RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2549, 31 August 1893, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Tuesday, August 29th, 1893.

[Before C. A. Wray, Esq., R.M.] CATTLE TRESPASS. Daniel An gland was charged with allowing 3 head of cattle to wander at large in the public road, and pleaded not guilty.

B. Toner, farmer, Milford, said that from the 7th August to the 13th, Angland's cattle camped at his gate. On the 12th August three cows and a young one, which he recognised as Angland's. were on the road, and witness had to watch them, because bis own cattle were tempted out. On themorning of the 12th defendant's boy came and asked if witness had seen his cattle. Told him he had seen them. Defendant here admitted that oa the 12th his cattle were out on the road. Defendant was fined 5s a head and costs.

Charles Williams was charged with allowing 3 calves to wander at large in the public street, and admitted the charge. Eined 6s a head and costs. CIVIL CASES. M. Scaniiell v. T. Egan—Claim £5 9s. This was a claim for refreshments and cash.

Plaintiff stated that defendant had paid 20s since the issue of the Buminons. His Worship intimated that it would be better to arrange with the defendant out of Court, as drinks were not recoverable. Plaintiff said he was willing to take judgment for what the Court allowed and have drinks struck out.—Judgment for 40s and costs. J. Brown v. W. Bloomfield—Claim £1 17s 4d.—Judgment for plaintiff by default for amount claimed and costs. F. O. Matthews v. A. G. Scott—Claim £3 10s. Mr Postlethwaite for plaintiff, and Mr Raymond for defendant. Mr Postlethwaite stated that on the 15th July the plaintiff owned a cow in full profit. It was milked on the 14th, and on the 15th defendant camped some cattle on a riverbed, and the cow joined his mob. He made no attempt to cut it out, and drove it at a quick rate to Smith & Stiggins's farm at Waitohi. Me subsequently took the cow with the mob to Temuka, and thence to the "Stumps" farm. From information received plaintiff went to Scott and got the cow. It used to give 81b of butter per week, but when he got it' back it went nearly dry. He claimed £3 damage to the cow, and 10s for time lost in recovering her. Frank Octavious Matthews, plaintiff said he was the owner on the 15th July of a milch cow. On the night of the 14th or the morning of the 15th, the cow got out of the paddock. She had calved nine days. On the morning of the 15th she could not be found. His children and H. C'ollett searched about for her. On information received found her at the Stumps farm, about 30 miles from his place. She looked knocked about. She looked as though just milked. She was apparently from the night of the 14th to the 16th without milking, probably more than 48 hours. Called at defendant's, A. Scott's place, on the way to the Stumps, and asked if he had driven a cow down. He admitted his brother had, and told him it was at the Stumps farm. Asked' for another horse as his was knocked up Mr A. Scott said the cow had been put in Collett's yard, on the way down, but she jumped out. She had been driven past the pouud but not stopped. Had a good deal of experience, and did not think it difficult to cut a cow out of a mob. Had himself driven the cow back through several mobs. The cow was worth £6 10s. Had since had to buy butter from a neighbour. She gave 81b of butter the first week but gave none now. Valued the cow now at £3. Claimed only 10s for expenses. By Mr Raymond : It was a quiet cow, not likely to jump fences, but she had jumped. His fence was not down, but it was not good. Had bought her from Mr Walker, at Kakahu.» Had her eight months, and at first she attempted to break back. Gave £3 10a for the cow dry. Was not in the habit of using the riverbed. Judged by the cow's appearance at the Stumps that she had just been milked. That would be about two o'clock. Mr A. Scott said that she had not been milked before. On the Sunday was told she was driven from Smith & Stiggins's farm at Waitohi to the Stumps farm. Did not think he damaged the cow by driving it back to the Opihi. Mr A. Scott told him to leave the cow several days and she would get over it. He promised to Bend the same man back with her. Did not think it wise to leave her. Had had cattle pounded off the riverbed some seven years ago. There was a road alongside. By Mr Postlethwaite : Took the cow by easy stages back. Philip Stratford, farmer, Waitohi : Saw defendant, G. Scott, with a mob of cattle on the 15 th. Did not see a cow join the mob. Saw several head on the riverbed where the cattle were camped. Was on the riverbed about five chains from the stockyard. Saw a big mob of cattle driven pretty fast. Thought the drover was taking them along too fast. He did not see a beast put in Mr Collett's yard. All the cattle were in front of the drover. Did not see any cattle break back. Had been three years in the district. It was not au uncommon thing for people to lose cattle. By Mr Raymond : It was a common thing for cattle to stray out. Had a good view of the cattle at Collett's, as he had to pass the yard. Henry ColJett, farmer, Opihi : On 15th July saw a mob of cattle pass his place, about 50 or 60 head. Was within six chains of the yards and saw the mob passing. No beast was cut out of the mob and put in the yard. Saw a beast attempt to break back after the mob had passed the yards a few chains. One was a white beast. Knew plaintiff's cow, she was worth about £6 or £7. Had 35 years' experience. Had seen the cow since. Would not give £2 10s for her. On Saturday searched for the cow on the riverbed, The first cattle he looked for were some young ones of his own. Scott galloped between witness' lot and the mob. It would have beaa an easy thing to have cut a quiet cow out under the circumstances. The mob was travelled at the rate of about 6 or 7 miles an hour. To drive a cow at such a rate would damage her for the season. It would not do a cow much good to drive, her 25 miles in ten hours. It was too fast for even a dry beast. To neglect milking a cow for 48 hours would drive the milk off. By Mr Raymond : Scott stopped witness' cattle from getting into his mob. He did not cut them out. It was & long drive to take a cow from Smith & Stiggins's farm to the Stumps, and then back again to the Opihi. It might injure her a little. Not so much if she were milked. Reginald Orton, Poundkeeper at Pleasant Point. Had been amongst cattle all his life. Could cut a cow calved about 9 days out of a mob of 50 or 60. There might be a little difficulty, but if a man was a stockman at all ho could cut it out. Had seen the cow in question. It was, quiet. The cow looked quite dry, Wqu^

give £2 if he had to put it up for sale, or £3 if he had plenty of grass. Cows were worth from £5 to £B. A cow giving 81b of butter would be a good one. It waa a practice to put cattle straying into a mob in the pound if passing one. By Mr Raymoud : The difficulty with respect to stray cattle picked up would not be so much in cutting out as in stopping them from rejoining. Andrew Aitken, farmer, Opihi: Remember seeing a large mob of cattle on the Opihi riverbed on the 15th. Saw Matthews's cow straying out. The cow was making in the direction of Walker's. It was not on the way to Temuka. Valued the cow at £6 or £7. Did not think Uio cow worth more than £2 or £3 now. It would damage a cow to drive her six or Beven miles an hour, and to leave her unmilked from Friday to Sunday mid-day, as it would drive the milk off more than anything. To drive a cow two miles an hour would not hurt her. Had not great experience amongst cattle, but had been milking and driving them for 20 years. Anyone with experience could cut a cow out from a mob.

By Mr Raymond: Did not think it would be wiser to have left the cow at The Stumps instead of driving her home. W. Beedell, farmer, Opihi: Had experience all his life of cattle. Knew the cow in question, and valued her at £6 10s when she calved. She was worth £3 now. Did not think there should have been difficulty in cutting a quiet cow out from a mob. Should not think a cow calved nine days would be likely to try and break back. To drive an unmilked cow a long distance would damage her. The cow was nearly dry now. Was a neighbour of Matthews's. His cattle were not in the habit of getting out. Was at present supplying Matthews with butter.

Mr Postlethwaite desired to put in an affidavit made by a cripple unable to attend, who testified that no attempt was made to cut the of the mob, but, Mr Kaymond objecting, the matter was not pressed. Mr Raymond sketched the outline of the defence, and called George Scott, cattle-driver, Temuka: Had large experience. On the 15th July took delivery of 69 head of cattle near Mr Wigley's homestead. Took delivery about 3 o'clock, and drove them about l£ miles below the homestead and camped them. Returned to the homestead to Bleep. Went next morning and mustered, and found four strangers. Cut them out, and brought his mob on. His mob took the wrong road further down. Went ahead to turn them on the right road, and found a white cow in the lead. Turned his cattle, cut off the cow, and drove her about 10 chains away. His mob waa then getting away, and stringing up a hill. Had to go after them, aud found the cow there again. Turned her back again. After a time she joined the mob again. Took an opportunity and put her in a little yard. Meanwhile some of his cattle got into the riverbed, and the cow jumped out. Had to take her on then. Did not drive fast, but admitted having to go fast when cuttiug the cow out. Went to Smith & Stiggins' a that day, about eight miles. Next morning (Sunday) drove the cattle to Temuka, about four miles, and arrived about 10 o'clock. Milked the cow at Temuka, and drove the cattle on to The Stump*, another four miles. Arrived about 2 o'clock. Left the cow there. She did not seem worse than »ny of the others. Did not see the plaintiff, Matthews. Thought any damage done would be caused by driving the cow back from The Stumps. Had trouble with the cow because of a bull iu his mob. Valued the cow at from £4 to £4 10s. By Mr Postlethwaite : Was about ten chains from the riverbed when he first saw the cow. Camped the cattle at Smith & Stigginß's at night. Did not think it best to leave her there. There wore no paddocks handy to put her in. Had been driving stock for 18 months here. The mob were mixed, principally steers. At Temuka milked her on the road. Could not leave her, as there was n o accommodation. Judged by the cow' s appearance she was not worth much Knew nothing about her milking qualities. It would do a cow more harm to drive her unmilked than milked. By Mr Raymond: Had three years' experience in Australia as a stockman. It waa usual to camp cattle in the riverBy His Worship: Did not milk the cow at Smith & Stigginß'B, as he could not catch her. Thought if he left the cow there she might jump out and get Alex. Scott, sheep-dealer, Temuka: Remembered his brother bringing cattle down. His brother told him about the stranger. (Sot her out of the mob and milked about a pint from her. Sent her on to The Stumps farm, so that she might get something to eat. Later on,,.about 12 o'clock, Matthews came, and said he was looking for a cow. Told him he could leave her, aud witness would arrange to send her back. Would have advertised Iter the next day if not claimed. Attributed the damage to the drive back. By Mr Postlethwaite : Thought that there might have been difficulty in cutting the cow out.

AJolphus Bennett, cattle-dealer at Winchester: Had 25 years' experience. Saw the cow in question iu July running alongside the mob. Accompanied the mob to The Stumps. The cow was fresh, but looked knocked about a little. Did not think a drive of eight miles would hurt her. Had often a lot of trouble cutting out cattle. Some would follow for miles. Had known them follow 20 miles. Tame cattle were often the worstj as they crawled in amongst a mob. A wild one would clear away. Valued the cow at about £4.

By Mr Postlethwaite : A cow might « come on "in three days. If a cow made 81b of butter a week in winter it would be good. Did not consider this a firstclaps cow from her appearance.

J. B. Wareing, farmer, Milford : Had 28 years' experience. Some cows might be difficult to cut out and keep out. Thought it would ruin any beast to drive it 16 or 18 miles after a drive of 8 miles in the morning.

By Mr Postlethwaite: If a cow were driven a long distance, and not milked for about 36 hours, it would do her a 10l of harm. Quiet cattle were more dodgy in a mob.

James Scott, brother of the defendants helped to milk the cow at Temuka. Took about a pint of milk away. Went to The stumps with the cattle. Had a trouble to get her away from the mob. Milked her there, and took all that he could. It was about 19 miles from The Stump 3 to Matthew s's place. Valued tiie cow at from £4 to £4 15s. Kept the cvw'b milk aside, and it did not cast up any cream. Believed the cow had calved more than nine days.

C. Woodley, farmer, Milford, thought the long drive described might have caused a milk fever.

By Mr Postlethwaite : If the cow were milked previous to baing driven it would null do harm to drive her so far back.

It would affect a cow injuriously if left unmilked for 30 hours or so.

His Worship said that as far he could see the cow was wandering at large and joined the mob. Up to the end of the first day there was nothing to blame Scott for, but when he arrived at Smith & Stiggius's it was his duty to have remedied any damage done by arranging for the custody of the cow. Instead of that he took her farther on. He thought common sense, without the mass of evidence, would show that damage must have beendone. He thought, further, that the owner showed some ignorance in driving the cow back after she had already done some distance. The defendant was certainly responsible for a share of the damage, and he should assess it at 30s. The evidence did not show how the 10s were arrived at. Under any circumstances plaintiff would have had to look for the cow. Judgment would be for 30s, with witnesses' costs, but no solicitor's fee.

McLeod v. Barrett. — Interpleader case.

Mr Postlethwaite appeared for plaintiff and Mr Salmoud for defendant.

John Barrett, laborer, Arowhenua, stated that Wm. McLeod obtained judgment against him, and took out a distress warrant. Under that seven pigs were seized. The pigs belonged to his wife. Witness's sister-in-law made her a present of a young pig. She bred from it.

By Mr Postlethwaite : Had told McLeod if he waited a few weeks till the pigs were sold he would get his money. Wanted to wait until the pigs were two months old. Had looked after the pigs generally. Mrs Barrett had grown a lot of carrots, etc., on witness's section and fed the pigs. Ellen Barrett, wife of last witness said the pigs taken by McLeod were hers. Her sister in-law gave her one, and she reared others from it.

W. McLeod, the plaintiff, gave evidence as to obtaining a judgment against Barrett. He told him if he waited a week he would sell the pigs and pay him. His Worship mado an order for the return of the pigs. No costs t were allowed. ASSAULT. John Barrett was then charged with, on the 28th, unlawfully assaulting W. McLeod. The same couusel appeared. The evidence of the plaintiff was briefly that when the distress was levied Barrett jumped up into the dray in which the pigs were and hit McLeod on the neck. He then took up a whip, and attempted to strike him with it. Gunnion, the driver of the dray, interfered, and subsequently Mr Levens. There was no conversation previously. T. Gunnion and G. Levens gave corroborative evidence.

Defendant said that he neither struck McLeod, nor raised a whip to him. He merely pushed him, and caught him by the leg. His Worship did not think the assault very serious, but defendant had evidently misbehaved himself. He would be fined 5s and costs. The Court then rose.