MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2103, 31 January 1908, Page 1

MAGISTERIAL.

THURSDAY, JANUARY 30.

(Bo loro Mr. W. A. Barton, S.M.) DISPUTED OWNERSHIP OF

A HEIFER

Hannah Courtenay (Mr, I l ', A. Nolan) proceeded against David Gordon (Mr. T. Alston Coleman) for £3, valuo of tv I idlin', or tlio return thereof William Charles Courtenay, laborer, Ormond, son ol pinintill said he 'knew the heifer about which the action was brought as belonging to his mother, who had bred it lroin a call. It was never removed Irom the paddock until it was taken away to the Matawhero sale.vards on November 14th by witness, helped by Stephen O’Sullivan. When the heifer was put up lor sale, defendant claimed it as his. The auctioneer said htflcould not go on with the sale. Later on witness went to take the heifer homo, but was stopped by who said it had jumped out of his; paddock a fortnight previously .--By Mr. Coloman: His mother had four cows, this heifer and a calf. Thg-il) were no other cattle Leasts on the property. Witness had a heifer there but ho sold it recently. Tho mother of tho heifer in dispute was an Alderney, and she had a small patch ol white on tho udder. Nearly all Aldernoys had a streak of white along tho belly. The heifer in dispute was in tho one paddock from when it was a calf till it was three years old. Did not think Captain Tucker had any land near his mother’s land. His mother had got a cattle brand after tho heifer was taken to the sale. For some time the family had been rearing cattle. Did not brand them beeauso they never left the paddock. Entered the heifer along with O’Sullivan’s as they were both much of a si/,0. At tho time of the sale did not see a stray red heifer about.—Reexamined : The heifer was reared by hand from birth.

Daniel Courtenay, husband of plaintill’, gave evidence'similar to previous witness, lie had seen the heifer every morning ever since she was a calf. In consequence of a message received lie went to the Matawhero saleyards and saw defendant. Defendant said there might bo some mistake, but lie drove tho heifer away.—By Mr. Coleman: The heifer was not in calf. Three calves were sent to tho eanio sale by bis wife.—Re-examined : Told defendant that if ho took tho hoi'fer ho would be made to pay for it. Stephen O’Sullivan, dair.vfarmer, Ormond, said he had known tho heifer for the past two years. Remembered young Courtenay driving the heifer to tho saleyards. Went over that morning to see if he. could see tho heifer, but could not. By Mr Coleman : Took two heifers and some calves to the sale. Tho heifers were about the same size as Courtenay’s heifer, and they were put up together for the purpose of getting a better price. Tho two lots of calves were not put up togther, because witness’s wero larger than Courtenay’s. Did not know plaintiff had more than one red heifer. For tho defence Mr. Coleman called David Gordon, who said he had a red heifer, the mother of which was a Shorthorn. It was by Mr. Reefstone’s bull. It was now about 28 months old. It was kept at homo for about five months, being then turned out at Matoke on some of Captain Tucker’s land. Did not see the heifer for about five months after that. From that time saw her once a week at least, until about tho middle of October. About the end of October found that the heitor was not in tho paddock. Searched for her, but did not see her again until lie saw her at Matawhero saleyards. Tho heifer had a streak of white from tho brisket to the udder. There was a. little white near the end of the tail.—By Mr. Nolan: Told Courtenay senr. after the sale had been made, the heifer would be returned. Since tlio sale witness bad branded and ear-marked the heifer. About three weeks ago Courtenay ashed to see tho heifer, and witness said he could see it at Kaiti. On Monday last moved tho heifer to Wliataupoko. • Thomas Long, settler, Matoke, said that on tho previous day had seen a red lieifor in Gordon’s possession. At Matoke had seen it running with other cattle for about eight months. The paddock adjoining the 0110 where tho lieifer was grazing, was leased by a Mr. O’Sullivan.—By Mr Nolan identified the heifer by the shape of tho horns and back, and by general appearance. All tho indications pointed to the beast as being a Shorthorn.— Re-examined: Had not looked under the belly.

Hubert Cilia rd, laborer, said lie was living at Matoke until January Ist. Used to see the red heifer in dispute every day lor about a month. She was running in the paddock in which witness grazed cattle.—By Mr. Nolan: Recognised the heifer "by the white patches on tho udder and on tho breast. —Re-examin-ed • Saw these marks at Matoke, and looked for them on the previous day. Alexander R. Wyllic, stock dealer, Matoke, said defendant had shown him a red heifer about two months avo. and on the previous day. Previously had seep tjie heifer in Captain Tucker’s paddock wluch-was next to- witness’s. Saw it constantly lor nine months. Had no doubt as to the identity’ of the beast.—By Mr. Nolan: The heifer had a peculiaily straight back. The S.M. said the weight of the evidence was in favor of .plaintiff, and ■judgment would be for the amount claimed, to be reduced to Is if the heifer were returned within 48 hours, with costs £3 17s. JUDGMENT BY DEFAULT. . Judgment by default was given in the following cases:—Official Assignee (Mr. F. Mb Nolan) v. T. Biddells, £59 12s, costs £o ss; same v. lc Hciha, £3O os Id, costs £3 11; same v. Moses, £3l 2s 9d. costs £3 9s; same v Frederick Gridin ml, £ls 4s, costs £2 Os 6d; IV. J. Brown (Mr l. Alston Coleman) v. Robert Allen, £o 4s, costs £1 3s Bel; H. Sandlant (Mr. Finn) v. Chris. V. Brimler, £5 15s 6d, costs £1 3s Gd; Mb Lissant Clayton (Mr. Blair) v. Francis Joseph Delaney. £l6 16s lid, costs £2 Os 6d . DRUNKENNESS. At tho 10 o’clock sitting John McLaren alias John Wilson, failed to answer to his bail on a charge of drunkenness. By 2 o clock he inul been •apprehended, and be was lined £2, with 2s costs in default < da vs’ imprisonment.