MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2232, 8 November 1907, Page 1

MAGISTERIAL.

THURSDAY, NOV. 7th

Before Air W. A. Barton, S.Ai

Drunkonnoss. —James Lamb was charged with being drunk in a public place, and was convicted and fined 10s, wit'll costs 2s, in default of payment 24 hours’ imprisonment.—James McGonville, charged with m similar offence, was fined £l, costs 2s, or in default of immediate payment 48 hours’ imprisonment. Procuring Liquor.—James McConvillo was further charged with procuring liquor during the currency of a prohibition order against him, and was fined £3, with costs of count 2s. Ownership of a Pony.—Thomas Halbert sued Heira Tatapiu for the return of a pony or £lO and damages £2.—Mrs. Halbert gave evidence that the pony was her property. The dam of tlio pony bad trespassed on lier property. Defendant’s father agreed to tlio mare being taken to tflio horse. After a dispute about a horse tlio pony was removed. Thomas Halbert said that be bad paid £2 service 100. Said lie would allow Heira something for the use of the mare, but defendant said she wanted nothing, as the foal was for plaintiff’s little girl. Defendant never made any claim on witness for the foal. It was tho common custom among Maoris to lend tho. use of mares. Had had a dispute with defendant regarding a fence, about a week before the foal was taken away. Asked def endafit' for the return of tlio foal about a week after it was taken away. Defendant said she could not return it as witness liad damaged her oats, and she further said tho pony belonged to her. Witness said it was queer that she had not claimed it before, but elio made no reply. The pony had been branded with witness’s registered mark for about three years, and defendant could not help 'being aware of this, but she never objected to th 0 branding. He valued the pony at £lO unbroken. By Mr. Nolan: When he saw defendant about returning tho pony did not offer to pay for it, .and could not remember ever having done so. Could not say if. any of Hoird’s pieopilo were present when tho pony was branded. —Mary TwtSpa, sister of defendant, sail! that her father had arranged with Mrs. Halbert to lend a mare to get a foal for Mrs. Halbert’s. —For the defence Heira Tutapa was the first witness. She stated that she never consented to the getting of tho foal. Was not proseiiit when the mare was taken away by Mr. Slierriff. Had a conversation with Mrs. Halbert regarding the foal, but never said that it belonged to Mrs. Halbert’s daughter. Saw Mrs. Halbert’s little girl.'Heira was away at the time, but witness told her 'about the arrangement on her return. By Air. ijjolan: When told of the arrangement Heira objected to it, and as far as she knew had always done so. Witness anti defendant had been friends for some time. Re-examined: When Air. Halbert asked for the return of the pony lie offered to piay for it, but tlio offer was refused. By Mr. Blair: Air. Halbert’s offer of payment was not for oats damaged. Did not know that the pony wlis branded. —Hare Tutapa, father of defendant, said that when the foal was born the mare was running in his paddock at Aleremere, where it remained for three weeks 'until taken by Halbert to Whatatunii. When the foal was shifted to Ripiwlvaka last year witness saw it was branded. Re-exam-ined : The p'O'iv was worth £2s.—ln giving judgment th e S.AI. said he was satisfied that the mare was lent for the getting of a foal. Judgment would be for plaintiff for amount claimed, to be reduced to 10s on return of tho pony, with damages £l, and costs £2 16s 6d.

Judgment Summons. —A. AI. Lewis (Air. Blair) claimed £6 11s 6d from Edward Bloomfield on a judgment summons. An order was made for immediate payment.