DISPUTED POSSESSION.

Gisborne Times, Volume XXVI, Issue 2180, 2 May 1908, Page 1

DISPUTED POSSESSION.

G'TION TO RECOVER A HORSE.

Tlio adjourned case in which Frederick C. I’eakman, of AVairoa (Mr. Blair) sued ex-detective AVm. Maddern (Mr. T. A. Coleman) for the return of a horse valued at £8 and £2 damages was concluded before Mr. AV. A. Barton S.M. yesterday. The case arose out of a horse deal for which a man was brought before the last criminal sessions at Gisborne, and from whom Peakman bought the horse, which was afterwards handed over to Detective Maddern, pending the hearing of the criminal charge. The detective in turn handed it to the owner from rwliom it was alleged to have been fraudulently obtained, and as the prisoner was acquitted by the jury, Beckman now seeks to recover the horse.

Frederick C. Peakman, in his evidence taken at AYairoa, stated that on October 5, 1907, he purchased,the horse from (David Johnson for £5. In Fabrau-ry, 1908, lie was summoned to bring tlio horse to Gisborne and give evidence at the prosecution of Johnson by Geo. Smith, of Gisborne. On arrival in Gisborne he took the horse to the police station. (Defendant, detective in charge of the case, told -him to leave the horse at the Railway stables. After the case was heard, the Justices asked defendant if lie 'would 1 return plaintiff the horse. He said he could not ; it was in charge of the -no!ice until the 'Supreme Court case was over. Upon Johnson being acquitted plaintiff asked 'for the -horse, but was refused, defendant telling him that, he was not entitled to it-, and that lie had no chance of getting it back, as the matter had been threshed out in the Court 'before. Plaintiff (heard Die •horse had been delivered to Geo. Smith on the authority of defendant. AVhen plaintiff delivered the horse to defendant, the latter promised it would remain in charge of the polico.

ill - . Sainsbnry, solicitor gave evidence of sending a letter to defendant demanding the return of the horse. Tlie defence set up was that the horse was uot received, and secondly, being .an officer of- the -polico, lie was not liable. Mr. Coleman called Claude Smith, who -also claimed ownership, and who gave evidence that seme time -ago he handed' tlio horse to a- man -named Johnson. Mr. (Blair objected to any evidence as to who owned the horse, and his Worship concurred. Maddern was the bailee of a chattel, and should -return it to the person from whom he obtained it. Mr. Coleman said if he was debarred from showing who was the owner of the horse, it- might be claimed that it belonged to plaintiff. Tlio evidence of ownership was admitted, the Bench making a note of Mr.'Blair’s objection.

Witness, continuing, said he was tho owner of the horse when he hired it to Johnson, who had no authority to part with it. To 'Mr. Blair; Detective Maddern handed the horse to him (witness) to take care of uutil the day of the hearing of the criminal case. Maddern had not asked him to return the horce'since. Mr. Coleman said Peakman bought the horso from Johnson, who hired it from Smith, and, whether the horse was fraudulently sold- or not, plaintiff was not- entitled to recover. He quoted -authorities to prove this contention. The defendant had acted within his rights by handing over the horse to the person from whom it was received, as the criminal charge had been dismissed. Mr. Blair said the defence set up was inconsistent with the evidence given, and Air. Coleman was not entitled to put forward a now defence after the evidence had been heard. Defendant had obtained a horse from Peakman, and, -after the acquittal of the prisoner in tho Criminal case, should have returned the horse to Peakman. He quoted .authorities in support of this view, The Bench said the point, previously raised, that notice to produce the '-animal had not been served on defendant, had not been- -answered. Mr. Blair said that if the point iwtis fatal he would ask -for a nonsuit. The Bench said the horse was in the custody of defendant as an officer of oolice, and the horse should have been, handed back to the .person from whom he received it. He did motlike to see cases fail upon fine points, but would have to allow -a nonsuit, with costs. ,