DISTRICT COURT.

Thames Star, Volume VII, Issue 2792, 25 January 1878, Page 2

DISTRICT COURT.

YESTERDAY.

(Before F. D. Fenton, E«j., District Judge.)

After the adjournment the case, Goonau t. Kelly was called and the case was proceeded with, A 1 r John Mcßea being chosen Foreman of the Jury. Mr Macdonald for the plaintiff, and Sir Brassey for the defendant. John Goonan, sworn, deposed—lama storekeeper, .residing at Ohinemuri. I know Kelly, the defendant. On Friday, 4tb May last, I was on my way from KatK kati to Ohinemuri. I and another man named McGeehan stopped at Falconer's Hotel. On the morning McGeehan and I rode on to a Maori settlement named Waihe, where we stopped in consequence of the rain. I saw Kelly there and heard him having a conversation, with McGeehan about a horse which Kelly wanted. McGeehan would not sell it, and when I saw that they would not make a deal, I told Kelly that I had a horse that I thought would suit if the price would suit him. He asked the price, and I told him £25. He said it was a lot of money, but I said it was no more than the horse was worth. I told him it was at Topping's paddock. It was understood that if be liked the horse, he was to take it out of the paddock, aad pay me on the following Friday, when he came back to Faeroa. He agreed to it. On the strength of that I gave him an order to Topping to get the horse. If he exercised the order he had purchased the horse. He wanted to exchange horses, and give me fconie money. I would not do it. Kelly said he had knocked bis horse up coming from Tauranga, and had left it at the Tillage, and rode to Faeroa on a Maori horse, and was returning when I met him. On the Friday, when he was to hare returned to pay me, he did not come. I left Mr Lipsey with an order to receive the money if Mr Kelly turned up. I had heard that Kelly had taken the horse. Some days after I met Kelly in Paeroa. This was on the Monday or the Tuesday following. I said " Well, what about the horse," and he said " It is not up to expectations." He then offered me £20 for the horse, which I refused, aod he then made several other offers. I offered to take £10 and his horse at the Waihe as part of the bargain for the £25. I gave him distinctly to understand that if he took tho horse out of the paddock he was responsible for £25. By Mr Brassey—l would not lend the horse on trial to any man. I gave him no permission to try and sell the horse at Tauranga- Kelly's horse was quite knocked up. ;':I have riot got the order.

which I gave lo Lipaey to draw the money. I never lent, or offered to lend, Falconer my horse for a month and sell it to him for £25. Kelly never took the horse on trial, but it was a bona fide transaction.

John McGeelian, sworn, deposed—-1 am a settler residing at Ohinemuri. I was with Goonanon a ride from Katikati to Wai he, when I saw Kelly, who wanted to "swap" my horse for his. I did not want to do it. and Kelly went and spoke to Goonan. Kelly began to talk, about a horre which Goonan wanted £25 for.. (Witness here corroborated the former witness' evidence.) The witness was then examined at some length by Mr Srassey. William J£elly, sworn, deposed—l am the defendant in this action. Some time during May last I received a' telegram from Auckland that some cattle I had been taking orer to Auckland had been, detained at Te Arbha by some native!'* Immediately on receipt I went to Te Aroha, and on returning I met Goonan and McGeehan at Waihi, where I had left my horse. First of all I tried to make a bargain between McGeebau and myself to "swap" horses, but we did not. Goonan then said he had a horse to. sell in a paddock four miles nearer Katjkati, and he wanted £25 for it I said if it was as he represented, I would either " swap " or give him the money, or tsfc» the horse to lauranga and sell it. TheW* was no understanding that if I took the horse out of the paddock I had; bought it. I took the horse from Topping's paddock where it was, giving Topping an order from Goonan. I found it a very rough horse to ride, so I tried.to sell it at Tauranga, but the highest offer I got whs £18, so I took it back to Topping's and got my own which I had left there, and rode to Paeroa. I saw Mr Lip*ey. He presented me with an order for £25 from Goonan. I afterwards saw Goonan, and told him I left the horse in the paddock as I could not tell him. and would not take him.for £25. I offered him £20 for it. At that time he said he would sue me for the price oi the hone* As my horse was not knocked «p at Waihi, it wai not likely that I would buy; another.

By Mr Macdonald—l offered him £20 for it, bat not became I was under any obligation to him. The hone was not worth £20 then, nor ever wa». X offered him money for riding it to Tauranga. * I don't remember saying that I didn't like the horse at the price. I said at the other caie, " I saw Gobnan, and said the horse would not suit me at the price* . That I would giro £20 or £5 and my owftr horse. H« replied that he would not '. . take less than £25, and I said I'd better pay you. for the time I had him." Goonan said," Ho, you should not have taken him." My horse was not knocked up, and I never told McGeehan that it was. I tried to make a bargain with McGeeban bat could not, and then it was that I tried to get Goonan's horse. By Mr Brassey—My horse had been a week at the native village where there was good feed. •':•:

I William Fraser, sworn, deposed—l am E.M. for the district of Hauraki. I have heard part of McGeehan's evidence/and heard him swear on a previous occasion-" Mr Macdonald here interrupted witness, saying that such evidence could not be ' tendered, as when giving his evidence , JMrGeeban's attention had not been called to the time, place, and circumstance of the event respecting which he-was giving evidence. ' . ,■= Mr Brassey contended that he had a" perfect right to tender soch evidence. He suggested that- McGeehan might be re-called to get over the difficulty. Mr Macdonald said that tne rules of the Court would not permit that. His Honor said that the only way was for him (His Honor) to re-call MoGee* han.

Mr Macdonald said he would objeot to that, and asked His Worship to make ft note of his objection. McGeehan was then called, bat had left the precints of the Court. Alfred Falconer, sworn, deposed—l ra> side at Katikati. In the month of May , last I saw Goonan, who offered me the horse for £26. He offered to give me ft. trial of it, but I forget for how long. Francis Lipsey, sworn, deposed--I rev, side at Ohinemuri. Some time in Maylast I was at Paeroa. I was speaking to Goonan about a horse sale between him and Kelly, and he gave me an order, .to get the money from Kelly. He said he expected Kelly over in a week or a few " days, and Kelly would give him £25 or £10 and his (Kelly's) horse. Mr Brassey then addressed the jury, commenting to some length on the evidence. .- Mr Macdonald replied, and then Hip", Honor briefly summed up, and the jury' retired to consider their verdict. In about ten minutes they returned and recorded judgment for plaintiff for £26* and costs £1218s. : ■ : ' ' Mr Brassey applied that execution be stayed pending the application for a new trial. This was granted on theft condition that the money be paid into Court. bx vka. 0.m.c0. ' '' "' A formal order was made on the application of Mr Macdonald with reference to the winding up of the Una G.M.Co. The Court rose at 7.10 p.m*