TALE OF A DOG.

Pukekohe & Waiuku Times, Volume 7, Issue 363, 26 March 1918, Page 2

TALE OF A DOG.

Disputed Ownership. A black and white collie dog, " Bob '' by name, who as a musterer of sheep and cattle was regarded as possessing valuable abilities, was the central figure in an action for ownership heard at the Pukekohe Magistrate's Court last Thursday before Mr Wyvern Wilson SM. The plaintiff was Mr John Hartley, farmer, of Whangarata, who demanded from the defendant. Mr R. Sharpe, farmer, of Patumahoe, the possession of the dog or the sum of £6 in the event of possession not being obtainable, and £2 damages far detention of the animal. Mr J. G. Haddow, represented the plaintiff, and defendant's interests were looked after by Mr Cyril 0. Mahony. The case for the plaintiff was that he had purchased the dog in August, 1916, from a man named George Prince, who was at the time employed by Mr Joseph Fulton at Whangarata, prior to Prince going into camp. The purchase price was stated to have been £1 and plaintiff accounted for the moderate sum paid by saying that the dog, which was 12 months old at the time, was then untrained. Prince, the seller of the dog, was, it was explained, now away at the war. Plaintiff considered he was entitled to possession of the dog as he had bought it in good faith and he still believed that it had genuinely belonged to Prince. The dog, it appeared, was found wandering one day last January at Tuakau by Mr John Griffin, a drover, of Onewhero, who caught it and handed it over to the defendant, who claimed that he was its actual owner.

The story for the defence was that the dog was bred by Mr H. K. Irwin, farmer, of Patumahoe, and was handed by him to his step-son, the defendant, for the purpose of having it trained by Griffin. The last-named, it appeared, had occasionally seen the dog accompanying plaintiff at various sales and had informed him that he had no right to its possession, but that he could retain it until it was wanted by its proper owner. Ultimately it was secured by Griffin, as narrated by plaintiff. It was mentioned that it was not suggested that Prince, who had sold the dog to plaintiff, had acted dishonestly as it had been lost by Griffin and had probably been found by Prince. The dog was brought into Court and on being examined by the Magistrate was found to bear over its right eye a lump of hard growth, by which it was specially identified by Mr Irwin, its breeder, who said the injury was caused by a kick from a horse's hoof in its puppyhood days. The magistrate considered that ownership had been established by defendant and gave judgement in his favour with costs against the plaintiff of £2 18s 6d.