, in Maori, £150. Toha then agreed to purchase it- Witness looked about for an interpreter, and met Mr G-ago on the road. Toha spoke to Gage, _ and asked him if lie would interpret the pedigree of the entire horse. They then walked into an hotel, and Gage read the pedigree in Maori. Toha said lie would take the horse. Witness then wrote out a promissory note

for £150, and gave it to Gage to interpret to Toha. Gage asked Toha if ho know what it meant. Toha said it was right. Toha kept the pedigree of the horse. _ Witness mentioned six months as the time of payment. He met Toha. several times after

that, but nothing was said about tho horse. Ho sent a letter by Connor to Toha about

the hor.se. Toha told Connor he would be in Napier in a day or two, and would take the hor.se awny. That would be between a week and three weeks after the note was signed. He again saw Toha at the Spit a few weeks afterwards, but he gave him no satisfactory answer about tho horse. He (witness) told him the horse was incurring expense. Toha said ho would come up to town during the day. Ho again saw him ihat day, and asked him to look at the horse in Palmer's stables, but he took no notice of him and walked away. Nothing was said to Toha about sending the horse to Wairoa to graze there. He never executed any agreement for the horse to stand there. The promissory note (produced) was tho ono in question. Witness afterwards sold it to Mr Ruddick. He -javo him £G0 in cash, and he owed Ruddick £50 for board and lodging and money lent. By Mr McLean: Toha agreed to the price of the horse, £150, after the pedigree was read to him at Snelling's hotel. He told Toha there was no occasion to pay tho money for six months. Witness wrote the promissory note in presence of Gago. The reason he did not get cash from Toha was because he was not prepared to pay it at the time. He bought the horse from Rathbone fur £25. The horse was under offer by Baird before that. Witness had the horse for five weeks. Ho had improved a lot during that time The horse had not ring-bone. He was 10 or 11 years of ago ; ho did not think ho was 14. Ruddick gave him the money for the promissory note a week after tho sale. It did not strike him as peculiar that Ruddick should bo able to pay him as much as £60 odd in cash. The horso was to be delivered to Toha at Wairoa within a fortnight. Ho had tho promissory note in his pocket for a couple of days. He sometimes had half-a-dozen in his pocket. Toha had never seen the horse to witness's knowledge He did not think there was anything in selling a horse to a native who had never seen it, even at six times tho amount lie paid for it. The reason Rathbonc sold tho horse for £20 was because ho had no conveniences for keeping him after standing for a season. He told Ruddick ho had bought the_ horso for Rathbone Ho did not" tell him tho price ho gave for it. Ruddick could see the horso was ;i superior one by his pedigree. Ho gave Ruddick £3.') for discounting tho bill. The horso was not in poor condition when he was put in Palmer's stables. Witness waited three or four weeks to see if Toha would take the horso, and then instructed Palmer to advertise the salo. Ho knew nothing of Ruddick having seen Palmer about the advertisement. Witness might have told Palmer that it cost £15 to bring Gage clown for this action. He made no such remark to Palmer as that they only gave £25 for him. He had no agreement with Toha about the horse further than tho promissory note and the pedigree of the horso. The horso Pope belonged to Mr Ruddick. He sold him to witness and Pohuka. Ruddick was aware who were the purchasers. Witness sold Hercules to Paora Ropia. He had sold entire horses to Europeans as well as Maoris. Ho sold Adonis to a gentleman at Christehurch, but could not remember his name. lie also sold a horse to Robinson at Te Auto. He got £110 for Hercules. At present ho was worth about £250. The Christchurch gentleman never raised any difficulty as to Hercules' identity. He never said he was not the horso. By Mr Lascellcs: Ho had been offered different bids for Campsio. He received a letter from Ohinemutu about tho horse, and also from a mini at Tauranga. Campsic had been sold since for £30 by public auction on the oth November. A verdict was given for plaintiff for tmumnt claimed and costs.