RESIDENT MAGISTRATE'S COURT, LYELL.

Lyell Times and Central Buller Gazette, Volume VI, Issue 277, 12 June 1886, Page 2

RESIDENT MAGISTRATE'S COURT, LYELL.

Wednesday, 9th June, 1886.

(Before Frank Bird, Esq., R.M.). P. CARROLL V. J. RYAN.

Case withdrawn. The Bench remarked that this was a serious charge, aud one which should come before the Court, especially after hearing statement made by the police with respect to the conduct of defendant on previous occasions, and ruled that in future these informations should be proceeded with. RYAN V CROWLE Claim for <£so for waggon and harnessi and 4-50 for detention of same. Mr Moynihan for plaintiff, and Mr Haselden for defendant. James Ryan: I am a storekeeper residing at Lyell, defendant has a waggon and harness my property. He is detainimg same contrary to my written order to deliver them. The price of wagon &o. was £l3O, the amount to be paid in freight at current rates, he receiving half freight, balancto go for payment of horses, waggon and harness. The property remained mine until am sunt satisfied. He took possession on November 3rd, 18S5,and he worked them until the following New Year's day, when he informed me that hj? would break t e agreement on account of its He then offered me delivery, andnstated that Aaron Carne would become a purchaser. I asked him to take them to his own place and keep them until Carne called for them, and in ths meantime to put the horses in Christy's paddock and keep the waggon at his place. I paid for the paddocking of horses until Carne took possession. Defendant refused to give possession on the grounds of expenses incurred on repairs. I never heard of any claim from defendant for expenses ot repairs to waggon, receiving that information from others. I paid him £42 lis 3d freight out of a total earned by him of £SO ss, with the desire of helping him. I have to make allowance to Carne for the detention of waggon. I gave Carne an order to take delivery from Crowle.

Cross-examined by Mr Haselden: In October, 1885,1 wrote to Crowle requesthim to take the waggon and horses. 1 had previously made a similar agreement with Mr Kearns, but it was not carried out, the price being £l5O. I worked the team myself, paying a driver, after the arrangement with Kearns. During that agreement Kearns paid me between £4O and £6O. I told Crowle that I would get another horse for him, as he stated the team was inefficient. I considered I made no sale to any party until such time as the purchase was completed. I informed people I sold to Crowle. Reuben Carne billed me for work done on the waggon. I repudiated the account referring same to Crowle. I cannot say whether the waggon was in good repair when I sold it to Crowle. Crowle wrote me some time after taking possession that the waggon was all to pieces. M'Dowall, my driver, it detained in Westport a week, it was. not through want of repairs to waggon, but intemperance. I paid £3O for harness on Crowle's account, and gave him £lO in cash.

Re-examined by Mr Moynihan: I considered the property mine until it was paid for. On New Year's day Crowle offered to give up possession.

Aaron Came —1 am a carrier on the Buller Road. Charles Crowle came to me about Christmas time asked me to buy the waggon horses and harness at i>l3o. I told him that it was a lot of money; but before closing with any one else to let me know. He returned in a week and said that he intended giving them up as they were no good to him. He did not say to whom he was giving them up, but I suppose that it was to Ryan. He said that outside of the price there was some repairs to be paid for, and a certain sum to himself. He asked me to make an appointment to meet Ryan, I refused on the grounds of excess of amount of purchase. I received a telegram from Ryan offering the property to ine. I met Ryau and entered into an agreement for waggon and horses, when he gave me an order for the horses. I got.the horses but Crowle refused waggon stating that he required payment for repairs. I did not know exactly to whom the waggon belonged.

Cross - examined by Mr Haseldan : Crowle spoke to me as if he had the selling of the property. The price for team and waggon is £'l2o under my agreem nt. I considered the four horses worth £GO, and the waggon and harness £4O. The waggon is two or three years old and was in good order when I took possession. Re-examined by Mr Moynihin: I offered the pick of the team for £ls and would be satisfied with that amount for each of them.

L. Larsen: I am ferryman and punt keeper near Lyell, Crowle came up on December 31 and returned on following day to Westport. I asked for payment of ferries, when he replied that he had received no money from Ryan, and that the team and waggon belonged to Ryan, to whom I booked the amount, and Ryan has since paid me.

Cross-examined by Mr Haselden : Mr Ryan did not dispute payment, although before this time CaowJe paid the ferries.

Mr Haselden addressed the Court for defendant, and quoted numerous authorities in support of his argument, which was that the property was owned and held by Crowle in virtue of payments made by him or retained by Ryan on account of sale, and there not having been any recession of original agreement. Charles Crowle : I only received £1 7s cash from Ryan. I told Larsen to collect from Ryan. I did not know that the horses were taken out of Christies paddock, and I was not consulted in the matter. The first I knew of them being removed was seeing them with Carne. I sent word to Christy that I held him responsible for the removal of the horses. I told Ryan that the waggon required some repairs, and he instructed mo to get them done. I told Came when he asked me for the waggon that I would not let it go, and intended to lay an information against Ryan for horsestealing. The waggon has been in use eight years, and when I got it was not worth £lO. In answer to Ryan's letter I offered to give up everything on payment of expenses. I I never authorised the payment of Powell's account. I made no agreement on Ist j January with Ryan to give up possession.

Cross-examined by Mr Moynihan : The evidence given by Larsen was false with respect to ownership of property, and also the evidence given by Ryan as to disposal of horses and alleged agreement on Jan. Ist. There are other paddocks nearer to my place than Christies, but they do not run horses. I told Ryan that unless he got other horses I would have nothing to do with the team. I never told Ryan that he had better sell the team to Carne. I consider the property mine until Ryan paid the expenses. I told Ryan that I required £3O for myself, and cost of repairs, prior to giving up delivery. The horsefeed from Powell was debited to Ryan. Prior to New Year's day I paid the ferries, and on that occasion I put it down to Ryan. I brought him up on that trip £l2 worth of freight, and he only gave me £1 7s. Ryan agreed to keep everything in repair, and I was to work it out.

Cross-examined by Mr Haselden: Ultimately I would pay all these expenses incurred by Ryan. I was losing £3 a trip under the arrangement, owing to the horses not being up to the work, and with better horses I could have earned £6 a trip more.

By the Bench: I could carry goods for others. My arrangement for half freight with Ryan was only with respect to his own goods. If one of the horses died or was lost it would have been my loss. John Crowle: I remember my father getting a waggon and four horses from Ryan. The waggon was in a very bad state of repair when we got it. On the first trip I was compelled to borrow a wheel. Ryan told me after the first trip to Lyell that any repairs required to the waggon he would pay for, and in consequence I got the repairs done. Ryan always treated the property as belonging to my father. The only reason that the horses were put in Christies paddock was that there was no nearer available place. The waggon is in better repair now than when we took possession of it, and is worth £2O more. I carted for Qthers at Lyell. Sometimes nearly all the load was for Ryan. Ryan told me that he intended to get a horse from Miles Dickson for the team.

Cross-examined by Mr Moynihan: On one occasion Ryan found fault with me for driving too far. The horses were put in Christies paddock in my fathers name. My father refused to give possesion of the waggon without payment of expenses. William Kearns: About 18 months ago I entered into an arrangement with Ryan for the purchase .of a waggon and horses, the price being £l5O. I earned about £SO when I gave the concern up as unpayable. I never had a settlement with By an. Cross-examined by Mr Moynihan: I paid for all repairs during my term with the waggon. I afterwards drove the team for Ryan on wages. I oannot state the exact value of the property at that time. Mr Haselden and Mr Moynihan addressed the Court at considerable length. Jndgment was reserved, to be delivered at Westport, and-entered up next Court at Lybll. Costs of both sides amounted to £ls lis.