This Day.

Nelson Evening Mail, Volume IV, Issue 188, 12 August 1869, Page 2

This Day.

. Kerr v. Pihe. S. Pike, sworn: After Kerr had drafted his 877 sheep, he said, "It will not answer for tne to remain for the others, and ife won't pay jou to muster again now; the weather is fine now aud we can get away with them, but if it should come on wet the sheep will be knocked about and be worth nothing when they get to Nelson. If you will allow me, I will take these and get the balance at shearing time." ,1 told my manager that he need not muster again then, but that Kerr would take his balaace at shearing time. A short time after Kerr asked me what I was going to give him j for not having all the sheep in to select from. I replied that I did not see why I should give him anything, but ultimately agreed to give him 20 sheep. There was no reason why more sheep should not have been mustered, and Kerr have taken his lot. It waseritirely Kerr's proposition that he should start with the 877. I saw Kerr in town several tiroes after this. He wauted to purchase 1000 lambs. I wrote to him in October, telling him when I was going to the run. I did this because he had asked me to do so, as, if he bought the lambs, he wanted to ear-mark them at once. I went to the run then, and found .the men mustering. There were about 30,00 sheep got in. I had given Gillet na instructions about drafting for Kerr. He told me Kerr had asked him to draft his sheep for him. I refused, because Kerr had agreed to take his sheep at shearing time. We commenced drafting next day, and had drawn about 90 when Kerr came. He said he had come for his sheep. I told him he had agreed to take his at shearing time, but that he might take them from those which iwere in the paddock. He produced the agreement, and called my .attention to the part which stated that he was to have his pick of the flock before my. selling any of them. I told him I had agreed to give him 20 sheep as an equivalent for his not having the pick of the whole flock. At first he refused to 1 pick from those outside, but afterwards he commenced doing so, and branded some, but after drawing a few said he would not have them. In November, he went to brand some sheep for Mr. Edwards. I had no arrangements with him to go for any other purpose. It was settled .between Mr. Edwards and me that he should get £8. In January he came to the woolshed and took the balance of his sheep. He made no protest then. The first I heard of auy claim against me was -when I went to him in February for payment for some lambs. He then claimed £10 "or £12. Afterwards he asked for £7/ I refused to give anything. Owing to the absence of some or the witnesses, the was adjourned for a week.