RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume V, Issue 254, 19 April 1865, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, April 18. I ~ Before J. CratiNG,’Esq., E.M. BREACH OE THE CATTLE BRANDING ORDINANCE. Henry Alley appeared to answer an information laid by William Burton, for that he, the said Henry Alley, within the space of two months now last past, did brand a certain bull, rising two years, the property of the said William Burton. William Burton said :—l reside on Meanee Flat. About four months ago I saw some cattle - belonging to me being driven by one John, Wiggings along the road past my place. John Higgings was and bow is in Mr Alley’s employ. T asked him why he was driving my cattle, atid he said he had taken the cattle to get one of Mr Alley’s home which he wished to slaughter. I said I did not approve of my beasts being driven from the ground. I pointed out a young bull amongst them which was not branded, and he said be could not get his beast away without the others being with them. I allowed'him to take them on the condition that he brought them back that night. The young bull and its mother was with them. The cow returned that night, hut the bull was absent. The cow was not brought Back ; she came back. I saw Higgins a short time afterwards, and he told me that the young bull had broken from the yard and gone to the plains ; that he knew the beast, and would keep his eye upon him ; and that if my son went up at any time he would assist him in bringing it back. It has never been brought back to me. On the 20th of March last I was coming to V a pier. I was overtaken by Mr Dclbel and Mr Guppy. Wolbel inquired whether I had a summons for Mr Alley for branding my bull. I told him Alley knew my beast too well to brand it.; I afterwards met Mr Heslop, who also spoke to me about the bull in question having been branded, by Alley. On the 6th of April instant (Thursday), Louis An sell Tiffen was at my place. He also said he heard Alley had branded my bull. He told me he had heard it from Michael Groom. The next morning Isaw Groom andi spoke to him about the Beast, and he said he had been told by Thomas' Masterson that Alley had branded ‘ the bn 1 !. He had seen it, he said, with Alleyls brand on it. On Saturday, the Bfh, I sent my son to look after the beast. I came to Napier, and my son afterwards followed me and told me that he had discovered the beast in Mr Alley’s paddock. On Sunday morning, the 9th, I went with Michael Groom, my son, and William Young. I then saw the beast in Mr Alley’s paddock. I knew it to be mine. ,

Cross-examined by defendant.—The bull in question had been in the habit of running on the racecourse. I hare branded no cattle for three years, excepting in September last. The bull was driven off Mr Tiffea ? « land. There are several other cattle running there. I see my cows and calves once every week. Michael Groom, —I can swear that the bull which Mr Alley has branded is the ore which Mr Burton had previously pointed out to me as being his. It had been .in my stockyard and he took it away. It was about 20 months old at that time. It was not then branded. I saw it last Sunday morning in Mr Alley’s paddock,' and I knew it to be the same animals which Burton had owned as his. It is a hull which, }Cpuld he. easily known from its color and breed. Its color is light red. I.have no doubt the bull, in question is the one Burton said was his.-. I have no-doubt of it., William Young,—rl reside at Qreenmeadows. I have seen the bull in question running with Burtons cows, I saw it last on Sunday the (9th.) in Mr Alley’s paddock. , I recognised the animal at once. I knew, the beast at once.. There are not many like him. He was branded a hen I saw him in ; Alley’s paddock, but I do not know the brand. He is a beast easily distinguished from his colot and general appearance. There are very few like it. I could pick it out from a mob. ■Mr Alley also has.cattle running -all oyer the plains. They are all mixed.

John Higgins,—-I was driving-some cattle about -, last September belonging jto Mr BUrton to get in a beast of, Mr -AJlej’s to.be slaughtered. Burton" and.hia son came out on the'road and stopped .

me, and epoketo me about their cattle. I explained to them the reason why, and Burton then, gave me permission *td drive the cattle. Some conversation then took place about a young bull which was amongst the cattle. I subsequently saw Mr Burton' and told him the bull had got' away from Mr Alley’s stockyard - and was on the plains. I offered to assist in taking it back About three weeks ago I saw it in Mr Alley’s paddock It was then both branded and castrated. It was branded with Mr Alley’s brand. I was at that time in .Mr Alley’s employ. I was not to my knowledge present when it was branded. The brand was fresh when I saw it. When 1 first brought the bull in, at the time Burton stopped vae, 1 mentioned to him that Burton' claimed it as his. I have no doubt that this animal branded by Mr Alley is the one which was claimed ,by Burton when I passed bis place. It is one easily recognisable. ' ' ‘ Henry Alley, in bisdefenoe, said;—l claim the bull in question as my property. I have cattle running on the racecourse there, I had some red calves about 2\ years ago of a similar color to this one. I had > not seen the cattle for about a year before the time the cattle were brought to my place with this bull. The bull being so wild and coming up with my cattle, I naturally thought it was out ot one of my own cows. T therefore took him in and cut and branded him. Mr Burton’s cattle seemed to be so very quiet so I thought it was mine. ' Thomas Gebbie said:—l know the bull that is now being claimed, by Mr Burton, , I do pot know to wbom it belongs. It had been running on Mr Tiffen’s run with Mr Alley’s cattle. It was always with Mr Alley’s cattle when I saw it. Convicted in a penalty of £lO, and costs £2 4s 2d. 1 A civil case arose out of the foregoing, in which the plaintiff claimed the bull in question or the sum of £ls in lieu thereof. Judgment was given for the plaintiff for the amount claimed and £3lss costs ; but if the defendant return the bull to plaintiff and pay costs, satisfaction to be entered. Defendant paid the costs on the spot, and promised to return the bull.