MERCER.

Pukekohe & Waiuku Times, Volume 6, Issue 257, 9 March 1917, Page 3

MERCER.

CATTLE THAT VANISHED. COURT PROCEEDINGS. A case of considerable interest in the district, was heard Mr E. C. Cutten S.M., at the Meicer Court yesterday when Clunie James Drake, farmer, of Whaugamaiino, sued John Walker Hamilton, farmer, of Kopuku, for the sum of £l6, being the value of a roan cow and calf

The plaintiff was represented by Mr A. W. Gould, while Mr A. Iv Duthie acted for the defendant.

Mr Gould, in his opening statement, said that the plaintiff on leaving for the war with the Main Expeditionary Force appointed his father as his attorney and left a man named Garmousway in charge of the farm as manager, the latter having no power to sell. The cow, the subject matter of the action, was a roan cow known by the name of " Tulip " and was on plaintiff's farm when he departed. The plaintiff's father, who lived at Wellington, ouly visited the place occasionally but never gave Garmousway any authority to sell. The question was one, said Counsel, chiefly of identification Jackson, an employee of plaintiff, found two men, named, Mardon and Johnson, who had properties near plaintiffs, driving a large number of stock off the plaintiff's property at dusk. Jackson stopped them from driving them away. Mardon insisted that one of the cows was his and subsequently took it away with its calf. That cow was alleged to be the one " Tulip." It had had a brand on it " A.K '' when purchased by plaintiff and it had an earmark but it appeared that the brand had been tampered with. Defendant had purchased the animal from a Mr Wrigley. Plaintiff, giving evidence, stated that on his return from the war last September his father informed him that some of his cattle had disappeared. Witness thereupon informed the police and the matter was investigated by Detective Sweeney. He (plaintiff) subsequently saw a cow (said to be Tulip) on defendant's farm and claimed it as his. Plaintiff proceeded to describe ihe brand and identification marks and stated that in all he had lost stock to the value of £3OO.

At this stage Mr Gould intimated that there was no suggestion of dishonesty on the part of defendant, who, it appeared, had purchased the cow in good faith.

In reply to Mr Duthie, plaintiff admitted that he had seen other cows like " Tulip " on defendant's place and also that he had made claims for cows which had since been found were not his. He went to Walker's at the request of Detective Sweeney to identify the roan cow. He had lost about 30 head of cattle altogether but seven had since been returned.

Walter Clunie Drake, father of plaintiff, gave evidence and said that after Garmousway left the farm he engaged a married couple named Mr and Mrs Johnson in his place. No one had authority to sell any cattle. Witness made enquiries as to the loss of cattle but without success and informed the police. Police Constable Horan, stationed at Mercer, deposed that he received a complaint about some missing cows last August and he subsequently went to Walker's farm with Detective Sweeney. They saw a roan cow, which they identified from plaintiff's description and as far as he could ascertain its brand had been " faked " for some reason.—By Mr Duthie : He was present when Drake claimed cows from Mr Freelander. It was a common thing to rebrand cattle but not over the original brand. Albert Ernest Jackson, farm hand, Auckland, said he was employed on plaiutiff's farm after Garmousway left. On one occasion he saw about 14 head of cattle being driven by Johnston and Mardon off plaintiff's farm. It was dusk at the time. Witness asked Mardon why he was driving cattle at that time of night Mardon said that one of his cattle was there and he was going to have it. Witness replied that he could not remove any cattle until the following morning. Mardon came back the following morning and took possession of one cow. This was the same cow as was subsequently found at Walker's. The cow had a calf about nine months old when Mardon took it away. Robert Alexander, Stock Inspector, Hamilton, gave evidence and produced brands with particulars of registration In reply to the Magistrate witness said a brand grew with a beast and it was illegal to brand over another brand.

Evidence was given by Mr and Mrs Oscar Nelson, of Whangamarino, to the effect that they knew the cow " Tulip " prior to it being purchased by plaintiff from a Mr Beale and that they had identihed it on seeing it on defendant's farm.

Detective John Henry Sweeny deposed that with Constable Horan he picked out a cow described to him by plaintiff and Mr Nelson. The brand on it appeared to be an "N " over the top of another brand. Witness saw Mr Wriijley, who he was told bought it with others from Johnson, who had purchased it from Mardon. This closed the case for the plaintiff. Cecil Norman Mardon, farmer, residing in Auckland, was the first witness called for the defence. He was informed by the Magistrate that if any question was asked likely to put him into a difficult position ho was nut obliged to answer. Giving ovidence, witness said that on account of the number of cattle disappearing ho sold his ; property. It wan common oecurrence for cattle to get bogged and he had often seen cattle dead, j Drake's place was like a graveyard, . htock dying wholesale. Drake's j property was not fenced. He had I seen a roan cow dead on Mr Drake's property, but could not say actually j about what date. In regard to the i ovidem e given by Jackson ho ; admitted that ho saw a < - ow bolotig- , ing to him, and that ho attempted to I drive it on to his own property, but it got mixed with some of Drake's.

He had no recollection < f going' to Drake's farm on the following morning or of taking a cow uway. At this stage the t'ourt adjourned until to-day and further evidence was being taken as we went to ■ press.