R.M. COURT.

Wairarapa Daily Times, Volume XII, Issue 3897, 27 August 1891, Page 3

R. M. COURT.

MASTERTON.—THURSDAY.

(Before Colonel Roberts, 8.M.) DBUSKENNBSS. John Dowd, for drunkenness, was fiflS £l, or torty- eight hours in the Wellington Terrace Gaol. civil. T. G. Mason v. A. C. Miln.—Claim, L2 18s. Judgment for amount and 7s costs. , Same v. B. B. Tatham.—Claim L2 3s 6d. Judgment for amount and 5s eosts. James Petriev. A. C. Miln.—-Claim, L2los. Judgment for amount and 7s costs.

A. Downea v. F. W. Orchard.— Claim L 8 15s. Mr Pownall for plaintiff. This was a claim for L 8 15s sent to the defendant at Christ--church for an artificial arm, which had not been sent, and L 5 for damages sustained thereby. Judgment for the amount claimed, with Court costs lis and counsel's fee, 21s. J, J. Smith y. H. de Clifton.— Olaim for advertising. -Mr Pownall, who appeared for the plaintifi, stated that the amount of the claim had been paid to his client on the preTious night. Counsel's fee, 10s 6d, was Thomas Berry v T. P. Lett. Claim £l7, for loss of a horse, which it was alleged was caused by the neglect of the defendant. Mr Pownall for plaintiff, Mr Bunny for defendant. George Hayes, sworn, deposed : About the middle of March last I delivered a horse to the defendant at his stable. The horse belonged to the plaintiff. Mr Lett whs to take the horse to Tenui. He said he would take it to Mungapakeha, which was half way. and thus break the journey for the horse. I told Mr Lett that Mr Berry would pay him on delivery at Tenui. When Mr Lett came back he told me the horse was killed, and asked me if I had written to Berry. I told him I had nothing to do with it, and he then said he would write himself. I delivered the horse by instructions from Mrs Berry.

By Mr Bunny: I cannot say whether the horse belongs to Mr or Mrs Berry. I am father-in-law to the plaintiff. When I was leading the horse it ran bacfc, because Mr Lett had a lantern in his hand. I told him the hone was fidgetty, and asked him not to knock it about the head. Mr Lett did not say that perhaps the horse wpjddjiiofe'faad by the coach. I he could run the horse HjJflPnierebacht bat I. did not tell him he coaldputit behind the waggon. I have, been bullock-driving for Mr Lett, and hare frequently led my horse the dray. I never bad an accident. I was told the horse was killed about a week after it was delivered. Bltnkhorne, the driver, said he had broken the horse's neck, bat how he had done it he did not know. I did not make Berry aware of what had happened, and I did not post a letter to Mr Lett on the subject. I have never tied a horse behind a waggon* Thomas Berry, sworn, deposed : I am Crown ranger at Akitio. In March last I left instructions with Mr Lett to bring up my horse. The horse has neyer been received by me, and I nave been put to a 'lot of trouble, owing to Mr Lett not having communicated with me. For six weeks or two months I heard nothing at all about rta horse. I bought the horse from — fITJ. Baker, wool classer, within a weak from the date it was delivered to Mr Lett. I paid Ll2 10s for it. The horse is my own property, and was delivered to Lett on my behalf. I wrete to Mr Lett, and received a reply, stating that the horse had been accidentally killed. I saw Mr Lett in Mastarton, and he made mo an offer

of L 5 to "cry off." This offer I refused. I am claiming LI2 10s, which I corsider fair value for the horse, and L 5 damages. By Mr. Bunny: I wrote to Mr. Lett, telling him that I would take £lO to settle the matter out of Court. Mr. Bunny: Kindly read this letter ! The witness: I am not a good reader. I must hand it over to Mr. Pownall. Mr. Bunny : Then you cannot read your own writing. The witness: It is my wife's writing. Mr. Bunny: And you cannot read it? Tho witness: No. Mr. Bunny: Is this your signature 1 The witness : It is. Mr. Bunny: How do you know ? The witness: I can see my signa* ture "Thomas Berry." Mr. Bunny: And you can read that? The witness: Yea, Mr Bunny : Who wrote the signature ? The witness: My wife did. Mr Bunny: Then you can read the signature and cannot read the letter (laughter) 1 The Court: Can you read the letter ? The witness: I cannot.

Mr Bunny here read the document. Cross-examination continued : 1 knew the hoise was a good roadster before I bought him. 1 had never ridden him, but I relied upon tho honesty of Baker for its soundness. W hen Lett offered me the £5 he did not admit his liability. R. J. Baker, wool classer, of Masterton, Btated that he sold the horse which was alluded 10, to Thomas Berry in March last for £l2. Received payment from Mrs Berry. As a general rule the letters he received were written by Mrs Berry. Heard that the horse was killed, and received a letter from Berry asking him to inquire of Mr Lett about it. Did not see Lett. The horse was between 7 and 8 years old. Thought the price was fair and reasonable. To Mr Bunny: Sold the horse in the beginning of March. Only owned it about a week before. Bought the horse from a man named Harris. Objected to state what be had jjiven for the horse as it was a matter of dealing. Mr. Bunny pressed for an answer, his Worship ruling that the matter was not relevant.

To Mr Bunny: The horse was touchy and hard to catch. It might have been knocked about the head. Did not reckon himself a judge of horses. Kept race horses one time for about eighteen months. This was twelve months too long. Thought he knew Berry's writing. The letter produced was not written by Berry. The horse was of a good stamp • Had no experience in leading horse* behind waggons or brakes. John Blinkhorne, driver, in the employ of Mr T. P. Lett, remembered taking a horse to Tenui. At the time did noi kaow who it belonged to. The horse broke its neek on the journey. It was tied behind the brake he was driving. Mr Lett told him to take care and look sfter the horse, but did not say the horse waß fidgetty. Mr Lett had taken other horses. Could not answer whether by lujk or good management, but had never broken any other horses neck. Gould say distinctly it was not the cracking of the whip which made the horse pull back, but something on the road. Knew the horse was down by the check on the waggon. Immediately jumped down and cut the rope., The horse died soon afterwards. When he told Mr Lett, Mr Lett said it was a bad job. William Croft lwd previously tried to take the horse to Tenui but it broke away. On this occasion it was being driven with the pole horses. Thought it quite proper to put a horse who was hard to lead behind a waggon. Was with Mr Lett when he offered Berry £5 and the settlement of an account of 80s. Berry wanted £lO. Mr Lett had told ' Berry that he did not admit the liability. To Mr Bunny: The horse hung back when Mr Taplin's brake passed him, but went on again without further trouble, until the Wangaehu bridge was passed. Was accustomed to horses, and had taken every care of this one.

At this stage the court adjourned until half past two.