SETTLERS DIFFER

Hokitika Guardian, 5 July 1928, Page 3

SETTLERS DIFFER

DISPUTED OWNERSHIP. At the Magistrate's Court Mr W. Meldruin S.M. heard the following claim for possession of a cow, the parties being two settlers of Harihari. John Adinson (Mr Murdoch) v. E. Herlihy (Mr McCarthy) claim for £4 or return of a red and white -heifer. John Adamson, settler at Harihari, said he claimed a red and white heifer about 2j year old. It has his registered ear mark. The- calf when seven months old, got away, and after a month or so, did not hear of it again till it was seen on the north of the river. It ran with the mother for 7 months. Ho sent his son for the heifer and Herlihy' took it off him and put it in Kirby’s paddock. Herlihy still has the heifer. Valued at £4.

To Air McCarthy: Did not attempt to get the beast for two years. Had seen it with Herlihy’s cattle on the road and on his (witness’) run. John Adamson Jnr., gave evidcnco that he had ear-marked the heifer in question. The mother was a roan cow. The calf broke away after weaning and he had seen it about once a mouth running with other cattle. Saw Herlihy when going to get this heifer. He said all his cattle had his car mark. When corning back saw Herlihy, who claimed this beast and gave witness five minutes to put it back. Witness refused and Herlihy galloped in and cut out the beast and put it in Kirby’s paddock.

■ To Air McCarthy—The beast was earmarked, but not branded. To Air Alurdoch—AVlien Herlihy took the heifer he charged witness with having caught the heifer and having earmarked it on the river bed. This witness denied. Herlihy said bo bad not

reared the boast himself but bad bought it. Constable Aloodie gave evidence of serving a notice on Herliliy, and of going down to Kirby’s and looking at the beast. Saw Adamson’s ear mark on the beast and no sign of Herlihy’s ear mark. Adamson’s car mark was an old mark. AVlien Herliliy saw Adamson at Harihari the- night of serving the notice Herlihy said to- Adamson : “Hullo, you old cattle duffer, you’re the biggest cattle thief in the district.” He saw no brand on the beast. Herliliy' said be got the beast from Jones.

Edith Jones; wife of AVm. .Tones, of Alatainui, gave- evidence- of an exchange of cattle with Herliliy. The beast in dispute was not one that was exchanged with Herlihy. She had no doubt of this. Saw Herliliy later at her borne. She told him that it was not one of. hers. Ho said lie was sure she was mistaken. Herlihy had told her that his boy, Plummer, had marked one- of bis calves with the wrong ear mark, but that it was not the one in question.

Air McCarthy, for tho defence, said lefcmlant claimed to have obtained ;his beast from Mrs Jones.

Ernest Kirby gave evidence that lie was a farmer at Harihari. He knew the boast in dispute. It had been running with Herlihy’s stock. It was hand feci with hay when about 18-mos. old. The ear mark at present on the beast is as per copy- produced. To Air Murdoch—Witness refused AH Afurdoch permission to see the animal at Harihari. He did not hear AH Alurdoch state that he had Constable Aloodie and Airs Jones present- and wished to see it. AVitness told him to see Herlihy first. Witness made the copy of tlie earmark when a chain and A-half away. Constable Aloodie was close up to. the lioifer when lie looked at it.

The Court adjourned at 1 p.m. and resumed at 2 p.m. On resuming Air McCarthy agreed to the Court entering up judgment for the plaintiff. His Worship then gave judgment for plaintiff for £1 and costs, witnesses £| | as Od, court costs 225, and counsel £1 6s Od.