RESIDENT MAGISTRATES' COURT, TF AWAMUTU.

Waikato Times, Volume XXIII, Issue 1885, 5 August 1884, Page 3

RESIDENT MAGISTRA TES' COURT, TF AWAMUTU.

Friday.— (Before Messrs J. H. Mandenn, -J. Hutchinsou, and Oapt. Bockett, J.P. Hunaitemoa v. Gillibs.— Mr Hay for plaintiff, and Mr O'Neill for defendant. Mr -Hay gave counsel for defendant to produce the horse. Mr O'Neill contended that as defendant never had control or ch.ugo of the horse he could not produce it. ¥ Rangiorua, sworn, deposed :He came from Manawatu, but rebidcd at pie&ent at Wbatiwhatihoe. He knew a daik grey marc. It was mine ; one I gave to my boy. A niai.e of mine had a foal, which r myJpn admired, ami wanted it. I said ' waiptill it grows up. When I was leaving Mauawatu in December to come here the horse was about 3^ yeais old. I then gave it to my son. 1 said, there is your horse : take it. lam speaking of the dark grey mare. The one with a mark on the fmehead and a dark spot ; the legs aie a kind of dark grey, the body the .same. If the horse were hei c I could regognise it. If it were mine I should say so, if not 1 would not say it was. Mr H.iy said ho had made arrangements tg^nave the hor^e produced, and asked the bench in such event t'> have the witnesses.. Robert Alexander, sworn, deposed : I am a farmer and pounkeeper at Te Awamutu. I remember three hoi beb being sold by Mr Stichbury. I cannot remember the ddte. One, a dark bay hor&e or mare, was bought by a commercial traveller, another light bay mare was bought by Mr Glass, and the thiid, a sort of daik giey maie, was knocked down to Mr Gillies. I could not say which Mr Gillies, but defendant bid for it. By Mr O'Neill : I do not know for whom he was bidding. This was the case for the plaintiff. Mr O'Neill in opening the case for the 1^ defendent gave a brief outline of the evidence he proposed to bung for waul and called. Henry Thomas Sibly, swoin, deposed: I am assistant bailiff of the R.M. Couit, seized some goods and chattels of one Dogherty, among them the hoi se m question. I seized on the !)th May and they weio sold on the 15th May. Defendant s..ul to the j auctioneer bef cue the sale in my piesence that his brother wished to buy the bay pony, the one No 1 on the list of advertisement, and asked him to keep it back till the last, to let his biothei attend, his brother not attending, defendent bid foi it for his brother Hugh Gillies, to whom it was knocked down foi S3 .■>■>. I \alue it at £2 15s or £3. I remember 19th May, I was with Messis No. thcioft, Gillies, Roche, Irwin. Mr Gillies got a paper from a native and handed it to Mr Roche, who I think lead it and showed it to Mr Northcroft. Next T saw of it it was on the ground. I .saw the native pick it up. Mr Northcroft said, " Gillies, the paper is for you. The native claims the horse.*' There was a dispute as to colour ; some said daik, another a daik giey. Mr Gillies said, "I can't give the hoise, it is not mine, it is my bi other's. I have nothing to do with the hoi&o at all." Mi Northcioft told the Maou to take the horse. He did not enquire into the rights or wrongs of the affair bofoie he told him to take it, but the native did not appear to want the horse. After last couit day Mr Northcroft said to me, "You were present k when Gillies had a convocation with me about the horse, and said he would not let the native take the hoise." I .said he did not hear him say such a thing. I must have heaid him if he said such a thing. By Mr Hay : If Gillies said he would not let the native take the ho-se I must have heard him. It was in Ale\andia that Mr Northcroft f>aid v. hoevei bought the horse would saddle hitiibelf with a lawsuit. Mr Hay : Now, as you say you aie an impartial man, you gave your evidence to defendant's solicitor. Why did you not let me know as well as the othei side ? Mr Northcroft, I believe, said to Gillies, " Did I not caution you not to ha\e anything to do w ith the hoi so?" Gillies said he bought no grey horse. He said, "Do you know of a Grey hoi.se in this paddock, Gillies?" He said, "No, I don't." Mr Northcroft asked the nati\c to point out the pony, and he pointed out the one in dispute. The pony was led past the window for identification an identified. A notice was tendered to Mi Gillies. I did not read it. Cannot say this notice (pioduced) is the one. Did not see him knock it out of the native's hand. To the best of my belief, the native did not lea\ c the paddock until we all left. Cannot sweai ho did not lease. Cannot swear he did not tender notice to Gillies a second time. Did not hear Mi Noi thcioft tell Gillies to tell the native who the owner was. Did not hear Gillies say, "If he tnes I will stop him," nor say he had the hoise in his charge. Did not hfar Mr Noi thcioft say, " Don't be stupid ; gne up tin hoi.se, and so clear youi self." Gillies said it was left him to be shod ; it is not mine, it is my f brother's. Gillies did not say he would sell the horse. I said if it weie mine I would get rid of it. Heaid Gillie/- order the Maori out of the paddock. He did not go. He might take the hoise if he cho-,e, but did not seem to want the hoi se. (Sundiy compliments passed heie between witness and Mr Hay.) By Mr O'Neill : Gillies and Mr Northcroft got veiy waim over the niattei. 1 said if the hoise weie mine I would sell him. While I was piesent defendant did not tiy to prevent the native taking the horse. Robert James Gillies, sworn, deposed: f am Clerk of couit and constable at TeAwamutn. and defendant in tins action. Would dosciibe the hoise as a daik bay, with grey face and inu/./.le. Sibley .seized the horses on the 9th May, and took them to bis place. My bi other saw the bay pony and took a fancy to it, and said if he corld not get down I was to bid for him as far as £3 or a few shillings uioie. Befoie the sale I went to the auctioned and a-ked him to put up the pony last, and if my biothei was not there I would bid for it foi him, which I did. That was my connection with the hoise. On the 19th Moy Messis Northcroft, Sibley, Roche, liwm, and myself were heie at the couit-house. A native handed me a paper, which I did not read, as it was wntten in Maori. 1 handed it to Mr Roche, who lead it and showed it to Mr Noithcroft, who said, " Is this what you have been doing Gillies. I thought I warned you.' 1 One of them handed me the paper, which I offeied to the native. I threw it on the giound when he lefused to take it. Mr Noi thcioft said if the hoise were his he would tiy to take it, and if I refused he would sei y e me (vith a notice, and would ha\ c a good case against me. I told him I had nothing to do with the hoise, as it was my brothci's, and not mine. Mr Northcroft was talking lather waimly. I turned away. I told the natne to leave the paddock. I gave the native every information. 1 could not do nioie than tell him who the o»\ner was, which I did, I told him it was my bi other's. After the couit was over last couit day, Mr Northcroft and Mr Roche weie heie in the court-house with me, I told him (Mi Northcroft,) it was a persecution to push me. I told him I did all I could do, I told him I said in the paddock the horse was my brothel's, and did not refuse to let the native take the horse. Ho said if he could get another R.M. he would consider it his duty to go to the plaintiff's .solicitor and tell him to put him in the box. so that his evidence would be a record in the court against me. By Mi Hay. The horse was bid for by me for my biothei' to whom it was knocked down. I took the horse out of the yard, lest it should be lost ; it was breaking out and I took the rope and led him into the paddock for safety. My brothe came soon after and I told him to t&ke it away. I did not refuse to let the native take the horse, I told him it was not mine, it was my brother's. I never told you the noise wab in my charge, or never said to Mr Northcioft that I would prevent 0)6 native taking it. By Mr O'Neill : My agency began and ended in bidding for tho ' horse. - Arthur Stichburysworn, deposed : He "was an auctioneer, residing at Te Awamutu, ' On-15th May, sold thiee horses by order of ihe bailiff, among them the pony in dispute, a bay. Witness corroborated the last witness in re his speaking to him about bis brother wishing to buy the pony. When I knocked the horse down I said, '^Gillies is the buyer. This is the receipt •' (produced) ; re the entiies (produced) were , made before them was any bother about the Vhorae. *.fl'By Mr Hay : Mr Gillies gave me the 'iwlfroney, telling me it was for his brother, fß&*"'whom I made out the receipt. The were made at the time of the sale. iy^HP'naine Hugh Gillies was entered at the Ipfcirae Q* * ne 8^ c : > Gillies, sworp, deposed 1 1 know glglpMiorse, a bay pony. I asked my brother illfcd f go along with me on Sunday after the Wss&u&t an<i asked him to bid for me if I iiyMd not get down, He did. so ; he bought WlMs6t me ; my- money paid for it, I rode lillgSfhorae all day Sunday after the sale, and H^lP'Rim'back in the paddock without his 3ffl||eenfc, as be told me he would not let me BnPpr" Mr Hay ; I gave ray brother tho

money to buy the horse before the sale. I am buio of that. 1 sold the horse because it was no good to me. K. W. Koche, being swern, deposed to getting the paper from (Jillies. He showed it to Mr Northcroft. It was returned to defendant, who offered it to the native, who refused to take it. He was told by witness aud the R.M. to take Ins paper. Roaid defendant repeatedly say he had nothing to do with the horse, that it was his brother's. The native, when asked by witness and Northcioft to come and identify the Lorfee, was veiy unwilling to do so. Was asked se\eial times before he went. He went and identified the horse in question. Aftei some discussion as to colour witness left tho paddock. After last couit day he heaid Gillies and Northcioft talking of the matter in his pio&euoc. The latter said he thought it would be his duty not to sit on tho case, but to give evidence in the bo\, so that it might be a reeoid in the couit against defendant. He had scruples about sitting on the case, as lie was piesent at the claiming of the, horse, and heaid all that parsed. Witness valued the horse at about t'2 10«. Could not sv\ oar the papei pmduced wa-, not the one seived on Gillie^, but was convinced from names appearing on the faco ot the document (which vveie now eiased), and had they been thoie when ho --aw tho paper first he must li.no seen them. The couit adjourned foi dinner. On 10-openmg the counsel foi buth sides addiessed tlie couit at consideiabio length, Mr 0 Nenl contending that the defendant was not liable, as lie never owned the lynse, nor was it in his chaigo at any time, as was proved by the evidence. Mr Hay quoted veiy laigely fiom authontie-. in suppoit of his case. Tlio bench letnel for a few minute, to considci. On letiuning they g«vc judg nient foi defendant with costs, £13 8s. — (Own Conespondcnt.)