SUPREME COURT.

Evening Star, Issue 3719, 23 January 1875, Page 2

SUPREME COURT.

CIVIL SITTINGS. Friday, January 22. (Before His Honor Mr Justice Chapman and a Special Jury.) BLAKELY V, ROLLANO. Defendant, under cross examination, said: Paterson told witness that the white steer had knocked up near Ohatio Creek, on the road, when the mob was being driven up from Port Molynenx in 1873. The animal was cut and marked with the station ear-mark by Anderson, who left the animal at the place where it knocked up. Witness’s station mark for years had been two triangular notches taken out of the under or back part of the ear. Atkins spoke to witness about this white beast, which had then been running with Atkins’s milch cows. Atkins accompanied witness to Harrington’s yards, and expressed the opinion that a white steer there was the same beast. Paterson identified the steer also, and expressed n» doubt about it. Witness certainly and heartily elieved, before la3'ing the information, that Blakely had been guilty of stealing the steer by feloniously obliterating the ear-mark, and putting on his own brand Witness did not think that a man of Mr Handyside’s stamp could be capable of cutting off a neighbor’s ear-mark. When a man purchased an animal and re-marked it, it was not psual to obliterate the former ear-mark. The" mark was put on the other ear. Witness did not know that the cutting off of half or uearlyThe whole of an animal’s ear was known as “the' rogue’s mark.” This closed the plaintiff’s case. Mr Smith moved for a non-suit. It did not appear how plaintiff came to be arrested, and, consequently, there was nothing whatever to connect the defendant with that circumstance. Therefore, so far as the first count was concerned, there was no evidence in support of it. Aa to the second count, he submitted that plaintiff had not, as plaintiffs were always bound to do in such actioi s, given some eviden e, however slight, of want of reasonable and probable cause. The plaintiff had nut only failed to do that, but he had actually supplied the Judge with that evidence upon which he (Mr Smith) had a right to ask his lienor to say there was reasonable pr probable cause. Hjs Honor said he’thought there was a case to go to toe jury, but he would reserve the point raised. ' No witnesses were called for the defence. The jury found for the plaintiff—damages Ll5O.