RESIDENT MAGISTRATE'S COURT. Hawkesbury, April 23, 1864. (Before J M Murdoch, Esq, R M)

North Otago Times, Volume I, Issue 10, 28 April 1864, Page 6

RESIDENT MAGISTRATE'S COURT. Hawkesbury, April 23, 1864. (Before J M Murdoch, Esq , R M )

Home v. Nelms. — Breach of .Diseased cattle Act, Clause 7. Case defended Mr Home, in opening 1 the case, briefly stated, he had received information that cattle had strayed from the infected district across the boundary, and had brought this case forward. He had been appointed to see to the northern interests — would prove his case by witnesses i

Williams sworn, stated— Patrick Keogh reported to me that some of Mr Frank Orbell's cattle had crossed the boundary and mixed with mine ; this was on the oth April last. Keogh came to my house, I was absent at the time ; I reached home about 5 o'clock and at once started to look at the cattle. There were 8 kead in all, 3 of which were mixed with mine, and 5 standing some little distance off. I tried to examine the brands of the cattle, but, being wild, and on rough broken country, could not do so. I could only distinguish the brand on one of them, which was F O. I made out O on another, but could not see the F. As soon as the cattle saw me they left my lot and made up the range towards Shag Valley. It was then getting dark. I followed, but could not distinguish any other brands. I saw no more of them. I saw Keogh next morning. He said he was going to give information to Mr Bust. Keogh told me of three head— the three among my cattle. By the Court. — The cattle were not to be found next morning. The brand F O was* on the off side, partly on the rump and on the flank. It was a kind of spraw 1 brand, and could be readily seen t\\ enty yards off. I am certain the cattle did not belong to Moeraki side, and that they crossed the range. By Mr Home— The only cattle ou that side I know of are mine, and some belonging to Keogh. ° ° By Defendant — There were eight head of cattle, seven grown-up steers and a yearling. It was about five or half -past five o'clock in the evening when I saw them. I was about 15 or twenty yards from them when I saw the brand. The cattle were very wild, and the ground rough and broken. I was. on the off side when I saw the brand. The beast was red and white. I took particular notice of it. There was no other particularly striking appearance about the beast. I cannot say whether it had bean inuoculated. I did not notice « hether the tail was long or short. The cattle took straight up the old track of the Horse Kange to Shag Valley. They weie within halt-a-mile of the top when I left them. It had been my opiuiou that those cattle had been driven over the boundary. It is not bo now, as I met two bullocks straying along the new road as I was coming into Waikoiuuti. It was too dark, and I had no time to examine the brands for me to impound the cattle. Patrick Keogh sworn, stated — I reported that I '-aw some cattle branded F O, and I believed them to be Mr F. Orbell's cattle from the size of the brand and the appearance of it. On 5th April I started from Moeraki to come this way. I came through Mr Williams' cattle to see some of my own that were among his lot. I saw three strange bullocks, branded F O, among them. 1 am certain two were branded F O , the other I am not so sure aboi.it There were other old brands as well on tiie bullocks. I went to Mr Williams' place. He was. not at home. I left word with hib wife. Next morning I called again ; Mr Williams was engaged, and could not come with me. Saw the same cattle on that day bomo distance from w here I had seen them the previous daj , nearer to the Horse Kange. I saw but the three btrauge cattle. The others there belonged to other people. I was some tune stock-keeping lor Mr Hopkinson. I know that district well. Never saw any cattle w ltli the F O brand there before. There eoidd be no cattle of that brand there without my seeing them. I was there daily. The brand F O was over the loins— not quite on the rump, more on the Hank, and on the oil" side. F O was newly branded, the BLiirf wus newly rising oil 1 . The brand was not Tory ltir^e ; it was an ordinary sized one. -By Dt- tendiiut — The cattle w as nearly down to Mr Williams' paddock when I saw them, close by the end of the river leading to the beach. I took jjurticulur notice of them, as some of my own cattle were among the lot. I wrote a letter to Mr Hassell, reporting the circumstance, and that a diseased bea^t was among the lot. If a reward is offered for gning the information, I wdl claim it. There was a man with me on the 5th and 6th when I saw the cattle. On next witness being called, the defendant protested against his evidence being taken, as he was m Court during the whole time that Keogh's evidence was being gnen. His Worship remarked that as on enquiry he found the witness was to corroborate Keogh's evidence, and as he had ordered all witnesses in the case to leave the Court, his evidence coidd not be taken. Mr Home was then questioned unsworn bj r the defendant — Fn"st heard of the circumstance at M'Kenna's, and heard it next day from Mr Wdliams. Did not know the exact date. Went to see if the cattle wei-e there. Heard that defendant had been there also. Did not see the cattle ; was too lute in the evening, and had not time to look about. Believes he told defendant that Keogh claimed the reward. Was told so, but had had no advice from the Committee of the Association at Oaniaru to that ell'ect. Believes Keogh will get the reward if the case is proved. Tin. deiendant, H IKuhnes, m dci'etice stated, that the tattle should have been pounded until churned by ow ner ; and, in answ er to the Court, admitted his havnig charge of the cattle, but had no written authority to bhow it The cattle were the property ot Air F. Orbell, and are depasturing on both bides ot the Shag River. Defendant also urged that theie was a dibtrepaue) in the evidence of the witnesses, and that there was a probability of there being other cattle of that brand there besides those in his charge Handbdls were posted about offering a reward lor cattle 6traying over the boundary, and that was an inducement for people to drive cattle away to get the reward. His Worship, in summing up, briefly remarked that, as the brand was so fresh, they could not be stray ones of F O brand, and the case was proved as to one bullock. Fined LI, and costs.