RESIDENT COURT, TEMUKA.

Temuka Leader, Issue 394, 31 May 1881, Page 2

RESIDENT COURT, TEMUKA.

Monday, Mat 30, 1881. (Before J. N. Wood, Esq., 8.M.) DRUNK AND DISORDERLY. Charles Campbell was charged with being drunk and disorderly on the 26th instant. Opustably Burkp, deposed : Between three and four' o’clock in the afternoon of Thursday last I was sent for by a man named Serge, a painter, to take away accused, as ‘he was knocking about his premises and annoying him. I requested him to go away, but he would not. I then arrested him. fo r being drunk and disorderly. On the way to the lock-up he became so violent that I had to get an express to convey him thither, and also to handcuff him. Shortly afterwards I heard him knocking at the door of the cell and making a great noise. On going ltd him he picked me on the chin. I then took his boots off. He continued striking me, atid tore my shirt. The, accused, in, reply, stated that the .constable had kicked him over the left eye, and showed his Worship a large part of his forehead, neat* th,e left temple, i*bandaged, up with sticking-plaster. The , constable, he said, had also dislocated the thumb of his right hand, completely turning it round in the scufflje. He had ,‘been compelled to call in the services of a doctor. His Worship fined the accused 10s, or IS.hburs* imprisonment, for being drunk and disorderly, and 10s, or 48 tours, for assaulting the constable, together with Is for hire of an express. The amount was paid. CIVIL CASES Hopkinson Palmer- Claim 11a. This case hud been adjourned from last Court day for his Worship's decision. His Worship gave judgment for amount claimed with costs.. Gibbs v. Wareing—Claim £ls for value of cow and £'s as damages for detention. Mir White appeared for plaintift and Mr Hameraley for defendant. Edward Forward deposed that about two and a "half years agp he sold three eows to the plaintiff There wks a white one amongst ‘ them. It had, not had a calf. He cut a half moon out of the near ear. There was nc brand visible. He bought it from Mr Maclean by auction at Terauka. tie had seen it since at a distance, about six weeks ago. (Know White's paddock. Never saw it in there. He sold the three head, for £ls, or £|s each. By Mr Hainersley ; Hp was about 5 chains from the cow . when he last saw it. He could not swear that it. was the same cow he sold to Gibbs.

By Mr White : I have no doubt in my mind that it was the same cow.

William Dysqij Repose! to seeing a white cow rjinhinjij fg bi§ father's paddock about 18 jabntha a|Q. It had a half moon cut out of tlje near ear. It was not branded. He go f t it fzqjp plaintiff to-put it in the paddock. It was in the paddock |or about three months. DonJt know how it got out. §aw it in poijnd about fifteen months after missing: it. If ad a good look at it in the poifnd. Saw it had a half moon cut out of the ear. Sa iv a brother of the plaintiff about it, and we went to the pound. When they got there it was taken out. Saw the cow since in defendant’s paddock, about three weeks after. Went with Gibbs to Wareing and then came to town and saw Mr Philip Wareing, and spoke to him about the cotv He said that they better wait till hi® brother came from Timaru. Philip Wareing said it was branded.. Gibbs and himself Went f>ack to the paddock but did not find any brand. If there had been any they would seen them When Joseph Wareing arrived Philip Wareing told him that Gibbs claimed the white cow. Joseph Wareing said “He can’t, its branded with my brand.” William Gibbs said “ Are you sure" and he said he was. Went up with Gibbs next morning to Wareing’s place. Saw farcing who said he fiad been waiting about an hour and would not go with us to the paddock. The latter was about a mile distant. Mr Joseph Wareing said he bought the cow Iron® Mr Rolleston. Arthur and William Gibbs and myself went to the paddock to look at |he cow. Saw her. It was the same one. She had m brand only the half moon cut in the ear.

By Mr Hameraley : The is taken, out of the side of the ear. He was not sate whether the tip of the , ear was cut or not. Recognised the cow when in the Found fifteen months after running in our paddock, from its general appearance and the ear-mark. It was a little thinner than f,he me lost. Could not swear whether Joseph Wareing said he bought or brought the cow from Mr Rol-, leston. That was from two to three months ago. His father’s place was between Temuka and defendant’s farm. The cow was about two months in calf when it g q\ away from the paddock. By Mr every day when she was in my father’s paddock. Thomas Chapman deposed to knowing » white cow belonging to Gibbs. It was short horned, It had a red mark in front of the head. Never rpticed the ears or any brand. Saw it evfery day, about eighteen months ago, nmning at plaintiff’s place. Saw it after in Marshall’s paddock, and afterwards in- defendant’s paddock. That was about eight months ago. No one was with him when he saw it in Wareing’s paddoefc*. Maurice Colville deposed to knowing a white cow that defendant had and that plaintiff claimed. Saw it when defendant fetched it from Mf Kolleston’s. It wa then in defendant’s paddock. Never saw the cow before. That was about six months ago. Don’t think there were any brands on it. There was a half-moon on the near ear. It was a pure white cow. He drove it from Temuka to Wareing’s stockyards, at his orders. Ellen Break well deposed to seeing the cow in question. It was shown her by Mr Gibbs s-bout fourteen months ago. It was quite white, with its ear cut on the near side. She saw a brand looking like G on the off side of the rump, but it was very indistinct. She did not buy it as it was lost. Saw the same cow in White’s paddock. By Mr Hamersley : I valued the cow at about £lO. That was about fourteen months ago. It had, no red mark on it. The calf would have been worth £3 10s ■ when she saw it in White’s paddock, and the cow about £lO

By Mr White ; From tjie appearance of the cow I considered it had had two calves.

William Jones deposed to haying been employed by defendant, as ploughman. Remember Mr Warning waking up a boy :to assist him in taking the cow away, about three months ago - , at. daylight.

Jphn Lawson deposed to being 1 Pound* keeper, and produced the Pound book for : 18th November, last. There was a cow, ealf, and heifei;. impounded on that day The white cow. had; a half, moon cut-out of ■ the ear on the near. aide. There was no other visible brand, oy. any red marks. She was released in the, course of the evening, by Philip Wareing, having been four hours in the pound. Mr Wareing looked at the cattle, and appeared not sure of theJM first. He said afterwards that he would take them out. He npt sign for them, but said he would do so*the following morning. He. ultimately did so ;on the evening oi the Ist December. In the column of the Pound; book for the insertion of- owners’ names he had inserted tiie name of PhiHp Warelng, but he told witness to alter ifc to Joseph Wareing, as the cow belonged to him. Thomas White deposed to being a farmer at. Milford. Remember on 27th November last, the defendant sent down own cow, one heifer, and one calf by youag Colville. Joseph Wareing saw him a few days previously and asked the price for grazing. I told him 2s each including the calf. The cow had an ear mark of a half moon. The calf was red and white. Never grazed cattle for de

fendant before. My paddock is a little more than half a mile from his. The cattle remained there 20 weeks. Mr paid him 25s for the cow and calf Oibbs took the cow and calf away. Gibbs after in Timaru and spoke to him about the cow and calf.

By Mr Hamersley: He gave the cow and calf up to Gibbs and was prepare 4 to taka any risk for what he had done.

William Ackroyd deposed to being a butcher. Philip Wareing asked him to buy a light colored cow. Did not notice her brands or ear marks.

Constable Burke deposed to having a conversation with Philip Wareing about a. cow on the same day that Gibbs brought a white coW from White’s place. He said that when he got home that night he would put an end to the dispute. Wib ness understood it to mean between himself and Gibbs.. When I went into store lie asked pie in a jocular way if I was going to arrest hinv Wiliiarp Gibbs deposed to being a brother of plaintiff and remembered him buying a white cow about two and a half years ago. It was branded half moor} out of the near ear cut by Forward. It was taken to my father’s place. She had a red and white calf about 5 or, 6 months afterwards. We put her with sber| in Dyson’s paddock when she became dry. for the winter. She was about 3- months, in the paddock when she got out. Saw. her next at Mr Wareing’s place about five ; months after. He saw her there audj went and claimed her. Spoke to a employed on Mr Wareing’s farm. Examined, the cow and knew her by her. general appearance and ear mark. Went and told Philip Wareing he had got hip cow. He said ‘I Oh, no, all my cattle are. branded. Come and I’ll show you the receipt.” He showed me a paper but would not let me have a look at if- He nothing (e do with the, cattle and that 1 was to wait till his brother came out from Timaru. When he did come Philip Wareing said to his brp thcr. o Herea Gibbs come to claim the white cow.” He replied “AH my cattle are branded.” After that Philip Wareing. gaid “No Joe, they are not branded.” He asked witness to go and see them at ht* place but could not go down at that time* Dyson was witness all the time. They then went home. He went to the paddock four days after and found the cow and calf had .gone out of the paddock. Saw again about three weeks after. Witness, asked him what he had done with the cow. and he said “the cow is all right, you will never get it again.” He said he bought it of Rolleston and it would take £SO to, get, him down here.

By Mr Hamersley : I swear bej3j.d—oofc say he brought it from JtpJiestSn s Don t recollect what month she was put alerter Dyson’s paddock. Saw her in Wareihg’s paddock five months after when he went with young Dyson. Arthur Gibbs deposed to buying the cow about 2£ years ago of Edward? Forward. About 18 months ago he put her in GeorgeJDyson’s paddock. Heard three that she was lost. Saw har in Wareings paddock, after she was released out of the pound. He examined her well. He could swear it is the same cow from the ear mark. Never saw any. oiher brand on the cow. Had experience, anongst cows for 16 years. He went to, Wf.reing and told him that it was his cow*. He said it was his, and that he bought it of? Mr Bplleston. Then he said he had »lot ofcattle break out from the farm. Then he said thefow was given to him when a calf, and he'reared it. He did not give it to witness. The cow is Worth £8 or £9, and. the calf about £4. Saw the calf afterwards at White’s. possession of the cow and. calf from White’s paddock. He was driving the cow flpme when Philip Warring, took her from lV m - Ha had not had pos-’ session of the cow since. -

Mr Hamersley cross-examined the witness at considerable length. » For the defence, Mr Hamersley called Joseph Warring, who deposed : I am a farmer, and was living on the Levels, Plains,-about four years ago. The cow in question was calved at Kerry town, about four months after its birth 1 doubled. the ear and took a back notch out of it. I drove some cattle, together with t his calf, about four months afterwards to a farm, at Rangitata. About three weeks, afterwards a loti of Rolleston’s cattle strayed on my land, an/ were taken away while 1. was away. When I came back i the white heifer calf had gone. A few sleeks after I tried to cut the calf out of ■ the mob. but corld not do so. It stayed therg fSr a year, i, I had correspondency with RoHestpn about the calf, but did not ; it back til September last, when WtlUpni Robidson and one of Rolleston's, men some cattle off the - ' swamp. I claimoi' the cow and got it,'UL. together with a calf-that had been branded JB. I took them to Milford and put them into my paddocks. Some few weeks afterwards f drover® heifer.cow, , and calf down to Temuk®, and a few weeks after the three were impounded and afterwards released. 1 never stated ; to the Gibbs’ that I bought - the' cow of Rolleston, but that I had frought it from Rolleston’s. I knew that the calf was. , branded, and thought thahßollestOn had had the other branded alsj I deny that.. ' I ever said all my cattl Apro branded. Saw the cow about two yejts igo at Roileston’s, and can swear if was the one I got deliveyr^^^V'

By Mr White : I never told the Gibbs’ that I had all my cattle branded. I have pot branded any cattle for about twelve years. The cow and calf were in my possession till about three days ago, when they were sold by auction at .the Washdyke Yards. I got £4 10s for them. {Account sales produced by MrHamersley). Margaret Wareing, wife of Joseph Wareing, corroborated the evidence of the previous witness.

Philip Wareing, deposed : I am defendant. I never said to young Dyson that the cow was branded with my brand. I have no cattle brand. I never said a jrord about a receipt. My brother gave me a piece of paper describing the cow, calf, and heifer. I never refused to show it to plaintiff. I did not refuse to sign the Pound book ; I was on horseback at the time, driving cattle, and told the Poundkeeper it would do another time, ’By Mr White : I told Gibbs that the co >v was mine. He said it was his, and asked me to give it to him back. I told him I would not do so, and that if fie persisted in his deipand there was a mediator in the person of the Resident Magistrate, who could decide to whom the cow and calf belonged. 1 think I tpld the constable that the best thing to do would be to kill the cow, and send Gibbs a few pounds of Gibbs demanded the cow and calf of me a few days before I sold them. I never told anyone that the cow had been bought from Mr Rolleston. I. state, most emphatically, that I never told Mr Job Brown that I bought it from Mr Rolleston, or paid any money for it. I never told Gibbs, in the presence of young Dyson, that the cow was branded. I could not have told such a lie. My brother said that the cow and calf were both branded by Mr Rolleston. I offered the cow to a butcher in town as I considered the sooner she was disposed of the better. Don t recollect asking Gibbs as to what he valued the cow and calf at, but after the summons was issued, and served on me, I said to him, “ Surely you don’t value them at £ls. If you do, I shall make a nice'little thing out of cattle this year.” Patrick Nolan deposed to the identity of the calf four years ago, and to her straying to Rolleston’s place. Charles Cameron, in the employ of Mr Rolleston three years ago, deposed to a white cow being there belonging to Mr Wareing- It bad a back notch pn the near

After several other witnesses had given evidence, and the counsel on both sides had addressed the Bench, His Worship said he should give judgment for defend ant. Mr White asked that he might be allowed to accept a nonsuit, which was granted; W Jones vP Wareing—Claim £lO. “Mr White for plaintiff, and Mr Hamers ley for defendant. Judgment for amount claimed, less 245. The Court rose at five, o’clock.