RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Times, Volume III, Issue 152, 11 December 1863, Page 2 (Supplement)

RESIDENT MAGISTRATE'S COURT.

[flijrt/re J. Curling, Esq,, R. M.; 11. S. Tiffin, Etq„j:P. ; and J. H. Campbell, Esq., iJ.J/]. TUESDAY, Bth December. Shirley v. Karauria. Plaintiff sought to recover possession of a mare taken forcibly from him by defendant, and proved that he bought her from a Mr. Bignell, for AlO, who was empowered by his son-in-law, the owner, to sell her. The mare had passed through several hands, having in the first place been sold by a native named Nikora, of the Purimu pa, to one M’ Kenzie for <£6, and she then changed hands as follows : —M’Kenzie sold her to Mr. Wood, bootmaker, Mr. Wood to one named Corben, Corben to Cornelius Rumble, and Rumble to plaintiff’s son, from whom plaintiff purchased her. Nikora, upon being called, denied the sale to M’Kenzie, notwithstanding that a bill of sale was produced with his signature, which he repudiated, but said that he brought in a horse belonging to Mr. M’Kenzie, at Ids request. Witness being requested to sign his name in Court, it was compared with that on the bill of sale, and found to correspond. For the defence, Karauria stated, that a native formerly in the employ of Mr. Rich, named Heremaia, drove in some horses into Mr. Rich’s paddock, amongst them being one of Karauria’s which was staked in attempting to leap the fence, and witness gave defendant the mare in question, as payment for the damage. Karauria branded her with K.T a few days prior to the death of Moananui, since which she had been running on the plains, close to the priest's pa. He then went to Waikato, but on bis return could not find her. Having business at Shirley’s, he saw the mare, claimed her, and afterwards took her away. Heremaia corroborated the statement of last witness, and further stated that he purchased the mare in question from one Pompey of Tongoio, when a foal, for £5. The Bench decided that the mare belonged to Karauria, to whom it must be given up, and committed Nikora for trial at the Supreme Court. Nikora was then taken into custody, but afterwards released on the bail of Major Whitmore, to whom Tareha and Renata promised to be responsible for prisoner's appnarance when called upon. Wiripo v Doherty. This was a similar case to the last, but defendant did not know the name of the native from whom he bought the horse. Verdict for plaintiff.