RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XII, Issue 108, 9 May 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before L. Bboad, Esq., R.M., and J. SctANDEKs, Esq., J.P.J SCAVKNOIHG COWS. William Wells was charged with Allowing she head of eattle to stray in Ruasell-streefc. Mrs Wells, who appeared for the defendant, said that they were jast eating some staff that the neighbors had thrown oat of their gardens, and were under the watchful care of three bojß. She was of opinion that the law was rather too strict in such matters. Fined 53 each and costs 6a 6tf. Th« same defendant waa charged with allowing three cows to stray on the Port road, with a like result, namely, being ordered to pay 5s each and ea&ta 6s Bd. WaNDEBIHO HoftSGS AKD MfSgHJEVOBS Sots. Frederick Haase was charged with allowing two horses to be at large in the streets. Offence admitted, defendant stating that the horsea had been safely shot np in a paddock, whence they had been let loose by some mischievous boys. Fined 5s each and costs 6s 6d. Kerr v. Stafford. Action to recover .£ls, the price of a cow purchased by plaintiff f roui Mr Freeth, but which was killed by the defendant. Mr Acton Adams appeared for the plaintiff, and Mr Fell for the defendant'. This action was commenced last Wednesday, when Mr Freeth's evidence was taken and reported in our columns the same day. The following was the continuation of the case : — F. H. Pickering: In September last I was present with Kerr and Freefch when a sale note for a pew was drawn up and signed. The words were » One cpw j£B," signed by Freeth. It referred to a ,aow tja/$ jbiad been lost from a mob brought from Wanganui, and was supposed to be on Mr Stafford's property. John Kerr: lam a butcher in Nelson. In September last Freeth brought some cattle from Wanganui. I saw one of the beasts run away from the rest waen they were landed. Shortly after I met Freeth at Sharp and Pickering's, whea J bought the chance of the cow for £8. I kaeyr £hj cow was down about Mr Stafford's. ?he yaluje of the beast was about £12 op £13 to a butcher wholesale. To me it would hare been worth £15. I don't know how Mr Stafford sells meat except on hearsay evidence. After receiving the sale note I went to Mr Staf-

ford's and saw him. The beast was lving down in the yard. I told Mr Stafford* the beast was mine, and showed him the receipt for the money. He said he should not give it up, as he had made a'rangen: ents with Freeth to kill it, and pay him the value. Cross-examined: The beast bolted round the Rocks when landed. That was the only time I saw it. 1 bought some of them at the sale for £8 or £9. One of them might have sold for £2. F. H. Pickerincr. recalled: The cattle averaged about 4-8 :i ln-ad at ; ; io sale. This closed '.ie c:ise for the p' iintiif. Mr Fell, having opened the case for the defendant, called H. H. Stafford, who stated: I have a contract for supplying incut to some of tho local steamers. I kill about 200 head of cattle a year. Last September Freeih came to nv,> and said there was a bea.t of his left, bv LluA in my paddocks ami he wMied to Ljoodnes; i would buy it from him. L said 1 had never beeu within 300 or 400 yards of it, and could not judge what she was worth, lmt I said i would kill her and yhe him the value. merely retaining the hide for my trouble. He thanked me for the offer, and said he win glad to get rid of her. Nothing was said about selling her to anyone else. He said he would have no truck with any of the butchers after the way they had treated him. I got her in next day after four hours' wnrk. She was bruised, and had a wound in the forequarteii from which the matter was pumping out. Sas was so weak that she could not staat, ant the boy sat on her and killed her. She was dressed, and we cut off the fore part and made " long hind-quarters " of the rest. On« «f the quarters went on board a steamer, bnt, tfft complaint being made of the quality, I kat. *• make an allowance. At 30s per civt^ the value of that portion sold was £3 IPs. Cross-examined : Erfceth was annoyed at the ceihbination of butchers. I was to settle about ne Talue on Freeth's return from WaaAaui. I have never seen Freeth since U scfel* with him. He has always triod ta rtoM tae. James Cbing : I am in Mr Stafford's cmploy. I kelp to butcher and keep the books. The feast referred to could only crawl when we gft fl«r into the yard. ' She was much brvitoi, an* running at the nose and mouth like %«t of the Wanganui cattle do. She was bttfftored when lying down. I do not thin&flfey portion of her Was fit for food. She waa only fit for boilirg down for the pigs. Cttss-examied: She was very wild when y»* g«t near her. Jbobert bright: I am a butcher carrying on basiiess at the Port, I get a large quantity of ueact from Mr Stafford. I saw the meat of Khis «ow. It was much bruised and not fit for «ating. I had a quarter of it but it was taaaleable. I delivered a quarter on the steafaer. It appeared passable, but they cotlfl fcot use it. Co«*s«l having addressed the Bench for the f laiuti& and defendant, His Worship said that there was no necessity %latever to assert that the evidence of eith*r die or the other party was not true. j ¥h&6 certainly was some slight discrepancy i betwten tike evidence of Mr Freeth aud that j of tlr Stafford, the former having stated tiaß le lad reserved to himself the right to ! sell flit beast after hia conversation with Mr Stafford which was denied by the defendant, b«t «<jttin J this aside their evidence agreed. It wa« clear from Mr Stafford's own evidence that althoagh he might have believed himself Eto fi& the purchaser of the cow, as a matiWt *f fact he was not so, but was merely aetil*fta Mr Freeth's agent in disposing of her, Ifecommission beiug the value of the hid^ Mr Freeth under the circumstances being Iflite at liberty to sell the beast, which he ftt£«ally did do, and the fact of such sale having been effected was brought to Mr Stafford's knowledge before the cow was killed. He was therefore clearly liable to pay to plaintiff the value of the animal whatever (hat might he. The Bench were of opinion that the plaintiff had the right to reefcver £i l*s, for which amount judgment wotld Be given with costs £i 6s. The feanagement of the Gaiety Theatre, Chrjstchnrch, has a novel way of advertising. It gives a time table which certainly should be Satisfactory to everyone. The following is -a Bp*eimen:— " This (Wednesday) evening, May i. Time table. Doors open at 7.20 o'clool:. Overture commences at 7.55 o'clock. Favorite farce at 8 o'clock. Cinderella at 8.47 o*Wock. Animation scene at 9.50 o'clock. Eirst comic scene at 9.55 o'clock. Second comiiseene at 10.15 o'clock. Grand transformation scene — Home of Zealandia— at 10.30 Atoloek. Carriages at 10.40 o'clock. If tfefe programme is punctually carried out, visitors t» the Gaiety Theatre hare an opport«nity of witnessing or qmittjng any portioft of thft programme they may fancy.