RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1111, 1 August 1882, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Tnis Day. [Before M. Price, Esq., R.M.] POLICE V. WALTERS. Charged with being unlawfully on the premises of Mr J. R. Hurrey. The defendant stated that he had received permission from Mr Hurrey, but it was clearly proved to the contrary, and His Worship, after a short lecture, sentenced him to four months’ imprisonment in the Napier gaol. UNION BANK V. JOHNSTONE. Mr Nolan appeared on behalf of the defendant, and confessed judgment. CAMERON V. BOROUGH COUNCIL. Mr Fraser appeared for the plaintiff, and Mr Nolan for the Council.

Claim £5 16s, an action brought for damages sustained by a bullock on the Wharf, which was in a bad state, and rotten. Mr Fraser addressed the Court, and called E. Cameron : I am a farmer at Tauranga. I remember 24th May last. I brought 13 head of cattle to be shipped. In getting them on board the scow the wharf gave way, and when the last bullock went in, its legs fell through. We examined the place, and found it quite rotten. It must have been repaired before, but not sufficiently to hold the weight of the bullocks. It is the usual place for shipping cattle. The bullock’s leg was sprained, and it could not walk, and when it got to Auckland it was no good, and it had to be killed. Thia bullock did not bring so much as the others. All the bullocks were sold alive. The one mentioned was sold after it was slaughtered. I had it slaughtered because if I had not I could not have sold it. I got £6 10s for the bullock ; the others brought £lO. It cost me £1 15s to cart it into the town ; hence my claim, £5 16s. Cross-examined by Mr Nolan : It was a Sunday, the 29th May about 6 o’clock, we shipped the cattle. It was a moonlight night. They were not taken out that night to tho ship. I did not go out with tho bullocks. I had been down to the scow during the time they were on board her. There were no poley bullocks shipped. I remember meeting you and Mr Boylan that night. You told me that a bullock was was down on the scow, but it was not the one which was hurt. I told Kennedy that the bullock was injured. They were not knocked about in their passage out. H. E. Johnson, deposed : I am snipping olerk for Graham & Co. I remember the 29th May last. I did collect from E. Cameron the wharfage for shipping his bullocks. Ho made no objection, but said he intended to sue tho Council for the beast that had put its leg through tho wharf. The run was rotten, but & piece of wood was nailed across it. It was a temporary repair. Cross-examined by Mr Nolan i Mr Graham instructed me to collect the wharfages. I had no conversation with Cameron about the beast.

Mr Nolan submitted that tho case should be nonsuited, but after considerable discussion, His Worship said ho woiPd not grant a nonsuit, and would hear the evidence for tho defence, and as those witnesses wore not there it was put at tho bottom of the list. On resuming at 12.15 they had not appeared, {and Mr Nolan again submitted to His Worship for a nonsuit, clearly pointing out (his reasons. Mr Fraser replied shortly, after hearing which, His Worship decided in favor of the defendant and granted a nonsuit with costs.

Matthews v. Maynabd. Mr Kenny for the plaintiff. Mr Nolan tho defendant.—Claim £2 Is for detention of a steer. It appears that a young steer had been impounded at Ormond, and had been incorrectly advertised; this had caused the plaintiff two journeys to Ormond, for which lie now claimed loss of time, and the detention of the steer, and the pound fees. Matthews, sworn, deposed : I am a carpenter. I had cattlo between Makaraka and Makauri. There was amongst them a white steer branded T on the off rump. I could easily see it. I saw the advertisement in the Herald on the 12th, I read it but did not think it was mine, as the advertisement rood wrong. M. Horgan was tho poundkeeper there. If tho advertisement had been correct, I would not have had to make two journeys and claim 10s a day. Cross-examined by Mr Nolan : I went to the pound to see if that was my beast. W. Morgan affirmed : I was in the employment of Mr Parker. The brand could have been easily seen. I saw the brand about 12 yards away. I left Parker’s about one month last Saturday.

Mr Nolan addressed the Court, and called J. Maynard, who deposed : I am a butcher at Gisborne, gazetted Poundkeeper at Ormond. I saw the steer mentioned in the paddock. I could see no brand. Cross-examined by Mr Kenny: He was standing on the off side of the road. I had no particular reason to look at it. I was about 10ft. off.

R. Currey deposed—l am an hotelkeeper. I have been looking after the Ormond Pound. I remember a steer impounded on the 10th. Mclntosh and another brought in the description, and from that I took my description. By Mr Kenny : I could not swear there was no brand.

E. Cameron, sworn, deposed—On tho 17th the beast in question was in my paddock. I turned it out, but it came back the next day. I could not find its owner, and sent it to tho pound. I could see no brand; I examined the beast minutely. Two other witnesses wore called, and corroborated tho former evidence. This was the case, and after both counsels had addressed the Bench, his Worship decided for the defendant, with costs.