A MAORI AND A CART.

Taranaki Daily News, Volume L, Issue 59, 14 May 1907, Page 2

A MAORI AND A CART.

on) UK m;i II"; In the Magistrate's Court on .Monday .Mr W. ii. lliddell, 5..\1., h.'ard 01 i.1.-nu-ill a claim hy A. Crawford Jiiiiiiic, o< Warea, against William Harvey, oil Piingjivltu, for the possession of a vehicle. -\lr Claude Weston appealed for the plaintiff ami Mr J. 11. Quilliam for the defendant.

Sir Weston slated ..h .'facts were tint: lie jilnimiir had lent a cart to a unlive, lamed Inia, who hail not. retunie.l it.'.

bul placed it in the h mds: of a eo.ich • Imihli'i" for repairs. The la t.T repaired if. ill' u cot of .CI, and refused togive it to pluiiuilV unless tlial amount were, paid.

Mr Quilliam suggested tlip difference Has between plaintill' and the native. Binnio could olitain the trap now )>y paying lhe ,C 4 and giving def-ndalll an imleniuitv against iinv action bv the : ' native. ' '

Mr We-lon d 'dined to do thk I'lainl ill's evidence \ra, to the ellVe: Unit he had lent his trap to Iniii, in the early part of .January, the Maori saying he wanted ,o shift some chain harrow; from Ibihotu to Puilgirellu. lie promise,! lo re'.ui'ii the cart Iha I night, or. aI. the latest, next morning. Thei" was no men Jon made of .-oiling the cart then, though (ilia had previously offered plaiuiilf h for it. the olfev being iv - fused, as the value of C 7 10s was upon it. The cart was not returned as promised. A few days afterwards he Raw the native, and asked why he Ini.l not returned the earf. (he Maori roplou that, he ilmught of buiyng if for .CI, which offer was refused. Tnin said (he trap was at Harvey's, under repair. Witness went to Harvey, who lvf.uscd to give him possession. Towards the, latter end of February, Inia declined to bring liack the can, claiming it as his own, but at the same interview hj» admitted Ik- had only borrowed it. The repairs to the cart co-t about CI. lie would * not have spell; that amount. To llr Quilliam : Jf Harvey said thai

when he, got tin' cart it was not fit fox' u journey of 20 miles, that would not lie tviu'. Did not ask Harvey to "liold ilia tra|i for mi', as Inia hasn'l finished paying for it." At llic time tile Jlaon was doing haymaking for him, but had not completed the contract, lie denied the

Maori's sworn statement that he had purchased the trap for Co,, paying on account the £2 10s owing to him for

work done. ' lie was no; prepared to pay the .C 4 for repairs ami take the-' trap. Mrs "Binnio, wife of Hie previous witness, corrdlioratcd this evidence. She. also siid her husband had decided 'not to s-ll the cart to fnia, as he had made

other arraiiucnients. llr Quiliiani repeated that the action should have been brought against Inia, ns Harvey held the cart morelv as bailee. All efforts to get Inia before the Court had failed.

His Worship said the native should bo joined hs a defendant. William Harvey, the defendant, conchbuilder at J'ungarehu, stated that George Inia lirouglit the trap to him alinut January Uth lust to lie repaired. The prico fixed was £4. He had to put on a pair of new rims and seven or eight new spokes, re-tiring the wheels. After these repairs he considered the vehicle would lie worth £7. At the time he got it it was unlit to go twenty miles—it might have, lasted only a mile. When Binnie had called to see him, the work had been done. Binnic said, "Will you hold it for me until I see you again," adding that he hadn't paid for the vehicle. He agreed to do so. On the following morning liinuie came to his shop and said. "I've come for my trap." Witness was surprised, having regard to the statement of Binnie the night before. He suggested that plain Mil' should bring the Maori and settle which was the owner right away; but he refused to do this. Saw Inia afterwards, and he said the trap was his. Inia further stated that if Harvey gave the trap to Binnie he would sue him.

To Mr Weston: He looked to Inia for payment. He had made efforts to bring Inia and Binnie together, but failed.

The ease was then adjourned for a week to permit of Inia being joined ns a defendant, the question of costs being .reserved.