RESIDENT MAGISTRATES COURT, PAEROA. MONDAY, JANUARY 7, 1889.

Te Aroha News, Volume VI, Issue 332, 9 January 1889, Page 2

RESIDENT MAGISTRATES COURT, PAEROA. MONDAY, JANUARY 7, 1889.

.(Before H. W. Northcroffc, Esq., R.M.) i Dickky v. Browne : Plaintiff in this case claimed £100 for damages and trespass, whereby defendant caused the death of the well-known thoroughbred entire borse Libeller. Mr J. A. Miller appeared on behalf of plaintiff, while Mr I Browne conducted his own defence. The | following witnesses gave evidence :— . Nathaniel Dickey (sworn) stated : I am plaintiff in this case, and was owner of the horse Libeller, which died on 16th November }asf;. purchased libeller from Mv W. Bobbett, butcher of Shortland, Thames. I know the defendant, Biowne, who is the owner of a stallion called Kenilworth. He was in the habit of bringing Kenil worth to my place during the season of J387. He only stayed about a f qrtn jght when I told him I could not have his horse at my plane any longer, and he then took Kennilworth to Mr Phillip's, and did not come* to my place again during that season. He came to my place this season about 6fch or 7th October last without my permission, and stayed two day's and one night. I met him as I was cominghome on the Bth October, near Komata, when he afiked me to let him stay at my place and I told him he could not, as I j had another horse there, and told him not to come back there again, I also left word with my man, Clark, that if j Browne came again he must not stop there. I also told Mrs Dickey the same. He came again about one week later, and also on 15fch November bringing his horse Kenilworth with him, he had no authority from anyone, and came against my express orders, I had my horse Libeller in a loose box there at the time. There was a crack in one of the boards so that the horse could see out but the box wns otherwise close boarded, I was at Waihi on the 15th inst and did not get home until after 5 o'clock, when I fcund my hcrso very ill, we had (o lead him about to keep him from lying down. Defendant was not present at the time, but my man told me that Brownehnd been there with Kenilworth and a mare, in front of the box in which my borse was kept, and that my horse had bust him«elf t nml when lie went in toliimhefouml him in astateof perspiration, and trembling. Libeller, through the oracle mentioned could see Ihe action of Kenilworth and in the ordinary course of events could have heard, find oven scented him, and the effect would be to cause him to' get very excited, so ns to throw himself down in the box, thereby causing him to got the injuries he received. When I arrived home I did all I could to relievp his sufferings, as we could not succeed in giving him medicine we gave him nn an injection, the result of which caused him to pass thick blood, from which we thought he lia-1 buisfc a bloodvessel iiibide. lat once sont for Mr Brown, veterinary surgeon, Thames, who arrived about half-pasfc five next morning, but Libeller died within half an hour of its arrival. The horse was opened after his death, and I was present, when it was found that he had ruptured '.limself through a fall, and burst a bloodvessel, which Mr Brown said was quite sufficient to cause death. I was with the horse all night, and up to the time of his death. He received no injury during the time I was with him. When I saw the horse on the previous morning he was in a good state of health, and was so all the week previous, 1 valued him at £100, but think he was worth considerably more to me for stud purposes, as I already had the promise of twenty mares, the fee for which would be four guineas each. By defendant : I saw you at Komata and you asked me if yon could have a box, you said : " I stayed at your place last nijjht as I thought I could get a box ;" I replied that you could not as I had another horse there. I distinctly told you not to bring your horse to my plnce any more. I know from the description my man gave me, and the way in which the horse was found that ho had thrown himself in the l>ox. My man told me he opened the box and pointed out to you the state in which Libeller was in, and you replied, "By George it wont do for mo ; to come hereany more with Kenilworth." In reply to Mr M iller, plaintiff stated that the defendant knew Libeller was at his place. In reply to His Worship : The horso could not bear anyone to touch him across the kidneys, I then gave him an injection of soap suds and w.irm water. The horse afterwards passed thick clotted blood, and when subsequently opened it was found that the blood vessel across the kidneys was broken, and part of the intestines ruptured. George Cooper gave evidence to the effect that he was at Dickey's farm on the 15th, when he took a mare to Kenilworth. He was told by defendant to take the mare there, he was not, however, awavo that Libeller was on the ground in one of the boxes close hy where the mare was stationed on that occasion. ! W. BobboU (sworn ) stated : I was the owner of Libeller, and sold him to the plaintiff, Dickey, who took possession of him about, the Oth November last. I value the horse at 300 guineas, and think that by his death the country has suffered a great loss. The horse was my property for over five years, and was always in good health. Mrs Dickey, Thorn is Clark, Denis Morrigimn, aud Joseph Dell, all jy-ive corroborative tvuicnee, to the. effect that

Browne had been warned off the praraiseg several 'times 'prior, to the 15tk Nov.. when he came again, and it was then Libeller receked' his injuries, and died the following morning 1 . The witness Morrighan stated when he opened the box he saw Libeller in a fearful sfcate ef perspiration and trembling violently, and drew the defendant's attention to it, who, replied, that it would not do for him to come there again. John Russell (sworn) stated : I travel with a horse called Cap-a-pie. I'remember the death of Libeller, and had' some conversation the day , after the horse's death with defendant, and asked, him had he heard of it. He replied no. I told him I heard the horse was dead, Brown replied, " I hardly think he can be, as I saw him yesterday whli the young fellow riding him, and Libeller then looked all right;" Defendant said he took Kenilworth over to Dickey's to meet a mare, and afterwards had a look at Libeller, and he had worked himself up into a fearful state pf excitement. I He told tne then that it would not do for him to go brfek there again as he would get himself into trouble over it. By defendant : I kept Cap-a-pie at Dickey's. He was kept * n a box next to Libeller, a donble wpoden partition separating the two horses. The boy bad Libeller out for walking exercise on the afternoon of the 15fch. He did not slip or fall that day. Thomas Brown, veterinary surgeon, Thames, deposed that he knew Libeller for several year's past, and he always appeared in good health. Was sent for to see him on November 10th, and on arriving at D.ckey's, between 4 a.m. and 5 am. on that date, found Libeller in the la9t stage of inflammation. Did what was necessary to ease the horse, but from the first, saw he was dying. The horse died about an hour after his arrival. On opening the horse he found the heart and lungs sound and healthy, but an inner artery was ruptured. Also found several bruises. A fall or blow would cause the rupture and death. Before opening the horse he thought an artery was broken, for blood had been streaming down the horses hind leg. The liOrse could not have live! owing 1 to the injuries lie had received. Valued the horse at' 200 guineas. By defendant : I think I am qualified to give an opinion although I halve no diploma. This closed the case for plaintiff. For the defence Robt. Browne stated that last season lie arranged with plain - tiff to keep his horse, Kenilworth, at his (plaintiff's) stables, bnt about the middle of the season plaintiff toM him lie li.nl no room for Kenilworth nny longer, whereupon ho arranged for a stable elsewhere ; but still continued to take the horse there 1 at intervals by appointment with the owners of mares ; plaintiff raising no objection. Clark never told him Dickey had given instruction 5 ! that he was not to take Kcnnilwmth on the* ground. On November 15th there were several men at Mr Dickey's, but none iof them maile any objection to hi i = hrinijincj Kenilworth there. He wa,s not aware Libeller was in the stable at> the time. >Saw Libeller in the stable after-, wards, but he appeared quite cool an*l quiet. Did noi hear of Libeller's death until November 17th, at Te Aroha. | Understood the permission he received from Dickey held good until Dickey told him otherwise. At the conclusion of the evidence Mr , Miller addressed; the Bench. His Worship gave judgment for plaintiff for the full amount claimed, viz.> LlOO, with costs Ll6 15s.