HAWERA.

Patea Mail, Volume IV, Issue 317, 1 May 1878, Page 2

HAWERA.

(from our own correspondent.)

R.M. COURT.— Monday, April 29,

(Before C. A. Wray, Esq., 11.M.,. and Captain Wilson, and James Livingstone, Esq., J.P.’s

Harry George v Thos. Qninlivan, for unlawfully stealing on the 22nd day of February last, one grey filly, of the value of £25, belonging to plaintiff. Mr Hamerton appeared for the plaintiff, and Mr Hutchison for defendant.

Harry George sworn : I am a farmer living at New Plymouth. I bought a filly from Mr Espagne in November last, in Hawera 1 produce receipt for the purchase money. She was an iron grey filly, with a jagged wound on her off rump. At the time I bought her, she had white on both her hind fetlocks. No other marks, but the peculiarity of the color. [am certain there were no brands on her when I bought her. She was in Mr Espagne’s paddock at the time, in Hawera. I left her in his possession, and returned to New Plymouth, leading another horse, or should have taken her. I next saw her in Mr Mcßae’s paddock, at Kakaramca, on Good Friday. Mr Espagne was with me at the time, also Mr Rawlings. I had not the least difficulty in identifying her. She was thinner than when 1 bought her. No other difference, except that she was branded T. Q. under the mane on the off side of the neck. We left her there. I saw her again last Tuesday, behind the Court House, tied to a post. I swear that the horse tied, was the same as I bought from' Mr Espagne, and that the same horse is now tied up outside. When I saw the mare on Good Friday, I demanded her of Mr Mcßae, and he infused to give her up, saying that he had bought the filly at auction in Hawera, from Messrs McGuire and Thompson, and considered he had a perfect right to keep her. I did not apply to any one else. I ascertained that the filly was lost before I came down, about the end of February. I instructed my brothers, who were leaving for the Patea Races, to look for her and bring her up again. I have not seen a horse in the district,, that I could mistake for this one.

By Mr Hutchison ; I have not been a great deal in the district. I only stayed a few days when I bought the filly. I bought her in Mr Espagnc’s paddock. I believe it joins the farm of Mr Mitchell. I remember going with Quinlivan to Mitchell’s farm last year- but do not remember the date, neither do I remember seeing the Hlly on that occasion. 1 bought her as a filly by Maitapo out of Zuc. By Mr Hamcrton : I have often been down with cattle during the last seven months, and once before about two years

By the Court : I heard the filly was two years of age when I bought her, but did not ascertain for myself.

Theodore Espague, sworn, deposed : I am a farmer living at Hawera. 1 sold a filly to Mr George last year. That is the receipt that I gave him. I bred the filly myself, and the receipt is a correct description of her. She was about two years old when I sold her on November the 19th. George did not take her away. She remained in my paddock till the end of January, when I removed her to another paddock, nearer Ilawera, but some cattle breaking the wire, she jumped out in company with another, and went back to the original paddock. Mr Gordon, to whom Iliad let the paddock, allowed me to leave the horses in it, until I had sold the chestnut, and Mr George had taken away the iron grey. I next saw the filly in Quinlivan’s paddock on the 26th of February, in Ilawera. She had a rope on. I took Mr Frank Bai iwith me as a witness, as he was working for rnc at the time, and had occasion to go to the ■ paddock with mo every day. I had missed the filly out of Gordon’s paddock, and had been searching for her. I wont into Quinlivan’s paddock to identify her. I recognised the filly by her general appearance and marks, and by a scar on her off rump, and two peculiar white marks on her hind fetlocks., There was no brand at the time. I examined her all over. I at once sent a telegram to Mr George on the subject. I next saw her at Mcßae’s farm, at Kakaramea, on Good Friday. We drove her into a corner, and found that she had been branded lightly on the shoulder, TQ, and another on the neck, plainly visible. I cannot say on which side. T saw her again last Tuesday, passing through the streets. I also saw her again this morning. I can swear she is the same filly, I have not seen any other filly in the district answering the description of this one. By Mr Hutchison : She was foaled in my 50 acre paddock, and never left until I sold her. Mr Mitchell joins me and knows my horses. She is by Mataipo. George Lynch travelled with Mataipo. I paid him for the service of the horse in 1875, after the season was over. I was in business at'Hawera when the filly was foaled. I did not take note of the date. The groom attended to the paddocks. I think it'was the 26th of February when I saw the filly in Quinlivan’s paddock. I did not enquire if Quinlivan was in Hawera at the time. I did not see her from the, time she was turned out of Mitchell’s paddock until I saw her in Quinlivan’s paddock. No one of the name of Wheeler ever came or spoke to me. I was at Taranaki when the filly was sold by auction. I was informed of the sale. I heard that a person named /Wheeler'was in the employ of,Quinlivan,'and was riding the filly, .and • making enquiries about her. When I saw her in Quinlivan’s paddock, she was in a hollow not visible from the road, and had a rope on, but I do not think that she was tethered. I did not enquire after Quinlivan until I had telegraphed to George. I recognised her by the white marks on the fetlocks, I think it is on the near fetlock that the mark is smallest. On the forehead there is a very light star - . The receipt for the service of Mataipo was in the beginning of 1875. Mr Mitchell is my neighbour, and would know about the breeding of my stock. She was in my 50 acre .paddock from the time of foaling until I removed her to the Hawera paddock. Frank Bailey, horse trainer, swore to having known the horse for 8 or 9 months. He described it minutely and said he could not mistake it. He saw Wheeler riding it on the 24th February, and was told it was one Quinlivan had lost and which had just been brought from the Wain?ate Plains. Frederick Long, laborer, deposed to having been fencing on the Waimate

Plains, and being asked by-Quinlivan to look out for a filly lie bad lost. He saw a about •Christmas the description, and afterwards saw Quinlivan and his son after it. Could not swear to the filly being same as he had seen on the Plains.

Dennis Carrol, sworn, identified the grey filly tied up near Court House as one which for past 12 mouths had been running in Espagne’s paddock. William Campbell gave corroborative evidence.

James Mitchell, farmer, Hawera, who had paddocks adjoining Espagne’s, swore to tiie filly, having been in the habit of seeing it daily from thetinie it was foaled, about the 18th October, 1875. W. Murray Thompson deposed to having sold the filly by auction to Mr Mcßae in accordance with instructions from Mr Quinlivan. R. E. Mcßae, farmer, Kakararaea, deposed to having purchased and for some time having the filly in his possession. She had distinct marks, one a wound, and had been branded. This closed the case for the prosecution. For the defence, L Patrick Kelly sworn, deposed : lam a settler at Hawera. I remember driving down a mob of horses to Wanganui, to sell for Mr Quinlivan, about a year ago. There was a grey mare. She had a foal and a yeaii n? running with her. They were not sold. I brought them hack. The marc and foal were afterwards sold, hut the yearling got away on the Plains. I saw it again in Quinlivan’s paddock before the day of the sale. I heard she was sold to Mcßae. To the best of my belief she was the same as the yearling I took to Wanganui. By Mr Hamerton : I used to sec her every day before I took her to Wanganui. I have seen the filly at the back of the Court House. I can’t swear she is the same as I saw in the auction yards. I do xxot know much about horses. I have been with Quinlivan for 13 years, except the last twelve months. I was aware a grey filly of his was missing. I often went to Waimate Plains to look for her. It was 12 months from the time she was lost, until I saw her in the sale yaxxl. The filly tied up at the back, I believe is the same.

Palu Kopa, sworn ; I live on the Waimate Plains. I have seen the filly at the hack of die Court Ilonsc. I saw her on the Plains about a year ago, but missed her from there about last month. I saw her very often. I saw Quinlivan and his son looking for her. fam sure she is the same filly. I noticed the color-was grey, with a little white mark on each leg, and a small star on the forehead. By Mr Hamox-ton : It was about the time of the Taranaki Races that 1 missed the filly. I never heard of this case until Saturday last. I did not sec a brand on the filly. Quinlivan told me of the marks on the filly. I sgw hcretin the Plains before the last Hawera Races. I last saw the filly about two weeks before the cattle were impounded off the Plains. The marks on the filly were not huge ones. George Bamford, sworn : I axxx a settler at Hawera. I remember Quinlivan owning some fillies, and an iron grey one. I did not. notice any white spots ; it was about two years ago.

James Goldnp sworn : I am a laborer at Normanhy. I remember buying a marc and foal from Quinlivan about a year ago. There was a yearling filly running with the marc. We were an hour getting them separated. I took notice of her. The one tied up at the hack of the Court is the same. I noticed she was pigeon toed.

By Mr Hamerton : I have had about 40 horses during the last 3i- years. 1 did xxot notice the filly was pigeon toed at the time, nor that she had white fetlocks, or a star on the forehead. I did not tell Sergeant Cahill that I was not a jxxdge of horses. I told him that the filly I drafted out, looked strong, as if it would make a stout hack. I identify the filly from a likeness to a mare and foal that I bought from Quinlivan. This closed the case. After consulting together for some time, tlxe Magisti'ates .agreed to defer their decision until 10 o’clock on the following morning.

On the Court meeting on Tuesday morning, Quinlivan was coixunitted for trial, bail being allowed in two sureties of £2OO each, and himself in £4OO.