Magistrate's Court, Foxton.

Manawatu Herald, 21 July 1894, Page 2

Magistrate's Court, Foxton.

(Before H. W. Brabant, Esq., S.M.)

Thursday, 19th July.

CRIMINAL.

A. K. Blundell, Sheep Inspector v. John Perry. No appearance ot defendant.

Defendant was charged with having on 20th June at Levin sheep infected with lice in sale vardf.

The Inspector said he had nothing particular to urge. It was his first offence.

Defendanfi was fined 20s ; co3ts, 7s ; mile.age, 3s.

A. K. Blundell v. David Lang. No appearance of defendant. Defendant was charged with having on the 20th June at Levin, certain sheep infected with lice in sale yards.

The Inspector said this was the first offence.

Fined 203 ; co3ts, 7s ; mileage, 83.

A. K. Blundell v. Wesley Knight. Defendant was charged with having on the 20ch June, at the sale yards at Levin, a diseased cow. Defendant pleaded guilty.

The Inspector asked defendant how long he had had the cow. Defendant said about 2 years, and she had a cough ; noticed a kind of a snore occasionally ; did not notice a slight swelling in her throat ; had no suspicion she was diseased.

The Inspector said the cow was fat and put in for sale ; she was very much diseased In her lungs and throat and liver | if a dishonest butcher had got her the meat might have been sold. '^ The defendant said he had been about cattle all his life, but did not notice the cow being bad;-— ■—.-

The S.M. said a serious responsibility rested upon owners of-^ja*., eased cattle, and for exposing them for sale they were answerable for a penalty in any sum not exceeding £20.

Fined 10s ; costs, 7s ; mileage, Bb. civil. Geo. Gsborne and F. W. Strand v. Bredin— Claim £10 10s.

Mr Wallace appeared for claim* ants, and Mr Innes for defendant.

The claim was for finding and getting cattle of defendant's at 10s per head, which had strayed into the bush. The defendant paid 48 into Court which was not, however considered sufficient.

George Osborne deposed— He was a labourer living at Shannon : about the 17th May he made arrangements with Mr Bredin to deliver certain cattle upon Bredin's clearing at 10a a head ; he explained he would have to cut them out of the wild cattle ; Bredin promised to be on the look out ; witness and Strand camped in the bush and picked the cattle up 3 or 4 at a time, and worked them out towards the clearing ; were in the bush a little over 8 weeks ; when they had left the bush asked defendant how many head had come out ; had not followed the cattle out ; Bredin said 5 were only delivered to him ; witness said they had seen 18 in the bush ; defendant said that he and his brother had found so many; Biedin refused to give the brands of his cattle ; the first 6 head witness and mate helped Bredin to put into Wallace's paddock for safekeeping ; next brought 4 to the clearing but only paddocked 2 ; never troubled to follow cattle out as expected Bredin to be on the look out ; served notice on defendant not to move cattle after he refused togivebrands, as they were looking out tor 2 or 8 other people's cattle ; can identify 18 cattle they saw in the bush ; mustered the cattle in the paddock, some 82 head, and identified 18 of them as some they put out ; there were 8 others we believed they had put out ; defendant refused to pay for the lot ; on one occasion he offered to pay for 9 on another for 12 head.

By Mr Innes : The clearing is about 1£ miles from Bredin 'srhouse ; the cleaving is not fenced ; netfer delivered any to defendant on the clearing, but' sent cattle on to tho clearing ; cou'd not swear all the 18 were defendant's cattle ; can swear Bredin took possession of* 'them ; would leave the dogs to take the cattle half a mile to the cleari^^r if Predin had not put cattle into paddock witness would have done so to complete the contract; am a partner in West & Co., who filed pn tlu 4'h July. /.'..■ . ;e Ri examined : Mr Bredin was not al ways at home-r were driven down was jorflt^mi^g spin- which led direct tor tttSf^^^ By S.M. : Did not know tfte'cattle were defendant's when sent outj thought they were as th*y were be« hind his place.

Frederick Strand corroborated the previous witness's evidence.

On re-examination Witness deposed that defendant bad told him he had 25 head away, ;'- •"■-f~ OCj vT Charles Herbert deposed— I ~6nfy know that 20 head of cattle' weft taken away.

The S.M. without calling upon defendant, nonsuited the plaintiffs, leaving the amount paid igtgr- Qpurt for plaintiffs to aooept. - 'f -^ The defendant wag allowed *olioi' tor's fee, 2Js, and dogto, !.^ William Jonaa .y. Jobtt TomUtisot) -Claim £84 2s 7d. Mr "■)&£ tov plaintiff. Mr looes for defeadurit,

Mr Innes pointed out that - the suniraonse was oaly serTsd -last night under the shorrßervide.^lftases, He asked for an adjoarfimeftii|&lond month. He called -• V^crer ?

John lomlinsbn who "deposed-* He was defendant in the teasel he was working the Wirokibff mill on contract ; the mill belongs to Mr Bell of London; had no lease of mill ; contract is not for any, number of tons of fibre ; fibre is gent to Mr Snodgras* ,of Wellington , and he pays through Bank of New Zealand, Foxton ; sent last'\lot of fibre 3 weeks ago, have been ptfid for all ; not sent any. fibre sine*; d/d nqt promise Jonas payment out (jf-kat shipment ; do not admit owing all items in the account ; am still working the mill ; have between 6 and 7 tons fibre in course of pfep^rfeTio^ am not married ; have no intention of leaving Foxton ; contract ia just making " tucker " and barely that ; have not said anything to make plaintiff believe he thought of leaving the colony. . ; -

By Mr Ray : Did ask plaintiff pa 25th June to take place of cook ; lie agreed ; wages . were ; not agreed upon ; last cook got 25$ a week ; plaintiff 13 a superior cook ; gave him credit for his cooking ; 80s a week is not an unreasonable sum ; told hmfc had store account at Joe Tos' for* £85 ; had money ready to pay it ; Before paying Tos did ask that he should continue giving credit ; plaintiff did not advise me to pay