RESIDENT MAGISTRATE'S. COURT.

Manawatu Times, Volume II, Issue 90, 29 August 1877, Page 2

RESIDENT MAGISTRATE'S. COURT.

FOXTON, Wednesday, 22nd August, 1877. [Before R. Ward, Esq., KM.] There was one inebriate who was fined five shillings, or m default twenty-four hours' imprisonment. The fine was paid. POPOV. DAVIS. - This case was , adjourned from last Court day, on account of the absence of the Resident Magistrate at-Otaki, It - was again adjourned for-the purpose of a lease being procured. ' HAYWABD V. ITAWXES. "Claim, £22. Mr McLean for the plaintiff. Adjourned till next Court day at Feilding. G. N, WOOD V. DB. BOCKSTKOW. - - Claim, £56 lis, for value of a horse, • dray, and harness,: and the detention of the same. Mr McLean for the plaintiff. "Ellen Wood, on oath, said— l am sister to the plaintiff. Remembered an auction sale of, her brother's goods on 28th October, 1876 ; daring the sale had a conversation with the defendant to buy for me a cart, horse, and harness, also a plough. It was a large bay cart horse called Boxer ; .the dray was a , Sydney one. The horse cost £11/ the cart £3, and the, harness £1 ; they were ' knocked down to Dr Rockstrow. I believe it was known to the people present that the Doctor was buying- the things for me ; he had told me that he would let the fact be known. He, came to me after the sale and said, " I have bought a horse for you for £11, which is worth £30."- This was on a Saturday, I was to go to the Dr.'s house on Monday, and bring the money, £17 10s, down with me. I went on Monday and paid the Dr. £8, it was by. a cheque of Mr. J. A. Smith's to my brother ;' the Dr took the cheque. I asked him if he would take a Promissory Note of Mr George Had* 'field's for the balance, £9 10s ; he agreed a to take it. I found Mr Hadfield m the township, and I went with him to the Dr's. house. I did not go m, bat re* mained on horseback outside. After a little time the Dr. came to the door and said I could send for the •borse and •■ dray the next day. My brother*fbomas went on TuesdaVand'oroUght the- horse ' and cart home. The things were bought for me. I made an assignment? of the things to my brother, G,N." Wood; -rthe deed was drawn up by Dr BuUer,and I - signed it on the 19th January last. I swear to having executed the deed. ' Cross-examined by * defendant — I asked you st the sale if you would buy the things for me.' Thomas Wood, said — He knew the* ■* horse and dray m question ; ' was dot sure of the brand on the horse, but thought it was tt nine. Was not present at. the auction, but took the cart. to the Dr's. shortly after . the sale. On the Monday following the sale fetched them- back again from the defendant's ; they were delivered to * him by a man at Dr. Rockstro's j only , said he had come fbr the horse andsdray and they were given up to him. The same horse and' dray were taken from him by Dr. Rockstrow, he 'believed on < the 16th July last; he believed that defendant took them to his place. Cros«-exainine^bydefendant-^-When j I came for the horse and dray, I gave J Sou a piece ofpaper, it was either from ome or Mr Hadfield. I did not deliver the horse and dray to Mr Hadfield, . only put them m .his paddock. The „ horse is now m Foxton. (Horse producedoutside Court.) When you took the horse and cart you asked me if it was the same you had purchased at my brother's sale. I believe you. told me you had repurchased it from Mr Hadfield, I said you had- better see my i . brother about it ; lam a servant to my - brother, not his partner, I did not take '- the pannel down ; he might have jumped ~ over the. four-foot rails; I dare say, I - could jump over them, T ._ ,;