R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2767, 6 December 1887, Page 2

R.M. COURT.

MASTERTON—MONDAY. (Befoie S, Yon Sthrmkr, ■-K.M) BREACH OF COKTRACT. (Continued) T. A. Lyons continued his evidence, By Mr Pownall: Did not know that defendant would require all cash for tho lease of Offered him half cash and security for the balance, and to insure the horse. The security he offered would be promissory notes for the services of the mares, from which an order was to be given to the bank manager to deduct the amount of security for defendant. When the transaction fell through, McCartney 6rsc mentioned the subject of the horse standing in the Wairarapa. Did not tell defendant that he had paddocks of his own, as they were all down in grain, On witness undertaking to get paddocks, defendant sent the horso to tho Wairarapa, He was to got £\ for every mare put to tho horse. He did not get an agreement with the horse, as he thought that Mr McCartney bore such an irreproachable character that he would be insulting him to ask for any such tiling. He did not intend to take the fees for the.horse. Defendant at witnesses' request got promissory note books printed with his own name in them, so that the money would be paid direct to him, He did not put defendant's name at the bottom ol the advertisement, as he was in Napier, and horse-owners could not apply to him conveniently, It was implied that the horse was sent down to witnesses' place for the season. He used his own name at tho bottom of the advertisement to ensure a better season for the horse, No one complained of the paddocks being short of feed, aud had no mares taken away on that account. Although he was in treaty for the thoroughbred horse 'Vanguard', he did not get it, as he found that defendant did not intend to take his horse out of the district, Considered that defendant was only serving his own interest in letting his horse come to the Wairarapa. He was liable to the Wairarapa Daily for the amount of the advertisement, and also for some job printing in connection with the horse. Since the horse was taken away from witness' place, the defendant had written to the proprietors ■ of tho Daily, altering the advertisement. Witness had been charged with the advertisement and printing. Witness was re-examined'by'Mr , Beard, and substantiated his previous evidence. William Lowes deposed that 1)3 was agent for some paddocks on the Upper Plain belonging to Mr E. S. Hawkins. In September last plaintiff wanted to lease about 30 acres to run some mares in. Witness asked a rental of £4O for them, and subsequently reduced the amount to £3O. He declined to deal with plaintiff in the matter, and at his request wrote to the defendant and enclosed a promissory note for him to sign as a guarantee for the rent, but got no reply to his letter, He promised plaintiff that he would keep the paddocks supplied with water, By Mr Pownall: Considered he had made a bad bargain over the paddock, and troubled no further with it. By the Court: Thought the paddocks good enough to run mares in if they were looked after, William Miller and Angus Fraser gave evidence as to the suitableness of the paddocks. They considered them in every way convenient and good enough for the purpose, Did not think it more than good exercise for the horse to lead him that distance to the mares. W. IS. Buiek stilted that he spoko to the plaintiff about sending a mare to 'Piscitorious,' He subsequently saw B, Cave, with reference to the servico of the mare. He knew that plaintiff had plenty of accommodation for the horse at bis place. By Mr Pownall: He arranged with the plaintiff that the mnro should he served, so that he could wipe off an old debt between them. He did not sign the promissory note to defendant. By Mr Beard: Plaintiff told him that he was to receive £1 per mare for all he got for the horse, The full amount of service— £6 —was to be deducted from the amount owing by plaintiff, Thomas Parsons and Ranganui Kingi stated that they had each arranged with plaintiff for the service of mares by •' Piscatorious.' This closed the case for the prosecution.

Mr Pownall, on behalf of the defendant, characterised tho action of the plaintiff as one ol fraudulent representation. • He had stated that he possessed the best loose boxes and paddocks in the Wairarapa, and it was through these and other inducements that he had led defendant to send his horse to the Wairarapa. Defendant had never contracted to give plaintiff a commission on any mares he secured for his horse. Defendant offered to sell the horse to plaintiff for £4OO cash, or on approved bilis, but would not allow the horse to go out of the Napier district on credit. Plaintiff was unable to come up to these terms, and it was arranged that the horse should be sent to the Wairarapa under care of defendant's groom to stay at plaintiff's place. Ho contended the whole affair was a carefully got up scheme, Arthur McCartney, sworn, deposed that he kept tho Caledonian Hotel at Napier and was the owner of "the entire horse Piscatorious. In answer to an advertisement, he received a telegram from plaintiff that he would be in Napier at a certain dato to purchase Piscatorious. He came there the following Saturday, and on Sunday they both went out to Taradaje and saw % horse, plaintiff expressing himself well satisfied with his appearance of the horse. In the afternoon Lyons and himself adjourned to one of the private sitting rooms of the hotel to arrange, as witness thought, about the purchase of the horse. He told plaintiff he would want £4OO for the horse, or lie would take a bill for the amount if it was well backed. Plaintiff said he could not get anyone to hack; it, I Witness oSered- the horse to plaintiff for £ISO down; with the option of purchasing at the end of the season for £350, but the latter could not agree to [ibis as ho said lie dad uowouey to put

down. Plaintiff then offered him a P.N. due at the end of the season, but witness told him he must.take him to bo soft to let a-stranger have the horse on those terms, where there was a chance of not getting anything at all. Plaintiff then expressed his regret at not being able to purchase and pressed hira to send the horse to the Wairarapa, stating that he was certain to get a good season as.thero was not a horse there that could hold a candle to hira. He was not particularly anxious to send the horse away, but thought it would do him good to give him a change for a season. The plaintiff said he would pronde accommodation forhorsoand man at 20s per week each, which witness agreed to give. One of his principal reasons for sending the horse down was on account of the goodpaddockingaccommodationoffered. The whole of the time Lyons was up at Napier he appeared to be very nice and sociable; in fact one would herdly think a lolly could melt in his mouth. Seeing that the horse was going to stay at his place,, plaintiff seemed only too glad to do anything for him. He distinctly told plaintiff not to got cards printed, and also to have only a small advertisement, inserted. He could not come to any arrangement witli plaintiff about the rent of the paddock. The only thing promised outside of board and lodging was a bonus of £5 if his horse met with a successful season. Told plaintiff that Cave would havo charge of the horse, and that ho would not allow anyone else to interfere with hira. When he removed the horse from Taradale, ivifness looked upon it as merely changing from one district to another; he niado no other arrangement. It was owing to correspondence from Cave and other reasons that induced him to give orders to remove Piscatorious from plaintiff's place. The 40 acre paddock which Lyons represented as having in his possession turned out to be a small section which did not have sufficient grass on to feed three sheep. Another reason why he felt suspicious was through plaintiff having his own name inserted at the bottom of the advertisement and the tabulated pedigree without authority. When witness found he was likely to be robbed, and that the representations were false ha ordered the horse to be removed.. Had received several communications from plaintiff, which caused him to act cautiously, Since then he had been warned of plaintiff, who, he was informed, was looked upon as the best bush lawyer in the Wairarapa, Soon after the horse was removed from plaintiff's stables ho received a lawyer's letter claiming £BO damages, As the horse had only been there about four weeks he remitted £5 in full payment, Mr Cave paying for his own board and lodgings. By Mr Beard: The first arrangement made to bring the horse down to •the Wairarapa was in the beginning of September, At that timo he thought he was dealing with an honest man, and made no enquiries about his character. He had a good suit of clothes on, and looked ut every way respectable. Was perfectly satisfied with the arrangements mrde, as he knew his own groom was in cliargp, and he was sure to look after witnesses' interests. Did not authorise plaintiff to put his name at the bottom of the advertisement; it was his own villiany that had prompted him to do so, Witness gave plaintiff to understand that ho only wished a small advertisement to be inserted, and for which be would be responsible. It was about a fortnight after Care came .down, that he heard that Lyons had no forty aero paddocking. It was solely on Lyons' recommendation, that had prompted him to send his horse down here, After he had written to plaintiff about not having the forty acres, he received a telegram fiom Cave, stating that the grass was not lit lo feed sheep on, that the paddocks were three miles away, and no one would send mares to such a place; also that plaintiff had told lies, and was a bad lot. He considered this was a vevy correct estimate of the plaintiff,

Benjamin Cave, groom in charge of the horse, gave evidence to the effect that he'obtained several mares for the horse, and that he was in no way connected with plaintiff with regard to the horse. He merely looked upon him as supplying accomodation for the horse. He wat in every way responsible to defendant for the horse.

E. E, Homblow, representative of the Daily, stated that he had arranged with plaintiff for the advertisement re " Piscatorius," and that the name of the defendant was inserted in the place of plaintiff's at Mr Cave's request. The office looked to Mr McCartney for payment of advertising, and not Mr Lyons, thinking that it would ensure a better season for the horse, as plaintiff was well known in the district.

David Guild, station manager, Te Ore Ore, stated that he had intended to put a mare to Piscotorious and had spoken to Cave on the subject, but as there was a doubt as to the ownership of the horse, be hid noli carried out his intention.

James Mhcara,. coach proprietor, stated that lie was asked by plaintiff to send a mare to Piscatorions, and had done so. Cave told witness that he had to collect the service fee. Before sending his mare witness made an agreement as to whom ho should pay,

By Mr Beard; Saw plaintiff canvassing for the horse at the horse parade,

By the Bench: Lyons asked me to try and get Mr Yallance to send mares to the horse.

George Shaw, farmer, Te Ore Ore, stated that he sent two mares to the horse at Cave's request. One mare was sent first, and on jjoing some time after with the other, he saw that the first mare was so poor that she looked like a greyhound, there being no feed in the paddock, and nothing but furze and water. On communicating with Lyons on the subject, he promised to take her to another paddook, A fortnight later he found the mure in a still worse condition, and' took her away. In the only conversation he had with plaintill r« Piscatorions, he said that he and his friends would most, likely purchase the horse before the season was over.

John" Having, carrier, 'Masterton,

stated that be did not think Mr Hawkins 1 paddocks were suitable for running a large number of mares, there

not being sufficient feed, and the road

to it was unsuitable to lend an entirot He considered the paddocks too far away from the plaintiffs, as the mares required continually looking after,

This concluded the evidence for.the:

defence. ■' . - Mr Pownall in addressing the court, contended that every material allegation of the prosecution with to the .claim must be pro Ted, this had not been done. They were also debarred from recover-.

ing action till'they had shown that the agreement-had been acted up to. He quoted several authorities in support of his contention, and sub-

mitted that the plaintiff could not

show that the contract was an irrevo'

cable one, and argued that defendant

could revoke it if he wished. He would

not say that plaintiff had committed a fraud by representing that ho had

suitable paddocks, but he would leave that point in the hands, of his Wor-

ship. He then quoted " Archibald on

contract," as bearing on the case in point.

Mr Beard, in reply, said he was quite

prepared to leave the question of the

alleged misrepresentation re the paddocks in the hands of tho Court, and

contended thatnothing had been brought forward which iuany way pointed to

an act of fraud, He said a fraud must be

actnal and not assumed in giving judg-

ment, and argued that it was owing to the action of the defendant that plaintiff had been unable to carry'out his contract, His Worship reserved judgment till Friday next at 2 o'clock. . TUESDAY, On the application of Counsel on both sides, the cases of. Thompson and Quinlivan were again adjourned till to-morrow morning at 10 o'clock. ASSAULT AT MaURICEVILLE.

George Jackson, a carpenter, a tall, powerful-looking young man, was charged with assaulting Henry Brodi-

son at Maurioeville on December Ist. Informant also prayed that the accused

be bound over to keep the peace. Mr Beard appeared for plaintiff and Mr Pownall for defendant.

Henry Brodison, the informant deposed that accused lodged with his father at Mauricevillc about three or four months ago, On November 30th the accused met witness, who was riding on horseback, and tried to pull him off, and finding, he was unable to do this struck witness in the side, and as he was riding away threw a stone which fell just in front of his horse. On December 1, as he was having a game of draughts, accused, without any provocation struck witness several times •in the face and tiien left the place wmoM threatening language towards him.jf Some few evenings after as witness, company with his father and mother were proceeding over the limesfcona hills they saw the accused with two large sticks in his hands, and when he / saw them coming, he shouted out, I "Jack, Jack, we've got them 1 His mother screamed for help, but j8 accused did not touch them, but merely threatened, By Mr Pownall: He did not strike the accused, The blow in the eye stunned him for a lime. Could not say how many times he was struck. Kode to Masterton just after the .• assault to see the doctor. Eunice Hauberg and Rasmus Brodison gave evidence for the prosecution. The defendant gave evidence on oath admitting the assault, but alleged that informant had used threatening language towards him, and be thought it was advisable to put a stop to the threats, and teach him that he could not talk about him in the .way ho did. He denied the chargo of striking ' Brodison on the 30th November, and ' throwing a stone at him, and also to : Rising threatening language towards the family on Limestone Hill. Dr S. V, Beard gave evidence as to the extent of the injuries Brodison had ■ received. Would not say that a blow •' such as caused the injury to his eye would have stunned him, ' John O'Keefe, John Soraen, Neils Neilson, Richard Brooks, and ■james Carlsen, gave evidence as to threats used by Brodison which wero " I'll do .. for him," '• Smash his face in with, a gin bottle," "givehim a jolly good hiding," and running about with a gun saying he would shoot Jackson, His Worship found that defendant had been guilty of an assault of a serious, nature, for 1 after hearing tho stories of ill-advised friends, went to the house of a neighbor, and committed the assault, without troubling to find out if the threats were true' or untrue. He fined tho defendant.. £2and costs U lis, or 21 days' im«' ! ' prisonment, and to be bound over to keep the peace for two months, himself •' in £lO, and two sureties of £5 each.

EISEINWOOL. H London, December 2. At the colonial wool sales to-day a catalogue comprising 10,600 bales was submitted at auction. A spirited competition was evinced for the various lots, the'tone of the sales being decidedly firmer. Superfine or finest qualities of greasy wool ruled aboutlld in advance ot the prices obtained at the last wool sales. Medium and inferior greasy was fully fd dearer. Scoured wool generally realised an an advance of |d to Id per lb, Decembers. At the wool sales during the past • few days there has 'been increased animation in business, and a general * rise of Id vex lb took place. Australian A and Cape best greasy sometimesg showedauadvance of.ld. The ad-T vancein scoured sorts was less marked. Tlio number catalogued for the series was 101.000 bales of which 8000 w'era withdrawn. Christchukch, December 4. The wool sales concluded yesterday; 1500 bales were offered. Prices were appreciably firmer than on Friday.

; The New Zealand Loan and Mer- .. cantile Agency Company (Limited) have received the following telegram - ;: from their London office, dated 2nd'\ ■''•: instant:-Wool.—Competition is : increasing, and the market is firmer, 4 especially for Ion? staple merino UgUVs

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We Btrongly advise any ono. requiriii" real valuo fur their monoy to purchase their clothing at The "Wairarapa .Olothing factory, They keep none but genuine Z. tweeds in stock and their «. Z. tweed Suits made to measure aro guaranteed unequalled in the colony for fit,-stylo, workmanship, and price, One trial will convince those who may doubt what wo say—note address, The Wairarapa Clothing Factory next Mason's chemist, E, B. Hare Manager • advt. So as to give every person an opportunity of being in a position to have a comfortable pair of boots and shoes to If wear during tho holiday season, 11. PETERSON, of the-Excelsior Boot Depot, has determined to cut down the prices at such a low figure as to enable one and all to share alike. Customers aro reminded that these reduced prices are solely on CASH purchases—Advt,

TO THE EMTOH. Sir,—Will you kindly allow me through your columns to acquaint the people of the Wairarapa of tho fact that lam giving np tho clothing portion of my business entirely, and consequently am now selling rnons', youth's and boy's clothing at whatever it will fetch, as 1 am determined to realise on it at all hazards, Yours Truly, J. IItORBURN, Clothier and Outfitter, corner of Cuba and Manners St,, Wellington, A GREAT PROBLEM. —Take all the kidney and liver Mcdcines, —Take all tho Blood purifiers, —Take all the Rheumatic remedies, —Take all the Dyspepsia and indigestion cures, -rTake all the Ague, Fever, and Bilious Specifics, —Take all the Brain and Nerve force revivers, —Take all the Great health restorers, —ln short, take all the best qualities of all these, and the —best —Qualities of all the best medicines in tho world, and you will find that Dr. Soule's American—Hop Bitters have been the bestcurative qualities and powers of all concentrated —ln them, and they can euro when any or ali of these, singly or -combined -Fail, A thorough trial will give positive proof of this.

Hardened liver. Five years ngo I broke down with kidney and'liver complaint and rheumatism. Since then I liavo been unable to be about at all, My liver became hard like wood; my limbs were puffed up and filled with water. ' N All the best physicians agreed that nothing could euro mo. I resolved to try Dr, Soule's American, Hop Bitters; I have used seven bottles; the hardues as all gone from my liver, the swelling from my limbs, and it has worked a miracle in my case; otherwise I would have been in my grave, J. W. Morey, Buffalo, Oct, 1. £BS.