Stratford News.

Taranaki Daily News, Volume LIV, Issue 138, 2 December 1911, Page 3

Stratford News.

I MAGISTRATE'S COURT A CATTLE DEAL. WERE TiiEY " GOOD SORTS?" In the Magistrate's Court this morning Mr. W. G. Kenrick, S.M., was called upon to decide on the merits of a case in which J. G. Buchanan, of Stratford, farmer, sued Henry Kane, of Tokirima, farmer, for 143 Os lid, under the following circumstances. In June, 1011, defendant ordered from C. E. Meyenberg, the plaintiff's agent, OS weaners at £1 His per head. The cattle were to leave Stratford and be met by defendant on the Whangamomona saddle. The J cattle were accordingly taken 'to the place stated, but defendant refused to accept delivery, alleging they were rubbish. Plainti!!' thereupon caused the cattle to hi- paddocked, and subsequently to be sold by auction at Kohuratahi. In*'the meantime nineteen head had been lost. The 7!> recovered were sold at 31s per head, and the defendant himself became the purchaser at the auction. The plaintiff's claim consisted of the loso arising through paddocking, droving, and the loss of the nineteen. Mr. Spence (Spencer and Stanford) appeared for the plaintiff, and Mr. Malone for the defend- ,■ ant. I

The sale of the weaners at the price named was proved by the correspondence produced. George Hendricks, a drover, gave evidence of the rejection of the animals by Kane, of their being turned into a paddock at Metcalfe's, at Pohokura. and of there being nineteen missing when they were mustered again. They were "real good sorts." A BREEZE. Mr. Malone cross-questioned the witness with a view of his affirming or denying that the cattle were a first-class lot. The witne-s said they were a fairly good line, to which Mr. Malone. replied: "That's different to what you told me yesterday." the witness retort-* ing, "I'm ill the witness-box now!" ' Mr. Spence jumped from his seat at the end of the counsel table and. hurrying to within close proximity of the Bench, declaimed loudly against what he termed t lie grossly improper conduct of his ''learned friend." If such practices wejre to go on. he- said, he would retire at once from the Court. He had been appearing in this and other courts for a good many years, but never, either in the Magistrate's Court or in the higher court, had he known counsel to do what .Mr. Malone was doing now. lie says to the witness. "That's different to what you told nie yesterday!" From this it is apparent that Mr. Malone has interviewed my witness outside the court, probably on the. showgrounds, and now lie endeavors to bring into this case something that the witness told him outside, when he knows very well that there is a proper course to follow before any statement made to him under such circumstances can be made evidence." If Mr. Malone wanted this evidence, he should have warned the witness that he had made a contrary statement somewhere. should have brought to the witness' notice the time and place where the statement was made, and be prepared to go into the box and contradict the witness on oath. It was not only improper, but'very grossly improper. I His Worship tsaid that the witness had jumped in with his answer so quickly that it was impossible-to -say what course Mr. Malone had meant to adopt. It was clear, howejfWi that Mr. Malone had not yet made the evidence admissible. Replying to Mr. Spence's assertion that the door, wgs being opened to admit, of unfalj- practices, Mr. Ivcnrick said that "a lot of things are being done which ought not to he .done," but if he wt;re to strictly enforce the rules he would ''drop on" counsel pretty often. Mr. Spence : This sjott of thing is just about the limit, thbugh. Mr. Maloiie said ; lie-wasn't going any further with -the, matter. . "My friend assumes a'terrible 1 crime on tny part. I ask a quVstioVi, and lie immediately arises in KM virtuous indignation. My friend /colistafitly adopts this sort of tactics liirtiself-^-"

Mr. flpeiice'; That is absolutely untrue —absYrfiitelj*' tinbrue. The - i: I; have ruled with you, Mr. Rpctii'e. you are satisfied. If voii gentlemen are not going to drop the 1 matter how.-'I will adjourn the Court. : ■'

,COMPARATI^E;-CALM .SECURED. There were other passages-at-arms as the oa.se proceeded,' and it gradually developed. -

Mr. Maloni?'claimed a non-suit on the grounds that Tiiichanan had no right of action against .the' * defendant, even though, in.'fiicli. that there was between himself and .MeyejVberg the relation of principal' and .agent. Buchanan was unknown, to.lh'e defendant as a party to the transaction until very late in the pioc-eeilings. His Worship r\i]ed against Mr. Malone on the non-suit: point.. Mr. Malone said the clefpnee was that on May 11 iti'vcnboVg told the defendant that he ','lmd a real good line of good sorts,"' which He could do at "Os. That was an oiler to sell by description. The defendant, was a backbloclcs settler. SO miles away, and .lie relied-on the description. lie wrote, hack: ,; I will take that line, if you will, bring them in," throwing the risk and cost of the journey on the phiintili'. TTis Woivhip: Drive them out for your client's inspection?

Mr. Malonc continued that the sale was to be completed if the cattle were up to description. They were rejected as Uicy were not.what, they should be. The TSench remarked that the "rubbish" which defendant refused to buy at 3fls a head were sold later for 31s a head.

Mr. Malone: Mv cli( 'lit bought them later, because a neighbor advised him he would be in trouble over the matter otherwise. The defendant, in bis evidence, said that he relied on the plaintiff's written statement that Hie v.'eancrs were pood He told the drover on the road. "T won't have anything to do with rubbish like them." The drover told him they were Buchanan's cattle, and he saw Buchanan about it at that time, and said he wouldn't pay 30s a head for the stuff. ITe afterwards bought 79 of the same cattle at 31s a head at Kohuratalii. dames Slattery. a farmer, who saw the stock on the road at Poliokura, said hj« couldn't call them a good line. They were in poor condiion. George Smith, stock agent, had seen the cattle between Stratford and Toko, and said they were a very fair line and worth tlio money, but they wanted a few I weeded out. About half would have'

From Our Resident Reporter.

to be culled to make them a really good line.

To the Bench: Then they would be worth another five shillings a head. To Mr. Spence: The cattle eventually brought a very fair price. They would not be improved by the journey. Cattle brought as good prices at Kohuratahi as at Stratford, sometimes better for young stuff. The case will be concluded at the next sitting. SALE TO A MINOR. Mr. C. Scott sued W. Skedgwell for the sum of £5, the price of a horse sold to defendant's son, now deceased. Plaintiff conducted his own case, and defendant was represented by Mr. Fookes. The plaintiff's story was that on February 10 last lie sold a horse to the late Charles Skedgwell, and in proof adduced a document ratifying the sale. This was dated on April 20, 1911. To the Bench: The youth's age was 20 years. For the defence it was argued that the father was in no way liable for the debts contracted by his son, an infant, as he was unaware of the son's liability in the matter until after the latter's death. The horse had since broken its leg, and had been destroyed. The plaintiff was non-suited, with costs. UNDEFENDED CASES. Judgment by default was entered in the following cases: B. Burgess (Mr, Thomson) v. J. R. llaggie, claim £l. Os lid, costs 8s; James Patterson (Mr. Thomson)i v. J. R, and C. A. Haggie, claim £1 12s 6d, costs Ss; T. Scholefield (Mr. Thomson) v. J. M. Dodunskl claim £1 LOs, costs os; S. Potter and Co. (Mr. Thomson) v. P. Joblin, claim £3 10s, costs 18s; McMillan and Frederic (Mr. Fookes) v. H. A. Prebble, claim £3 '2s 3d, costs 10s; same v. J. R. Jensen, claim £1 12s fid, costs 4s; Stratford Electric Light Supply Co, (Mr. Malone) v. J. R. Haggie, claim £2 13s 3d, costs 10s. JUDGMENT SUMMONSES. In judgment summons cases G. H. Mayne (Mr. Thomson) sued A. A. Cuthbertson on a debt of £1 ss. There was no appearance of the debtor, and' an order was made for payment of the debt; in default three days' imprisonment. In Buttenvorth Bros. (Mr. Spence, instructed by Messrs. Syme and Weir, of Elthani) v. J. R. Haggie, a debt of £l3 lfls (Id, an order was made to pay the debt;' in default 14 days' imprisonment. BY-LAW CASES. Ralph Driscoll. E. Jones, W. 11. Robinson, A. Dickenson, and' A. W. Birss were fined as and 7s costs for cycling on footpaths. Walter J. Newton was con-

victed but not fined, his excuse being that 'the road was unfit for cycling, and 'that he was caught in the early

hours whpn he was not likely to meet pedestrians. Hugh Cameron was fined !. 5s and costs for failure to register his dog. OBITUARY ilr. William Noble, sen., whose mortal rqtnnin£ were interred at Kopuatama' Cemetery. Stratford, on Thursday morning, was one of our early settlers. His death occurred at Te Kuiti, where he was staying with his daughter, Mrs. ' George 'Hitchcock, on Tuesday. The ' kte Mr. Noble was in business as a ' bootmalter in Stratford Village days, ' and alSo farmed in the Cardiff district. 1 Pijior to 'that lie had been on the Bendigo and Biillarat'gold-diggings, and was ' one oi, the fast-diminishing ranks of Gab- ' riol'fc Gtfllv gold-diggers. He was an old 'soldier, and served in the Royal Ennis- : killen?. Mr. W. Noble, now of Welling-'ton,-,and formerly of Midhirst arid New I Plymouth, and Mr. J. Noble, of the Tele- ' graph' Department at Hamilton, to- ' gethenwitji Mrs. Hitchcock, are the surviving family. He was Sti years of age | at the time' of his death. ! , ;; > j 1 GENERAL There will be no further sittings of the?' Magistrate's Court at Stratford until December 15. On account of the : eortrthriuso'' being used as a polling place ; on DeeembeV 7 and for electoral work ' on the -following days, the sittings on ; ■ December # has to be cancelled. Busii , upss set (Uiwn for that day will be taken ~ oil the. following Friday. : Stratford' business men should note ; tlmt'thoi'mail for New Plymouth, usually (dosing ."ft filie Stratford' Post Oflice at ■ onc'o'elock, 'to arrive at New Plymouth ! at" 4.17 'or thereabouts, will now close ! aJ 12.2'5 #.m„ ind arrive at the Chief Post Oflice at about three o'clock. !Thc readiness of some business people -to »!>ve c edit brings its own reward. Tn remarking on a case in which a bankrupt ''bad been given credit for a considerable amount, Mr. Kenric-k, S.M., said to-«!ay that too much credit was given , altogether, and that he didn't know , wliatV business men were coming to.

Most of them come to court for their mnncv. Some don't get it, and they go to the bankruptcy Court oil that account., A little chap named Cameron, of Cardill'. was knocked down and injured by a. motor-car near the showground gate mi Thursday evening. From what I can hear, the motorman wasn't to blame ia this matter. The boy was taken to the hospital. A cab collided with a gig driven by Mr. E. Trotter the same afternoon. The gig axle snapped, but no one was hurt. The gig arrived in 'town to-day for repairs. Some Opposition enthusiasts on the Stratford showgrounds circulated the story that the motion of thanks and confidence in the Ward Administration was defeated at Sir Joseph Ward's Inglewood meeting, but that as only Government papers were present this item of news was suppressed. Of course, the story has not even the merit of being a "white lie." The assertion regarding the vote is as untrue as the suggestion that the Inglewood Record is a Government newspaper. Anyhow, reporters don't suppress matters of that kind. 1

LiADIBS' SECTION AT THE SHOW. "Eileen" writes: The Stratford A. and P. Association is deserving of the warmest congratulations on the great advancement made in the home industries section at tlv" show. The entries -were particularly large, and the exhibits included some work that showed very plainly that some of the dainty fingers in this district are not by any means idle. Even our grandmothers—and they knew what good needlework "was —would have felt proud of some of the pretty fancy needlework. Among some of the most artistic exhibits I noticed! some Philadelphia work (or needle painting), which waa equal, to any shown at the Palmerston North show recently, which means that it was of a very high standard of excellence, the designing and finishing being almost perfect. Special' mention should be made of the drawn thread and mcnmtmellick work in several of the classes, whilst the home-made, hand-made bedspreads comprised some excellent specimens. There was very little stencilled work, which was sur-' prising, seeing that this work is quite the rage at present. The school exhibits must be classed as excellent, and it is to be hoped that great attention will be paidi to the development of this section, with the ultimate aim of attracting competition from schools in all parts of the Tarannki district. There was a remarkably fine exhibit of cushions worked in huckaback, riblionwork, and point lace, one that caught my eye particularly bearing on it a peacock worked in, all its glory. The point lace exhibits were not very numerous. The association, to my mind, will do well to continue to pay close attention to the home industries section, not only because of the benefit arising to the association by the increased! "gate," .buit because it is well to encourage a love for art and- fine needlework in our girls. The section was very popular wiith the public this year, and the home industries building was generally so densely packed l that to see the: exhibits one had merely to press up against one's neighbor and be gradually, sometimes gently, propelled iiround the room.

Cookery was a strong section in every way. There were 380 entries in all, and the sizes of the classes were an eyeopener. For instance, there were 25 loaves of home-made bread, in the adult section, 20 exhibits of six scones each in one class, and ten, four, and nine in the other scone classes; no less than 22 sponge sandwiches, 29 fruit cakes, 29 pound cakes, 18 plum puddings and so on, whilst no fewer than seven competitors in the collection of cakes and pastry. The judge declared that the majority of the cookery was really .excellent. * Of the minority he declined to express an opinion, seeing that his identity was known. Seriously, however, the ladies of the district are to be congratulated on the whole-hearted support accorded the association, and on the general excellence of the rookery exhibited.

DK ESSES AT THE SHOW.

(By "'Eileen.") Among the ladies present at the show I noticed: ■ Mrs. T. Fookes, smart gown of blue 'Shantung with oriental guimpe trimming, navy toque, white feather' boa; Mrs. W. G. Malone, well fitting grey 5 tniilor-Tißulr- costume, large black hat; Mrs. Tyrer, brown,- tweed costume, navy straw hat with crimson roses; Mrs. Bendall, white embroidered Tobe, smart blade hat with ostrich feathers; Mrs. Willie, white linen frock, large putty straw hat with paisley drape; Mrs. Lonorgan, pretty gown ot a delicate shade of grey voile, with bands and girdle of black, large black hat with ostrich feathers; Mrs. Smith, dainty bhio gowii with broad bands of .black silk, stylish black hat; Miss Black, smart Harris tweed' costume, burnt straw hat with silk drape; Miss Spence (Haw-era), pretty blue gown; Mrs. L. F. Lawrence, light brown costume with smart straw toque; Miss Mace, dainty white gown; Mrs. Dingle, black costume, black hat with jet ornaments; Mrs. F. Mackay, brown checik cositume, brown hat; Mrs. E. Robinson, shantung gown, smart hat; Mrs. W. Robinson, pretty 'blue floral muslin; Mrs. Riera,, navy costume, black and white toque; Mrs. Robson, pretty violet gown, lrnt en suite; Mesdames Paget, Budge, Stubbs, Cameron, Sangster, Penn, James, Anderson, Hine, King, Wilson, and many others were present, but the rain showers and raincoats soon made an .end of my observations of the miany pretty toilettes. Let me say, however, that it was a particularly well dressed gathering, and that some of the costumes were stylish to the moment.

Mrs. T. Lonergan gave <a very enjoyable ''At Home" on Wednesday evening. Progressive euchre and music formed the first part of the evening's amusement, after which dancing was indulged in until the small hours of the morning. A very happy time was spent, all left having had a most enjoyable evening. About si sty were present. The hostess received her guests in a lovely gown of white chiffon taffeta, with overdress of black lace.