SUPREME COURT.

Evening Star, Issue 3718, 22 January 1875, Page 2

SUPREME COURT.

CIVIL SITTINGS,

Friday, January 22. efore His Honor Mr Justice Chapman and a Special Jury.)

Blakely v. Holland. —Plaintiff in this case sought to recover the aura of LI.OOO damages from defendants on the ground that the la'ter caused him to be falsely imprisoned and mali ious y prosecuted on a charge of cattle-stealing at the Criminal Session held at Dunedin in ctober. 1874. Mr Macass-y, wi hj him Mr Barton, appeared for plaintiff; Mr Smith and Mr Stout for defendant. E. F. Ward, Registrar of the Supreme Court, produced the information, d- positions, and indictment on the charge of cattle-stealing brought against plaintiff, and heard in this Court on October 7 last year. John Blakely, plaintiff, said he was a farmer at Ida Valley, living three miles from Blacks No. 1, and having resided there eight or nine years. He had previously been a butcher at Blacks, Defendant was a runholder about eight miles from witness’s place Witness knew a man named Atkins, living seven miles from witness and two from defendant. Witness sold some cattle to one Harrington in July last year, about twentyfive altogether. Fight or nine of them were running at Atkins's, and these 'witness delivered to Harrington ; the rest were taken from the Ida Valley run, belonging to Sir F. D. BelL Harrington and a boy there took delivery ot them. After delivery witness consented to drive them to Harrini<t in’s yard, about a mile away, a few day afterwards Sergeant M‘6ann visited witness There was a white steer in the first 1.,t sol<

.o Harrington. It was two years old branded B on the off ba k, and having tin top of ne ear cut, and also the tip of th ail. This was done by witness at the sanr, time as he branded nine more of the cattle

I’tie catle w*th puivha.ted Imh one Urur>, of Loi g Valley, Teviot, in 1872, and there w.re tour calves aui-ngst the lot, noue ot which were branded. Witness drove in the iteer with the cat’ le from Aokinn’s Flat, a man n fined «. bailey Paganinni assisting. Some days afterwards Sergeant M ‘Gann met witness and took him to the locn up at Blacks, where he was kept about twentyfour hours. The next morning he was brought to the court, before Warden Simpson, for cattle stealing. A charge was read out—the information now produced—and defendant made a statement on oath. Witness was remanded to Clyde, being taken back to the lock-up for an hour, and then bailed out, in LSOO. • his was on August 13, and witness again appeared before Warden Simpson, and defendant and other witnesses gave evidence, the result being that witness was committed to town. Ho was represented at the Clyde Court by a solicitor, Mr Wilson, and was bailed when tent down to Dunedin. Came before this court, was tried and acquitted tie was defended, and the expense of defence in the various courts amounted to about L3OO, taking into constration the loss of time and the not getting in of his crops. Witness prid Mr W'ilson LIO 10s, and his lawyer in Dunedin L 42. About a month’s time was occupied in the proceedings. There were alto the expenses of four witnesses, amounting to L 52. Crossexamined i Could not afford to pay anyone to look after the crop while away, as he bad very iutle m at ihe time. Witness would have put in about sixty actes of oat?, about twenty of which was ploughed; but it was no use sowing them as cattie might get in and trample them down, ‘i he bad weather detained witness in town after the trial, as he did not wish to his wife up in the wet. Witness never handled any of the cattle before putting them into the yard for branding. Had often driven mobs from A tkins s, but did not remember a particular mob in March, 1874 Bought about forty head off i,harJes Mullens, of Tuapska, about chat time, and branded some of them. Could not remember if he drove a white steer, uubranded, from Atkins’s in that month, or up to June If one strayed back fhere wi hj the brand B on the off back, wita the tip of one ear off, and a so the tip of the tail, and with defendant's brand obliterated, witness knew nothing of euch a transaction Did not rememuer what evidence Martin gave when the charge against witness was heard in this Couit, Witness hid seen both Martin and Atkins in town before the present case came on, bur bad said nothing to the former about the action ; he had often spoken to the latter about the delay in the case, but no further. Ke-examined; Witness o titrated the white steer himself that he frad brought from Tuapeka at the same time that he did tbrep other bull calves. James Henry Holland, defendant, runholder, said ho had lived at Blackstone Hill seven years, but only knew plaintiff by name. When he laid the information against the latter for cattle-stealing he knew he had a farm, but not before. Knew then that he had a large farm, and had dealt extensively in cattle. In September, 1874, witness had a mob of cattle up from Port Molyneux, but did not see any ot them before they arrived on his station. Patterson and Anderson drove them up Witness had been at Clyde in ctober, 1873, and overtook his shephem driving a white steer down towards Atkins's; but the rest of the mob had been deliveiedat the station in September. Did not pay any particular attention to it, so that when he aft*:-wards swore to the information charging plamlitf with stealing the steer he was no* in a position to swear to the beast. If asked to svyegjr ££at the steer in question was one of his own cattle witness could not say so o: his own knowledge. He had simply acted on what Patterson and Aikius bad told him. Witness registers his brand, and the police sergeant has a list of the brands in tis district. Patterson told him on Ju.y 9 that he had met Atkins’s son, and was informed that plaintiff had taken the steer away. Hid nit cake any steps till the next month, as he imaginedtoe beast would beconsumed. Thevalm of it was between L2 andL3, but witness did not think’it worth while to ask plaintiff for au explanation - of the matter before Lying the information. Patterson told him the earmark had been cut off the steer. If any of his neighbors had done what plaintiff was supposed to have done witness did uot think he would have served them the same.

(Left sitting.)