RESIDENT MAGISTRATE'S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1245, 12 January 1883, Page 3

RESIDENT MAGISTRATE'S COURT.—GISBORNE.

This Dai. [Before M. Price, E»q., B.M.] Inuecext. Assault. Frank McDonald was again remanded until 2 o’clock p.m. to-morrow, on the. above charge, The complainant is a Maori woman, A Civil Cases. J Warren v, Benson, Claim 125., for rates. There was no appearance of the defendant, Mr Warren County Clerk, having proved the case, judgment was given for the full amount claimed and costs. Warren v. W. Benson. Claim £8 65., fer rates. There was no appearance at the defendant, and the debt having been proved, judgment was given for the full amonnt claimed, with costs. Warren v. Donaldson. Claim £2 Ids, for fates. .Judgment for full amount and eosts, SCOTT V. JAMES KSKSEDY. Claim for £l9. Damages. Mr McDougal for plaintiff. Mr Kenny for defendant. George Scott called : I am the plaintiff in this action. I know defendant I remember Saturday, 25 December last. Defendant was in my service as a farm servant. I saw him on the 18th December, and enquired what he was going to do with the black horse in the > padaoek. He said he had lent the bay mare “ to McKay to ride down to Ormond. I told him he had no business to lend any horse to any person without my knowledge. I saw the mare subsequently, and she was girthgalled, and had the appearance of having been very hardly ridden. She could scarcely stand from exhaustion and fevered limbs. Cook went to the mare and bandaged her. I have had the mare treated from then to now. She has been bandaged and had arnica applied. George Cooper, the defendant, and myself haye attended to the mare. I took Mr James Orr and Mr Albert Pritchard id see the mare. I have owned the mare about six months. I gave £26 for her and the foal. I valued the mare before the injury at £24, but now I consider her only worth about £5. Defendant had no authority to lend my horses. 1 shall have to pay a man .named Cook Ss per day for attending to the injured kolas. The horse has been unable to do any work since it received the injury, and wifi 1 not be able to do any for some time. Cross-examined by Mr Kenny: Defendant has been about 12 months in my service. We have always been on good terms until - now. I have left him in entire charge of the farm. On the day the horse was lent defendant was in sole charge of the farm.

Defendant did not tell me on the Sunday after the horse was lent that he had lent it to McKay. I have been farming ever since I was born. I gave Cook directions how to treat the horse. By the Court; The defendant had not the slightest discretionary power to lend horses. The mare was perfectly sound on the 15th December. George Cook called: He said he was in the service of the plaintiff, and recollected tile 16th December last. Cross-examined by Mr Kenny : Plaintiff had given him directions to use bandages to the mare three times a day. The mare was worth £l4 or £l5 now. She has suffered in value through the accident. He could not get £l4 or £l5 for the mare in her present condition. Albert Newman called, and corroborated plaintiff's testimony. He said that the mare without the foal, before she was injured and was sound, would be worth about £2O. a When he last saw the mare she was not worth more than £5. This is on account of the injuries. The mare must have been illused by hard riding. James Orr called: I am a sheep-station manager, and have had experience in horses. I know the plaintiff. 1 bred the mare in question. I sold her about 3 years ago. Plaintiff took me to see her about a week before Xmas. I had not seen her for three months before that when I think she w-as worth £25. When I saw the mare about Xmas I found that her legs were puffed and she was girthgalled. This was evidently from hard riding. The mare is only worth £5 naw. In the condition in which she is now and kept as a brood mare woulk, in my opinion, only be worth £5. Albert Pritchard called: lam manager for Mr B. C. Fryer’s stables. I have had a little experience in horses. I went on Saturday last to see the mare in question. The mare was in a very bad state. The near eye was blind, the near leg swollen, and the off leg very much swollen. There was a bandage on ths off fore-leg. It appeared to me that the horse had been racing. lam not a veterinary surgeon, but I have had some considerable experience in horses. I should say the injuries to the horse were caused by hard riding. Ido not think if the horse was put in the market now it would fetch more than £5. I knew the horse before the injuria, and I consider it was then worth £25. This closed the plaintiff’s case. Mr Kenny then opened the case for the defendant. James Kennedy called : I have been twelve months in plaintiff’s employ. When plaintiff want away he left me in charge of the farm. I had general control of the stock when plaintiff was away. On the 16th December plaintiff and his wife were both away. I was in charge of the premises. On the 16th December I discovered that the fences of the f paddock were broken down. I got a horse and went after the horses. I got Scott s horses, but not McKay’s. I lent McKay a horse to go and try and find his horse. I lent McKay the mare about half-past three o’clock, and he returned about five o’clock. The mrre was warm, and sweating freely. Any horse taken from grass might be in the same condition. I next saw the mare on Sunday morning. She was stiff, but nothing was the matter with the eye, We put the mare in a paddock as she was a little puffed. I told plaintiff when he returned that McKay’s horse was lost, and I had lent McKay a horse to go after it, He said, “Yes, yes; all right.” Subsequently he asked me about the made and I told him she ! appeared rather stiff from the effects of the riding. I told him I had put her in a paddock. He went down and examined her. He came up in an excited state and told Cook and myself to go down and bandage up the mare. He gave us some cloths which we wetted and wrapped round the mare's legs. I attended to the mare and took her to the creek according to plaintiffs orders. I do not think cold applications are a good thing for inflammation. ’*4 wanted to blister the mare, but plaintiff would not allow it. I applied linseea poultices. Arnica was not used until after the summons was taken out. I put the value of the mare at the time of the injury down at £l6 or £l7. The foal is worth about £lO. The mare might sell for £lO now. Cross-examined by Mr McDougall: The foal at the time of the purchase would be worth about £6 or £7. After further evidence, both counsel addressed the Bench. His Worship reviewed the evidence, and gave judgment for defendant for the sum of £l5, and costs £6 14s.