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MAGISTERIAL.

Wednesday, July 25

Before H. W. Bishop, Esq., S.M.

J Curtain v A. Halliday, Mr Mclver for plaintiff. Defendant applied to have her evidence taken in Nelson ; hearing of case adjourned until next sitting of S.M. Court here.

In one case, in which J Howard was plaintiff, judgment was confessed and entered up accordingly.

F. Monk v A. Bell. Claim of £67 19s, for 1199 pig’s snouts (400 «t 6d each, above that number Is each), and 720 rabbit skins (at 6d each) af animals killed on Green Hills, between 20th March and May 28.

Mr Stringer for plaintiff ; Mr Joynt, with Mr Mclver, for defendant.

At request of Mr Joynt, all witnesses were ordered out of, and hearing of, Court.

Mr Stringer asked that Sweeney be added as a plaintiff. Mr Joynt objected, as it would entitle Sweeney to remain in Court during Monk’s examination. Contract was not made with Sweeney. Mr Stringer said the point was not material, Sweeney could be added after, as a plaintiff, if necessary. Sweeney then left Court. Mr Stringer, in opening bis case, said that the action was for recovery of £67 19s—according to particulars, set forth above. He recited how contract was entered into ; arrangement about rabbit killing ; delivery of the ‘ spoil,’ and its being locked up ; of payment being refused, without valid reason, forcing this action. Skins had been exchanged, and this had caused Beil to become suspicious. Frank Monk, rabbiter and pig-killer, sworn, gave evidence as follows:—Contracted with Bell, in March, to kill pigs on Green Hills, where he went shortly after on i.-rms above reelt-a. Bell agreed ’•? Sweeuey being his (Monk’s) mate in work. Nothing was Skid about rabbits until week’ifter commencing.'when Cell -gid. he «ssld fid ,-r.»4 rabbits kiileb Nn ij.ention Was made •: skins until after >.e took fiO snouts in. Afterwards killed pigs and rabbit'; as came across tnem. Sweeney took in 1.5 snouts. With these exceptions went on killing uninterruptedly. When passing station took in 500 snouts before finally’ concluding, when shifting last canin. Went all over run. Went into statin May 28, with what then hail. Total c s .fonts was 1,199, with 720 rabbit ’ ’/’ a got to station saw Bell. Le.'t unloaded pack. Bell counted mil and skins in front of store with ns. Jade tally of snouts right. Ma .Ic o a iswer about skins. Did not dispute uimber. Told him what he claimed. Bell took skins into store, locked them up, and said would not pay. Said had reasons of his own for not doing so. After that went down to stable. Had few words, Bell wanted to search our swags, but wouldn't let him. He said had 2 bags of rabbit skins in our swans. Had in bag G dozen skins, dog chains, and some pig tails. Had dealt skins away to Chapman for dogs ; a swop. Saved pig tails for his mate to make mat with. Bell and Sweeney wanted to wager away about skins being in both bags. Ultimately was going to Kaikoura, but after row went home. Had only 2 saddles. Took bag of skins and planted it off road ; never saw bag again. Bell said would have to summons before be would pay. By Mr Joynt—Have had fair amount of pig-killing; 4 years. Not killed pigs ou Green Hills before. Done so on Fernihurst and Hawkeswood—never did any rabbiting. Practice with regard to killing pigs was usually to take snout. Took tails and snout for Mr Pow some time before. Never took both elsewhere ; usual to take one or other. On Green Hills take snouts. With regard to rabbits, matter was one of arrangement; some places took scalps. Smoke dried some snouts over camp fire ; others with ashes, and some with salt. Not usual to bring in snouts when came in for stores unless made arrangement. Left first lot when passing station. Second lot Sweney pig-killed io. Did not take others because Bell was away. Was at G. Hills 10th May. Don’t remember taking any in then. Thought Bell was not at home. Did not know why. Snouts soon go rotten. Knew when got there Bell was not at station. Passed station on 15th May, left rabbit skins. No one there to count snouts which would go bad. Killed rabbits all over run, most on Coast country, on part called Jacky Daft'. Got about 500 there ; remainder all round. Was little over fortnight at place called

Kiki. Took skins to camp and dried on wires. Sweeney cleaned rabbit skins. Whole were dealt with in same way. Didn't deliver al) the skins of rabbits killed. Didn’t know at time were not same skins. Could not say when first knew were not same skins. (Point pressed by Mr Joynt).— Would be about a week after found skins were not those of rabbits killed. Can't say how long before skins will become moth eaten. Ken.einher Bell and Campbell visiting their camp. There were rabbit skins there. Remember last lot of rabbit skins, 18S in number. Bell pointed out 2 skins looked old. Merely said they looked old. These looked different to first lot. Don’t remember being asked why moth eaten. Don't know that they were so. Not had any experience as rabbiter. These 188 were skins of rabbits killed before took the 500 in. Tile 188 got wet on packs as went into station. Killed pigs nil over G- i fills country. Noton any other. Killed 3 pigs on Conway Hills put their snouts into swag with rest. No mere anywhere else; were not on Ferniburst country. The two properties don't join Was not on Claveriey. Did not kill pigs on either Claverly or Fernihurst, lilt 3 .on Conway Hills. Never took snouts before, always tai's. Never tolo Beil or anyone else skins were not those of rabbits killed on G. Hills. Live at Boat Harbour. After finished contract went home. Sweeney accompanied him to where road turns off down Kabautara. Bag planted by Sweeney contained 40 dozen skins. Did not. think usual thing for an employer to search swags. Bell felt bags. Said more rabbit skins here. Sweeney ordered Bell away, would not allow him to touch swags corrected Sweeney as to skins being in his swag ; had 6 dozen, got from Chapman who was an all round sort of workman ; shearer, pig hunter and rabbiter. Got most of skins on Jacky

Duff country in fortnight Good many rabbits on it. Good big piece of country. Had only riding saddles of own, 1 station, pack saddle. Bode away from station bare back, put swag on other saddle. Hadn't saddles to take skins, saddle was hurting mares back. Had one hag full of skins and 2 swag bags. When got to Greenburn Bridge cutting Sweeney planted bag, intending to go for it next day, but vas wet. Told Bell at'Kaikoura races in May bad little over 1300 snouts. Remember told him got fair number of rabbit skips, told him mostly on Jacky , t ? I»ff cowpiry, and Don't know flow par J D His dogs were pig dogs--e...Hics , Sweeuev had mixed lot. Did not keep record of pigs killed each day. Began work March 20, about week after began to kill rabbits. Cut few tails off each day. Bag that contained the 40 doz skins was hanging near camp visited by Bell. Had not small tent pitched in which the skins were placed, Reexamined : First Jot of skins ■was 530 left with Mr Houl. Did not

'eave any more skins till finished work. Had most of the 188 wet did not. deliver at as would go mouldy. Had big block of country to go over, 10 to 12 miles. In many cases long way from the homestead. Dried snouts on strings. Those salted were not ; nt up till after. During contract visited home. Went across Claverly country. All pigs killed were on G Hills, other than 3, which were about mile fumi G II country. Not easy to get dogs off. He and Sweeney limited separately, starting at daylight, getting home late. John Sweeney, laborer, called, had done 4 to 5 Winters pig-kiiiing and rabbiting. Did 3 Winters pig-killing on Green Hills. Joined Monk in his contract and started with him. About week after starting met Bell, AV ilson and Goodall. Bell said would give him 6(1 skin for al! rabbits killed. Got rabl its vlmi could, fnouts were dried in tamp fire, some in sun, and others salted always did this. Always had to produce snoujts. Did not know what stations did with them. On two different occasions crossed the I ottndiiry and killed pigs on t'iavcrly ti at dogs started on Green Hills, where be returned immediately. Did not p<> on to Ferniburst or Conway Hills country. Had pig tails for purpose of making a mat ; intended to 'save 300. Larger tails better for mat. His mate got small and large ; all were in bag. (I’mtail mat produced). In consequence of arrangements, Chapman took 30 dozen old ir.brit skins to our camp and tookaway t’,U (l< Zin new in exchange. Was not at camp when l.e did it. Claim made was for 720 rabbit skins. Delivered that number to Beil. Chapman must have replaced equal number taken. Did not think of it. r.or did rot know’ that Chapman bad changed skins. Tied up skins in bundles ».f dozen and 5 dozen. Bell said he would not pay l(.r them as some were old, after locking them up. Had altercation at the statues. Beil wanted to examine bags, and said they contained skins, but Monk stopped him. He (Sweeney) threatened io uni lump on Bell lie wouldn’t rub off. Wouldn't allow him to search bags because they contained private property.

Went away with bags. Had 3 horses, 2 saddles, hid to leave station pack. Monk rode off bare back, about to Black Hills. Hid bag of rabbit skins at Greenburn. Took 2 swags home—couldn’t manage to take all on one horse when Monk left. Went up on May 31st, ami faun I bag or skins gone ; heard Bell had taken it. By Mr Jojut.—-Killed pigs for 3 winters 1885, 1886, 93-94. On ail occasions dried allj snouts except those got day or two before ca i:e in. Cihaptnm to d ns, about week after, in Kaikoura, he had exchanged 30 doz. skins. Made arrangement with him during time of pigkilling, for rug-making purposes. Said o'd skins among his, wanted fresh skins Did not tell Bell or anyone on station. Heard Bell say that lot were old and moth eaten. Didn’t know then that Chapman had takdiany. Not fact that great majority of the skins were old- Both 500 and 188 were not old skins. Bell did not point out that first lot were moth eaten, said last were. Got some on front country ; some killed on Flax Hills. The 188 are what he said were moth eaten. Didn’t tel! Bell about arrangement with Chapman. About fortnight after went out 1 egan rabbit killing,—4th or sth April Was in at station about April 13. Don’t recollect Beil asking about it, may have said had not bothered about rabbits as spoiled dogs for pig killing. Delivered 64 snouts March 24; 15 more April 30. This lot was one day’s work as was coming into station. Didn't bring in snouts other times as Bell was not at home. Had dispute last year ; said too small, dried up. On one occasion took them buck as Bell was not at home. lloul could have counted On May 15 had snouts but took away again, on account dispute last year. Monk knew this. Don’t know why didn't take snouts in on 2 previous occasions Killed most rabbits on front country, about Jacky Duff. Camped on coast, little over foitnight. Don’t know size of block. Good many rabbits on it. Was over it pig killing in 1893. Same offer was made then, but didn’t kill any rabbits. Not a fact didn’t want to kill any. Left his mate when that block was reached. Told Bell there were 534 rabbit skins on May 13; charge for that. Counted bundles of skins from time to time. Made no note. Took Chapman's word for what were previously left. Thought they had about 18 to 20 rabbit wires. Got wi'e along fence. Was saving pig tails to make mats Didn’t want to trouble about tails until towards'er®; when they began to collect. Got about 150, wanted 300. liemem: cred seeing Bell about May 26th, told him had killed about 1400 pigs, Remembered Bel! saying report had reached Babbit Inspector about rabbits being numerous about the Owharo. Conversation took place about Flax Hills camp. Hadn’t charge of bag with 40 doz skins up to 2 days before finished work. They were Monk's, who brought them to camp. Was not with him when he got them. Don't think they were there when Bell was at camp. Dried tails by fire and put in bags. Rabbit skins and dogs chains were in bags. Monk put tails &c in bag. Took Monk’s word for it. Did not know why Monk brought the 40 doz skins. Had about 150 pig tails, in bag by fire place. Monk returned to camp late on evening of Saturday’ May 26. Was not at camp then. On Monday 28th went into station with bag containing 40 doz skins, chains etc. Monk bad 6 dog chains, also blankets, &c ; 3 bags variously filled. He got to homestead after Monk, when counting was going on of pig snouts and balance"of rabbit skins. Bell pointed out both skins and snouts looked old. Bell came up when they were packing ready to start. Turned round and saw Bell feeling bags. Bell raid, *2 more bags ot skins’’ Told him to leave bags alone. Said there were no skins in one of bags. Was going to make wager, but Monk said there were skins in bags. When Bell refused to pay, got wild, wouldn’t let him search. Had be asked him civilly at first would have told him how Monk came by them. Went away with 3 bags. When got to Greenburn put 1 bug away. Was going to oblige Monk, who had 20 miles to travel, while he had only a. few. Didn't want to leave anything at station to be sent by coach, but did leave portmanteau to be sent by a friend. On account of row would not have skins. Didn’t get very wet leaving lag in bush; had dungaree jacket on. Gor. station cartridges. All rabbits were not killed with same shot. Used cartridges 2 and 3 times, using shot he bad saved for years ; various sizes. Was camped at Ki Ki. Hunted from there when on Jacky Duff country. Don’t know how Monk brought skins to camp on May 26. Had 2 pack saddles, both belonged to station ; left them there. Thought both saddles were at camp. Don t think told Bell that all skins were genuine ones, shot on Green Hills.

Sweeney re-examined—May have made statement about skins. Winter skins are best for rug, hence Chapman wanting

them. Did not kill rabl its in 1893, because (li.ht’t care about letting pig dogs kill rabbits as it would spoil them. Not sufficient dogs then. On 28th May didn’t know tlu.ie were any skins in Monk’s swag. (Court here adj mrned for lunch.) Win Hy (harman had for 16 or 17 years been pig killing; did some rabbiting when boy. Knew Monk ami Sweeney well. Arranged with them to deal skins. Visited their eamp, exchanged 30 doz old skins lie bought from AA'm Taylor for new ones. Didn't see either Monk or Sweeney for some time after, about week after they knocked off. Monk was to let him have 2 . pig dogs for skins. Got 40 doz end left them at gale going into Conway—from where they were to be taken by Monk. Learnt after that Monk received them. Usual to dry snoutsf; unless dried or pickled to preserve them would rot, could not count. He bad to produce both tail and snout on Ferniburst. Crossexamined—Arrangement was to chop 30 doz skins. Can’t say when rabbits were killed. Gave Is doz for old skins, Taylor asked Is 3d, offering few fresh skins at 2s 61 doz ; deal with Taylor was beforemade arrangement. Exchanged with Sweeney on even terms, old skins for new. Knew had to kill. Didn’t trouble him what Sweeney did with skins. Was an older hand than Sweeney, perhaps few’ years wiser. Killed last 3 winters, also before. Sometime in April knocking oft in middle of June. Bigs not so numerous this year. Main of pigs lay on front of country, towards Conway river. Did not find many dead pigs. Said had not seen so many on country. Said found good many dead with snouts cut off, one reason. Found 3 or 4. May have said that was reason for not killing so many Maj’ have bad good long chat with M. and S, since Court adjourned. Don’t know anywhere near about when they knocked off at. G. Hills. Not very good scholar (Mr Joynt : You are in one way !) They told me about a week after. They said there was row about pigs and skins. Killed 500 pigs on Conway Hills in about 2 months. Was in Kaikoura about once a foitnight. Before pig killing commenced agreed to give 40 doz skins lor Monk’s pig dogs. New skins were best for rugs. The custom of taking skins in was question with Manager. Don't think Monk knew of arrangement with Sweeney. They were camped at Kiki. Monk, recalled, said he picked up the 40 dozen ta bis brother-in-laws, and took ■ Sljehi at camj\according to agreement. Bis idea was to sell them in Kaikoura, being top old for use for rug. * Cross-examined: —Didnotknowquality of Chapman’s skins until saw them. Not being satisfied with them did not deliver dogs ; held them ; would stand by deal. Was not party to giving 30 dozen new skins for old ones. Thought could sell old skins in Kaikoura to storekeepers ; never sold such before. Mr Joynt said the basis of defence was that a deliberate fraud had been committed on Beil with regard to the rabbit skins, us Chapman’s evidence showed. If they would do it with 30 dozen, wjty not all ? Fewer rabbits were on the country ; the Jacky Duff block was a small one, men ivere only on it few days ; great bulk of skins were old, considerably less than 100 new. The three men evidently knew their way about, particularly Chapman. There were grave suspicions about the snouts, trading being suspected. He commented strongly on the conduct, generally, of Monk and Sweeney, and said that the whole case was fraught with suspicious circumstances, con taining strong presumptive evidence of delibarate fraud.

Evidence for the defence, ‘boiled down, was, shortly, as follows:—!). Campbell, rabbiter on Green Hills, saw skins brought in by plaintiff. They were early season ones, drier than those he obtained in January. Visited men's camp with Bell. Few skins there ; only about 10 wires. Crossexamined—Beil opened men’s bags at their camp. Bell gave no reason to men for refusing to pay, but generally objected. Thought snouts obtained what might expect. AV. 11. lloul, storekeeper, Green Hills, had had charge of skins. Described them as old and moth-eaten; fur shed off when handled, AVhen delivery was given Bell refused to pay on that account. G. Taylor, farmer, carefully examined skins at Green Hills on May 25. Found them old, early Summer’ ones- could not have been got after middle of Apiil. Station man's skins, caught earlier, were decidedly much fresher. Very few were greenish. C. Wood, sheep farmer, Lynton Downs and Swyncombe, gave corroborative evidence as to quality of skins, which he had gone through. Some appeared year old. AA as at station at altercation between men and Bell.

J. Pow, manager Ferniburst. adjoining Green Hills country, had pig-killing contracts yearly, aaree . ent being production of snouts and tai's at 6d for pair, ( haptnan commenced in April, bad to deliver every week, said when he started pigs were scarce ; had seen few dead ones, ami asked for more money. He (Pow) thought pigs more numerous this season. Crossexamined— Chapman got more pigs as he got away from Green Hills. G. Beckett, rabbiter on Kabautara for 14 months, had frequently and thoroughly worked Jacky Duff country. Camped there in April about 21 (lays, with 10 to 12 dogs, also using ferrets, gun and spade. Only got 5 doz rabbits, there being very few. AVould take 2 men 12 months to kill 500 on it. Swear rabbits claimed for were not got on J. D. Country. Pigs were not numerous there. Had 10 years experience rabbiting in N. Z. Evidence ofL. James and P. Adair unimportant,

John Tate, Claverly shepherd, on May 5 saw 2 carcases of pigs, one with snout off, on Conway Hills, about 1 j mile from G.‘H. boundary. A Bell, Manager Green Hills, after giving evidence as to contract made ; allowing Sweeney to join in Monk; supply of ammunition, etc. Said on April 13 SweeneyXtold him they'had notgot[any rabbits, as hunting them spoiled dogs for pigs. Was away from station between 3rd and 16th May. On May 17 Houl informed him of 500 skins having been delivered. Made minute examination of them in presence of witnesses—Dunbar and Houl. Found tnem in bad order, being early season with exception of about 25. Jacky Duff country was not badly infested with rabbits. Saw Monk at races May 24, he said bad over 1300 snouts and good many skins. AVas very confused in his replies, wanted to avoid him. Visited tbeir camp at Kiki, appeared only occupied 2or 3 days. They only had 9or 10 wires. Could not have been bag of skins there without his seeing it. Saw Monk return, hadn.t a bag. (I’ urther evidence about the delivery and altercation after refusal to pay). The snouts were not same as last year, when they were flexible ; Sweeney was one of killers then. Found bag secreted in bush at Greenburn. Passed Sweeney’ near Lynton, his jacket was very wet. (Put in bottle containing grub of moth found in skins).

Cross examination by Dlr Stringer was to show thcfja-Jigrch BelUhougiitTothpigs and rsoi.its more nurilerous than in previous year, witness held his first opinion was wrong; letter produced to show’ his former opinion favoured first opinion. Cross examination was of severe character, counsel urging that skins should not have been appropriated, asked witness if he would not feel highly indignant and offended if the men suggssted he put old skins in. AA'itness said, yes, but be bad various reasons for his suspicions. Const Smart's opinion was that men's coast camp had only been used day or two. Counsel did not address the Bench. The Bench held the defence unsustained regarding the snouts, for which judgment would be given less three acmittedly got off the country. There were very suspicious circumstances about the skins, and a minor fraud had been committed with regard to the 30 dozen. The evidence of the defence with regard io the remainder was not sufficient to warrant his finding against plaintiffs. There would be deducted L 7 : 12 : Id , contra admitted ; £9 for b 0 doz skins, and Is Gd lor 3 snouts. Judgment would be for £5O IBs sd, with costs Court costs GOs, solicitor’s fee 51s.—The decision was received with applause, which was promptly suppressed, and the Court then lose.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/KAIST18940727.2.20

Bibliographic details
Ngā taipitopito pukapuka

Kaikoura Star, Volume XIV, Issue 759, 27 July 1894, Page 5

Word count
Tapeke kupu
3,924

MAGISTERIAL. Kaikoura Star, Volume XIV, Issue 759, 27 July 1894, Page 5

MAGISTERIAL. Kaikoura Star, Volume XIV, Issue 759, 27 July 1894, Page 5

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