RESIDENT MAGISTRATE'S COURT

Thames Star, Volume X, Issue 3113, 8 February 1879, Page 2

RESIDENT MAGISTRATE'S COURT

i YESTERDAY, (Before Major Keddell, R.M.) civil side. ; Defended Cases, wade v. babty. Claim, £1 13s 9d. The sum of 9d had been paid into Court. J. W. Wade, sworn, deposed—l am a a plumber. Mrs Barty told me to call and see her about a cage. She told me the size and I made it. No price was mentioned. I charged £1 13s. I just charged for time and stuff. The charge was reasonable. I charged 9d for repairing a cullender. Mrs Barty wanted several alterations, which I made. On applying to Mr Barty for the money, he said he would not pay. By Mr Miller—The cage took 14 hours to make, and I charged Is 6d per hour for my man's work. A first-class hand made the cage. I hare about 7s profit out of it.

Mrs Barty deposed that she had offered £1 which she considered enough. George McCaul, sworn, deposed—l am a plumber and tinsmith. I consider that £1 is the outside value for the cage. I could make it for 15». Judgment for defendant; costs 11s. P. AUSTIN V. BXfSVL AKD TINIPOAKA. Claim £15, wrongful detention and conversion of a horse.

Mr Miller for plaintiff. Peter Austin, sworn, deposed—l am the plaintiff in this action, and am a farmer. I know the chestnut colt outside the Court. It belongs to me. It is three years old. I know him by the blaze on his forehead. I reside at the Puke, and the horse runs at Komata, which adjoins my place. I have the mother of it. I saw the horse directly after it was foaled, and have seen it frequently since. In mustering my horses, the colt always came. I bought the mother from Periniki te Koko in 1872, and up to about a month ago, until the defendant claimed it, no one disputed my ownership to the colt. The defendant Tinipoaka, said in the case before the Police Court, that he had given to a man named Smith leave to ride the horse. I demanded the horse from Tinipoaka, but he refused to give it up. The mare has foaled three times since she came into my possession. The colt is her second foal. By Tinipoaka—l know the colt is mine. I have not branded it yet. I have no horses running at Komata now. By the Court—There is a peculiarity about the blaze on the colt's forehead.

Henry Dun bar Johnston, sworn, deposed—l remember Mr Austin purchasing the mother of the colt in question from Pereniki te Koko. She had a lump on the side caused by staking herself. By Tinipoaka—l did not hear Austin say the mother of the horse was dead, nor did I hear him say he had sold it. William Vernon, sworn, deposed—l am in Mr Austin's employ and hare been there for 12 months. Previous to that I was living with him for a year. I have seen the colt outside the court, It belongs to Mr Austin. I have frequently seen it when mustering. It was not full grown when I first saw it. The mother of the colt has a lump on its side. By Tinipoaka—-I first saw the colt when it was 12 months old. Mr Austin has 7 horses.

Christopher Casey, sworn, deposed—l am in Mr Austin's employ. I have seen the colt outside the Court. It belongs to Mr Austit. When I first saw it it was running with Mr Austin's mare and filly. The mare has a lump on her side. Tinipoaka, sworn, deposed—l am the

defendant with Hunia. I know the horse outside the Court is mine. It runs at Komata, and I have the mother here. I also have two other foals from this mare. I saw the colt born four years ago. I have kept the horse at Komata all the time. The horse has been broken in a month. I know the father of the horse. I, Hunia, and another saw the horse born-—at lerst shortly after it was born.

By Mr Miller—Smith broke in the colt. • .;

Hunia and another native gave corroborative evidence.

William Smith, sworn, deposed—l am a laborer. Hunia asked me if I would catch the colt. I never saw it before two or three months ago. . ' -Plaintiff nonsuited without bostii Court adjourned. i -