RESIDENT. MAGISTRATE’S COURT. CLYDE.

Dunstan Times, Issue 644, 21 August 1874, Page 3

RESIDENT. MAGISTRATE’S COURT. CLYDE.

—o Thursday, August 13. r (Before W. L Simpson, Esq.,R.M.) [The tease reported below occupied the a f . itention of the Court until considerably past mid-night : consequently we were unable to publish it in our last issue.] >Tohu Blakely was charged, on the information of the police, with stealing one white steer, the property of Messrs Holland and Cargill. Mr F. J Wilson appeared for the accused.

Janies Henry Holland, having been sworn, deposed : Was the managing partner in the runs of Messss Holland and Cargill, and the only paitner who could give authority for the disposal of any kind of stock off the station. Was at Black’s on the ISth of July, in company with one of my shepherds and one of Mr Handyside’s men. Was there in consequence of information given me that the accused had sold catt’l o to Mr Harrington, and believed there was a possibility of abullock that had been missed from off wir run being of the number. The bullock was irnissed on the 9th of July. Remember, on tbe 7th of October, 1873, overtaking my shepherd dfivrr.c a white steer on the Dunedin road. It had the station brand —an ear mark. Could not now identify the beast in the possession of the pnlice. Estimate its value at 1.2 or L 3. In May last, sold a mob [of cattle, {this steer in question included, to Mr Keenan, to lie Tpaitl for on delivery ; but it not Laving been delivered, it is consequently our property. It among other sixty-one bead of entile, was purchased at Por" Molynenx. It knocked up on tbe road, and was Lhen ear-marked. The beast might have died. Caused a search to ho made immediately it was missed. Have never sold >or authorised the sale of this beast other than previously stated. James Patterson, being sworn said :lam a shepherd in the employ of last witness. In September, 1873, I proceeded to Port Molyncux, to bring up a mob of cattle. I "received 61 head. On the road one of the cattle knocked up ; ihe described it as a white bull, about one year old, a few red hairs on the tips of his ears, not discernahle at a distance of ten yards ; horns staggy, giving him a bullish appearance. Had no visible brands. Before leaving it a man >vho was with "me castrated it ; also it was ear-marked on the right car. On the 7th October I went and removed the beast, and brought it to Holland’s Station. Left it there by itself near Mr Atkin's farm. The last witness saw mcleave it there. On the Dth July went to look for it, but could not find it. I however was told that it was taken away by a man named Blakely. On 28th July, in company with last witness, I Went to Blacks, and saw in a yard from 15 to 30 bead of cattle. Then recognised the white steer I before described, and am positive it is the same. The beast is now branded B on the off ribs, about half of the ear is cut off, and the top of the tail was cut off.

James Hind Atkins, being swore, said : Am a dairyman and farmer residing at Lander Creek. Remember a white steer running there with my cattle in October, 1873 ; it was brought there by James Patterson, one of Mr Holland’s shepherds. There were no discernable marks on him excepting two marks like the punch of gun wads on his cars. The steer remained there till the following March when I missed him. In about three days he came back when I noticed a change in him, he having his cars and tail cut off and branded B. Took particular notice of the beast on his return, because it was accompanied by some of Blakeley’s cattle. Have seen the white steer since in the hands of the Police, but cannot swear that they are one and the same. My son George one day in May told me that Blakeley had taken away the whole of his cattle, the white steer included. In July I told the last witness what I have just deposed. George Gough Martin, son-in-law of the iast witness, gave corroborative evidence, ■with the following addition : Am positive that Blakeley took away the white steer left by Patterson near our farm. Have seen the white steer now in possession of the Police, and am positive it is the same one that I saw Patterson leave, and Blakeley take away. Used to see it every night,

therefore know It intimately. Peter Harrington and Constable M'Gann gave similar evidence as in the last case, and published in our last issue. The accused declining to say anything Wits committed for trial. Bail was taken in this and the preceding case in three sureties of 1400 each, and himself in L2OO.

Thursday, August 20. Donohue v. A. Briscoe and Co.—Claim, LSO, Breach of Warranty. Mr J. R, Cowan forpla : nliff, and Mr P. J. Wilson for defendant.

it appears iiiat pluuiliu telegraphed to defendants, askhig them if they had a sausage machine, No, 5, suitable for a general butcher, reply was, that they had a No. 5 mmoing machine complete, stating price, and which, if worked with horsepower, would mince from 500 to 7001bs of meat per hour. Plaintiff agreed by telegram to take it. In due course machine arrived at plaintiff’s place of business at the Arrow ; plaintiff at once opened the case, and seeing the character of the machine, asked the carrier to take it back it not being what be wanted, the carrier refused, Plaintiff hereupon telegraphs to defendants, saying be would send it back ; to this he received reply that they would not take it .back, consequently he brings this action.

Evidence of plaintiff, also, of Mr C. Attfield, and Mr W. Grindley was taken, who deposed that the machine, in their opinion, was not able to do the amount of work as described, and they did not think it strong enough to bejwoiked by horse-pewer. For the defence, Mr Wilson contended that plaintiff had not proved his case, as he had not tried the machine with horsepower, and his witnesses had never seen the machine, or a similar one worked by horse 1 power.

Mr Cowan said if the Bench considered the defence good, he would accept of a non suit, which was given. Plaintiff to pay costs of witness from Dunedin, L 9, professional costs, LI Is., and costs of Court, L 3 ss.