RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3575, 11 June 1880, Page 2

RESIDENT MAGISTRATE'S COURT

(Before H. Kenrick, Esq., E.M.)

CIVIL SIDE. PATRICK TRAINOB V. H. E. CAMPBELL.

This was a case to recover the costs of plaintiff in the late Heensing case in connection with, the Warwick Ai-dis Hotel. Mr Brassey appeared for the plaintiff. Patrick Trainor said he heard the licensing case i a which Mr Mclihone was implicated. He asked Mr Campbe-1 for his costs, but was fold " to wa^'t til he got it." Messrs Mcllbone and Alexander corroborated. Mr Campbell denied that ho had made use of the words i I'eged, and that he toid compla'oant to come to his office for his money. His Worship said that there was a great det'A tco much personal spite in the cases (bat had lately come before him. He must order Mr Ca rnpbeH to pay the j costs into Court, but should not allow a j solicitor's fee. J Mr Brassey: I tbiok— j H:s Worsbip: You haze no right to comment on the jt figment of the Court. You can do so outside, but not in. DALZIEL V. TILLEK. In this case Mr Miller appeared for the defendant, aad Mr Brassey for the plaintiff. Mr Brassey in opening his case, said it was a claim for the value of a cow, which was drowned through the negligence of the defendant. Masters of vessels showed a great amount of carelessness when landing cattle, and that carelessness often resulted in considerable loss to 'shippers. The cow was put into the water when in a crippled condition, and after bein£ towed a short distance,, was left to the mercy of the waves. He would show that the action of defendant had resulted in the loss of the cow.

Joshua Tiller said he brought some cattle for Mr .DalzieL He arrived at the flat about two o'clock, and scut word up to Mr Dalziel that ona of his beasts was in the slings, about half past three they put the cow over the side, when she swam towards the shore, witness, bis brother, and another man following in a dingy. The cow swam about 150 yards, and then capsized on its side. They tben trailed up her head, and towed her into about a foot of water, when she dropned down. They put the clingy under her head, and he proceeded to see Mr Dalziel. He first werft to the Shortland shop, but finding no one if, returned to the establishment at Giahamulown, where he saw Mrs Dalziel, who told him that her husbrnd had gone down on to the beach. When he returned he found the cow was dead. The cutter drew six feet six inches of water and would not go {o Shortland Creek. The way they leaded cattle was usually to pot them over the side. He landed 15 in Ihe same way at Trraru and they were cot drowned. He called on Mr Brown on his way to Mr Dalziel's, he had some sheep for Mr Brown on board. The cutter was overladen with cattle. The sheep were not in any way in commoding the cattle. He did not examine the cow to see whether it was suffering or not. Brown's sheep were in the after pare of cabin. Mr Brown authoiised him to bring the sheep down. He was paid for > the load.

Cross-examined by Mr Miller.—«He was to go to Orakei for the cattle on the Tuesday, but he did not get them until the Wednesday week following. Sixteen cattle was a fair load, but being engaged on the trip he put on all that was given him. It was not understood that he should brin« a deck load as well as a hold one. Mr Byers insisted on putting 18 on board. That number was too many. If he had had a fair load none of the cattle would hare been drowned. After be had sent the boy to Mr Dalziel he received the answer that Mr Drlziel would be down directly. He ran up as close as possible t~> the land in oraer to get the cattle out. He put the cow ashore in order to cave the lives.of two that were being trampled on in the hold. The beast was not drowned. If he had not taken the cow out when he did, the probability wouM have been that Mr D,alziel's other cattle would have been killed.

Samuel liller, brother of the last witness, deposed that he ran the boat with his brother. There were 18 head of cattle on board on the last trip. They were about seven or eight hours coming dovta. The ow did not fall ou her side, as he was keeping her head up to prevent her doing so. It was very near high tide when they dropped anchor. - Cross-examined by Mr MiUer: The usual way is to kill the animals to save their hides; They could not have done more for Ihe cow than they did. If the two cattle had been left they would have probably died before the morning. If the cattle had died on board it would have been Mr Dalziel's risk, as he ordered Mr Byers to put as many cattle as possible on board. *

George Dslziel said he saw Mr Tiller about four o'clock, when he was told that there was a crippled beast on board Mr Tiller never came down to the shop. Mrs Dalziel said that she remembered the defendant coming to her shop late in the evening he told her that there was a beast overboard, which would be drowned if Mr Dalziel did not go down to it sharp. He said he hadn't seen Mr Delziel.

George Dalziel said he was a large shipper of cattle to this place. When he chartered the vessel he had a tight to the whole of it. The cattle were only undersized which he brought down, and the cutter was not at fH over laden. It was usual to unship cattle at low water. He saw them lift their anchor and proceed to Shortland. Tiler sung oat to him that the beast was drowned, coupling his words with an oath.

Mr Brassey: What was the oath ? Mrs Daniel left the.Court, as she did not wish to have her ears polluted with au oath.

His Worship: There is no need to reproduce foul or, blasphemous language in Court.

Witness, continuing, said that bis cattle was never landed unless he was present. He did not recollect ordering 1 is agent to send 18 head of cattle down. The beast cost £8, and was one of No. 80 lot. He never saw the beast.

This was the case for the plaintiff. The cp.se was adjourned until tomorrow mot ding at 11 o'clock. Court adjourned.