Peculiar Case.

Manawatu Herald, 20 June 1899, Page 2

Peculiar Case.

__♦ Judgment was given by Mr G. 0. Kettle, 831., at Waoganui in the case of Francis E. Jones (Mr Barnicoat) v. W. Neilson (Mr Tread- „ well), claimed £iG 6* for damage to cattle. The .Magistrate said he f.nu'.d come to no other . conchmoa than thai; plaintiff' .h cattle which were crruzing on defendant's land by agreement, were ppeyed by defendant as alleged. Dvfendant'ii own cvi* dence and diary entries showed a ■ clumpy attempt to fabricate evidence and mv Hated and concealed entries. Defendant's demeanoor also in the g box sati-firfd him that a case had iieen triads out against him. Even if i he agreement jwa!>, as alleged by l^fonrianf, that he was t|> have no re-poo -ability, that would! not protect him from such an act as mutilating the cattlp. .No doubt the conclusion' w;v* only an inference, but in Hin Worship.'* opinion the inference was irresistible. As &o jgi-jter of stock the onus was on the defendan 1 ; to acoiupt for the cattle being speyed, and he bad altogether failed to di sq. , The opinion of the C,)tirt was rhat defendant did it. He bnd all the necessary in|trumenta -tnd had been in the habit of speying his own cattle. Judgment was given for the amount, olaiimd and £8 17s 6d coats. "'" „ ' — -r V • ■ !'..