Feilding R.M. Court

Feilding Star, Volume X, Issue 65, 8 November 1888, Page 2

Feilding R.M. Court

-• This Day. (Before R. Ward, Esqr., R.AI.) John Pollock v Arthur Tackev.— Claim £4 5s 2<i. Judgment for plaintiff and costs IO». A. Hannett v C. C. Neilson.— Claim * £4 si. No appearnnee of Neilson. .fudgiuent for plaintiff &n d costs 7«. . D R. L< w.rs r. D. E. Amesbury.— Claim £11 4s 6d. Mr Sandilands for plaintiff. Mr W. W. (Jorpe prored tl • claim. Judgment for plaintiff with oosta 3 is. T. Wnght and E. Hughe* v. E. Good* behere, as secretary of the Birminsrhira Small Farm Association.— Claim £20 17* 7d Judgment for plaintiffs with costs. In these cases the secretary merely, re* quired an order of the Court as to whom tlie money should be paid. H. Bailey t. A. C. Haythorne.— Claim £7 ss. Mr Sandilands for plaintiff. This was a claim for certain cattle alleged to hare been sold to defendant. Henry Bailey, deposed : Was a farmer residing in the Kiwitea; Mr Den ton told him 3 of liir cattle were running on Mr Haythome'i land ; told Denton he would sell them to Mr liar t home ; asked Hay* tborne for the monoy ; he refused to pay for the cattle, or let him take them away unMl he (Mr Hay tborne) bad mustered ; went to Haythorne's, and pointed out to him certain cattle, which did not belong to him; Haythorne admitted he had branded one in mistake; he agreed to take 3, and the fourth one is there with plaintiff's brand on it; heard that defendant had mustered and sold his cattle; went and saw him, and he denied all knowledge of the cattle, and told witness to go to blazes. Mr Prior, who appeared for defendant, cross-examined witsess as follows : Had received £7 5s for two heifers and two steers; before he bought them Hay* thorne sent him word there were certain of plaintiff's cattle on defendant's land ; did not agree to leave a beaut m Haythorne's paddock until he mustered ; Mr Thomas l>enton was the person he authorised to be present at the muster; saw the cattle a week afterwards; Re examined: Saw 6 cattle— 2 he had paid for, and 4 which had not been settled for. Thorns; Deaton deposed: He was a farmer at Kiwitea; had a conversation with Mr Bailey at his house about taking away *ome cattle from Haythorne's ; oittle belonging to all the settlers, were running on the rirer bed; took them to Haythorne's yard, where they were drafted ; saw 5 of Bailey's ; Haythorne admitted 2 steers and a heifer were Bailey's, and agreed to buy them ; the cattle belonging to the other settlers were taken away ; Haythorne said he would brand the cattle in his yard; know Bailey's cattle well, and was quite satisfied they belonged to Bailey when he sold them to Haythorae at same price a.* a previous purchase. Cross-examined : Had. seen the cattle in Haythorne's paddock before; they were in the nver bed when they were mastered; it was after the cattle were mustered he saw Mr Bailey; .was not present when Bailey sold the first 4 cattle to Haythorne. Re-examined : At a rough guess lived a mile and a-half from Bailev'g; the latter only runs a small lot of cattle. George Billett, deposed : Was a farmer residing in the Harbor Board Block ;■ knew Haythorne by sight ; was present at the muster ; there wen 6or 7 men assisting; did not know much about Bailey's cattle ; knew his brand; heard a conversation between Denton and Haythorne about 4 <^a:t.e ; Haytliorne pointed to 1 he had bouglit before. Cross-examined : Waa about 3 yard* off ; some of Mr Haythome's fence was washed down and the cattle could get out and in from, the nver bed. William Stewart, deposed ; Was a farmer residing at Kiwitea; assisted in mustering the cattle into Mr Haythorne's paddock : saw some of the cattle had Mr Bailey's brand ou. George Bailey, deposed : Was a son of plaintiff ; saw defendant about the cattle ; he would neither let them take them away or pay for them; saw 6 cattle branded GB ; on the 19th September went to see Haythorne who ordered him off the place. For the defence, Mr Prior said he would show that his ohent had only purchased onr lot of four cattle from Bailey. He called Mr Hay tborne who deposed : He was a settler residing at Kiwitea ; some of bis oattle were running on the' river bed ; bought 2 steers and 2 heifer«r from Bailey ; had not seen them for some" months and conld not tell their colors ; knew them when he saw them at the master, because he had been seeing them every day; when the cattle were being drafted saw several with CB on them ; Denton wanted to take them away ; told Denton he had bought them irom Bailey; Denied the truth of what Denton had said ; plaintiff and hit son came to him towards the end of January. After hearing further evidence from Mr Haythone, Mr G. Kidd, and Mr B. Saxelby, His Worship gave judgment for plaintiff for £5 los and costs; counsel's fees, 21s ; 3 witnesses, 20s each.