WAITARA NEWS.

Taranaki Daily News, Volume LV, Issue 316, 30 May 1913, Page 7

WAITARA NEWS.

S.M. COURT. (From Our Own Correspondent). At the Magistrate's Court, before Mr. A. Crooke, S.M:, judgment for plaintiffs li,' default in the ease of W. Jury v. W. }...'Tothil), claim 12s (id, costs Cs; Opensiuvw v. W. Eophia, claim £7 Os Bd, costs 30s (id. Judgment and Co. (Mr. Nicholson) v. P. J. Sheeny (Mr. Frank Wilson), claim £57 Is 2d. Defendant had been storekeeping at Okau, but was now laboring at Patea. He pleaded inability to pay the amount. After hearing evidence of defendant, his Worship said he eould not make an order. Fairlcy v. William Ross: There was no appearance of defendant, who was ordered to pay the amount claimed, in default imprisonment. A. Klenner was charged with having failed to brand some slaughtered meat. Defendant said it was the fault of his employee in omitting to do so. Defendant was fined £3 and costs 7s.

On a charged of offering sheep infected with lice, John Corlett, who pleaded guilty, was fined £1 and costs 7s. Mr. Nicholson said defendant himself had not seen the sheep, but had instructed his manager to dip them some three months ago, but evidently had failed to do so.

Frank Rattenbury pleaded guilty to having carried powder as freight on a launch to Tongaporutu, and not guilty to proceeding to sea in the same launch without a certificated master. Mr. Hcmpton appeared on behalf of the Customs and Mr. Nicholson for defendant. • The defence was that the amending Act of 1000 did not now require the survey as provided for in the 1008 Act and the regulations of 100(i. It was agreed that the two cases be adjourned to New Ply-. mouth, the Colhctor of Customs to com-' municate with the Minister as to whether the Department was prepared to appoint counsel to argue the law points. ABOUT A POXY. .• - • J-olm -Aubrey (Mr.-■• Stead) v. Sarah Street (Mr. Nicholson), claiming the return of a pony or its value, £lO, and damages £!!. Plain!ill's evidence, which had been taken in \Vuip:nva, .was to.the effect that he owned the pony in question, ami had not sold il. to his father, who died sonic few months ago. (lie.bitter giving the pony away to defendant without plnialiU's authority. Charles •Aubrey, brother of plain! i il'. said he knew ihat the pony belonged to bis broiher. and the whoie family recognised the fact. When plaintiff left.home his father had charge of the pony for its | n-.e. Since bis father's death in I'Vbruarv hist defendant had bad of tl.'c pony. Mad reason to believe tli:- 1 defendant, who had been housekeeper for hi-; fallier. bad a great influence over him. so much so that, although ami his filher were always ."nod friend-, a request bv defendan! would be accei' .1 to as against witness' adviee. lie <V- :;. :;...: •.: :;.,; .•..:::.:.:.:, :::..; ::c.-;Ur,

who had been away from Waitara for five years, came home last Christmas and saw his father. The latter was independent when he died. He retired from the railway some three years ago on pension. To Mr. Stead: His father was receiving him that his father had the use of the horse, but it was the property of the brother. The latter asked witness to claim the pony at his father's death. When his father died, or a few weeks before his death, he owned a section worth at least £4O, furniture insured for £75, three cows,.,and a trap he paid £l3 for. The whole would be worth over £IOO. To Mr. Stead! His father was reeciving several amounts as sick pay, rents, free house and retiring allowance. His father had some years ago admitted that the pony belonged to plaintiff. Fred. Aubrey corroborated the previous witness's evidence,and also stated, that plaintiff told his father at Christmas, that he wanted his pony, when his father said that he had given it to Mrs. Street. Plaintiff said that he could not give it away, anil as his father was ill and upset the matter dropped. There was in one else in the room.

; To Mr. Nicholson: The gig belonged to plaintiff and himself, but neither made ' a claim for it when their father died. ; The defence was that plaintiff's father hd'i given the pony to defendant in lieu ; of wages. Defendant gave evidence of having acted as housekeeper for plaintiff's father. ' The late Mr. Aubrey always, said .he. owned the pony, having bought it from plaintiff. When plaintiff was in Waitara some five years ago he asked his father for the loan of theildrsc and gig. Heard the conversation between plaintiff and his father on .Christmas Day'last. Aubrey, senr., told plaintiff that he had given the pony to witness, and that plaintiff's mother had paid him for the pony. Fred . Aubrey had at the same interview claimed the gig, but his father denied the fact. To Mr, Stead: Received all moneys and paid all accounts. Had kept the balance of moneys above the accounts paid. There we're a few pounds over. . After inspecting' a schedule of chattels of deceased, A. Aubrey, his Worship said he would' adjourn the case until next Court day,"Mr. Nicholson undertaking to subpoena a sister of plaintiff, who had made out the schedule.