Hawke's Bay Times. Nullius addictus jurare in verba magistri. TUESDAY, NOVEMBER 21, 1871.

Hawke's Bay Times, Volume 18, Issue 1177, 21 November 1871, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. TUESDAY, NOVEMBER 21, 1871.

Ip. the Resident Magistrate's Court this morning the adjourned case of Caulton v. Lord, came on for hearing. This, it will be remembered, was a claim of j 615, the value of a horse hired by defendant, which had not been returned. Several witnesses were examined. Constable Coghlan deposed that when Mr Lord was approaching the station at Tarawera, he was holding the horse in and striking it with his heels. The horse was walking, and it

occurred to the witness that Mr Lord was "showing off" as he entered the camp. The horse did not then seem tired, but looked "flash."—Mr Lord said that when he hired the horse he stipulated that it should be able to take him to Cambridge. The horse was all right when he got to Tarawera, and the next day he rode him to Runanga. The hor&e then seemed tired, but next morning he was completely done up. By travelling gently and leading the horse part of the way, he got to Opepe that day, and left the horse there with the officer in charge, instructing him to have it fed daily with the regulation quantity of oats. On arrival at Tapuaeharuru he telegraphed lo Mr Caulton that the horse had knocked up and had been left at Opepe. Knew nothing further of the horse, and had taken no pains to ascertain.—Dr. Russell de-

posedjthat he had sold the horse to Mr Caulton some months ago for £ls, which he considered was below its value. It was a good working all the time he had it. Mr Caulton i-an it in the trap about six months. Witness told Mr Lord before starting that he believed the horse was quite able to make the journey. The horse's age was about 13 years.— Mr Stapylton C. Caulton deposed that he <*ave no guarantee with the horse; it was not the usual practice to do so. He recommended the horse as a good strong animal, and referred Mr Lord to Dr Russell, who could confirm his description.--Mr Locke deposed that lie travelled with Mr Lord on the occasion referred to. They went at an ordinary pace, and made easy stages. Mr Lord's horse seemed very good

when they started, but was qui'e knocked up at Runanga, and Mr Lord was obliged to leave it at Opepe. The i horse was not over-ridden. He could I not say what was the matter with the horse, but it was perfectly useless. It seemed doubled up, weak in the back and loins, and was lame.—Constable James Savage deposed that Mr Lord's horse remained in a paddock at Opepe with other horses from June 28 to July 20 In accordance with instructions, he gave the horse 61bs of oats daily. The horse looked very sick and ill, its eyes

were sunken, and it was shaking and seemed scarcely able to stand. Jfc got worse every day, and he did not know what became of it after il was sent away. The regulation allowance for the horses whs 1211>s of oats daily. Mr Lord's horse used to take his oats very ravenously.—Mr Lee summed up, and quoted authorities to show that no special guarantee was required, and that the fact of the owner hiring the horse implied a guarantee. Mr Lord, in paying for the horse's keep, had done more than lie was bound to.—Mr Stednian said that the evidence showed that Mr Lord had failed to take proper care of the horse.—His Worship said that the question of law was one which it would take time to consider. He would defer his decision till Thursday next at 11 a.m.