RESIDENT MAGISTRATE'S COURT, CAMBRIDGE.

Waikato Times, Volume XXVII, Issue 2216, 21 September 1886, Page 3

RESIDENT MAGISTRATE'S COURT, CAMBRIDGE.

Friday.— (Before Mr H. W. Northcroft, R.M.) Charles Roberts was charged on the in formation of Constable Brennan, vith thai ho did, on the 18th August, unlawful!) lay poison within the township of Cam budge. Constable Brennan deposed that the ac cused procured poison and laid it on moat, and thereby killed a dog, the property ol Mr Cow per. Accused admitted the offence, but pleaded ignorance, as he had laid it tor rat*. The constable asked for a nominal penalty. Fined Is, and costs 31s. Booth and Rohmus v. Douglas.— Mr Dyer for plaintiff, who applied for an adjournment till next day.— (ti anted. Ashek v. Douglas.— Mr Dyer for plamtitf. Adjourned till ne\t court day. Hkwhtn. CAhHRL. —Struck out, no appearance of either party. Olkmknts v. SrKw.vur.— Mr Dyer for plaintiff. Defendant admitted the debt. Judgment for fcl) 13s, and cost-, <>s. Pivko County Col noil v. Giffoup.— Mr Clias. Tuck, clerk and collector to the council, produced the necesvuy notices and books proving the claim. Jugdment given for amount fc'4 4s 4d, and Kis costs. Hickky v. Bkll. Action to recover a horse, or its value, £12, and 2s (id per day for wrongful detention. Mr Dyer for plaintiff, and Mr Hay for defendant. Mr Dyer stated the case was as follows:— Hickey bought a hoise at Hunter's sale. He then missed the horse ; he made great efforts to obtain it. He one day saw it in possession of the defendant, and demanded it. Bell declined to return it, but admitted the horse ivas not his, and told Hickey he could do his worst or best. He demanded the horse or £12, and damages at 2s Od per day. T , William Hickey deposed: I know the defendant. 1 seek to recover my mare. I proem ed her from Mr Hunter's sale on May 4th, 1884, and had her until Febtuary, 1885. I then misled her. I went to Mr Russell, but he had not seen her. He had been a former owner. I made nviny enquiries, but could not get it. I saw her m a paddock about three Sundays ago. 1 told Mr Dillon, and asked his advice. He recommended me to Constable Brennan. He told me not to take her, but to hnd who had her. I found Mr Bell owned it. I asked him wheie he got her, and he said lie got her at Oxford, and she belonged to Tom Hoy. He refused to give her up. I asked if he had bought her, he said no, but intended to do so. I then said I would lay an infoi tnation. He then offered her to me. I again asked Mr Dillons advice, and Bell agreed to take her back to my place. He asked for the use of her for ; a fortnight to go hoire. I offered him an- j other fora loan for two days to take him home, he said he wanted it for a fortnight, I refused for so loir* a time as I wanted to go to Whatawhata. Mr Dillon was there, Bell took the maie to my place after he had his dinner. After dinner we came to Cambridge, Bell riding the horse. We met a man named Kingdon, who remembered the horse, which h\d grown bigger. He hud a look again, but did not *ay yes or no. I again asked him for her, and he said would get her ri^ht enough. He then galloped away, sajmg he wmld leave the hoise in the paddock. I came into Cambudge and mw the horse, whore I h.ul -ecu it hrnt. Whilst I was in the Masonic Hotel, Bell came in and said, " H.i\ c you any brands of your own on that horse, I said, No, no moie than the colour, and that she was hipped. I told him I would give hi>u no more infoimatioti, and he then said to get her us I could, as he had had advice as good as mine. 1 then asked the constable to' take possession, but he refused, saving Bell had been to him. Bell afterwards said he wouM take her wheie he got her from. I did not see her again. The hor>e is hipped in the far side. She is brown with a mealey,nose, black points. I know of no white ' on her. She is medium draught, 5 years old." [The Court here adjourned to see the niare.J On resuming the plaintiff said : I identify th^ horse as my property. I have not tin 1 slightest doubt. I value her at £12. I would prefer having the horse to the V,\2. Cros-, examined by Mr Hay : Theie may be others like the "one I say is mine. I swear nmst positively the mare is mine. He did not, say, "If yon prove it to be youis I will give her to you." When Kmgdon examined the mare closely he did not say the mare was mine. I have not hired any hor-.es since February, 1885. By Mr Dyer: Somevvheie about February. Ido not remember the exact date. Michael Dillon deposed : I am a carter at Cambridge West. I know both the plaintiff and defendant. I deshe my wages for this day. His Worship : Now you are sworn you m ist go on. \Vitness : X lemember Sunday two weeks ago. I was coining from the Roman Ctthohc Church. Hickey said a horse of his Wb in a paddock near. He wanted to take it, and I advised him not to do so. but t> zo to Constable Brennan. I came down again, and Hickey calle 1 me over. BjII was there also. Bell said he had got the mate at Oxford on the run. He took her and broke her in. I advised him to give the horse up to Hickey. They agreed that Bell was to lide the horse ovor to Hickey's, and Hickey was to give him another. Bell claimed five or ten shillings for bringing the horse down. Hickey demurted at this and ret used. Bell said he would have written to Tom Hoy, but now would not do so. I cannot identify the horse from previous recollection. Cro-,s-p\annued by Mr Hay : Bell simply a^reid to hand the horoe over and get another. Thomas Russell deposed : I am a settle i\ I know the plaintiff, I also know the mare. She belonged to me before. I h:vd her 14 months. I sold her at Hunter's sale to Hickney. I would know the mare again. She is outside now. I have no doubt whatever. She is by Northern Hero. Hickey has asked me several times if I had seen it. Cross-examined by Mr Hay : It had no particular marks. Have no doubt as to the horse. It was not broken in when I sold it. lam positive as to the horse being the same I sold. Several witnesses identified the mare. This closed the case for the prosecution. F«r the defence Henry Bell deposed he knew the horse. He first saw her six months ago. Ho was told it belonged to Mr Hoy. He got her in five weeks last Sunday. She was unbroken when he got her. He broke hei in. He saw plaintiff on the 20th near Gemmil's. Hickey said witness had his horse, and witness said he was not aware of that, as he was led to believe that the mare belonged to Mr Hoy. Witne«s then said he would go and have his dinner, and then take her over to Hickey 's. He did so, and when over theie he asked Hickey if he had any marks on her. Hickey said no. He went and saw Mr Brennan and told him that he bad a horse and Hickey claimed it. The constable said that Hickney could not claim it unless he produced a receipt or evidence of brands. As Hickey could not produce any evidence he said he would then take the mare back to where he got it from. On the following Friday a native came to him and said the horse was his. The native's name was Wareta. He kept the horse till someone who could prove it came along. After he got back to Oxford he let it go. ' He was quite willing to give up the hoTe to the rightful owner. Cross-examined by Mr Dyer : He did not think himself justified in taking every horse for sale as this one was. He kept her for a fortnight, and then communicated with Mr Hoy. The hor.se was never broken in. He rode it three times and it was then broken in. He agreed to give Hickey the horse and get another ; lie did not keep his piomwe as there was no hoise for him. The letter he wrote for Hoy waa never posted ; he had it yet. Re-examined :-I£ HlCkeyH 1C key had shown any title he would have given the horse to hl The R-M. : What did you want ten Bh \Vitness°^— I did not demand ten shillings for the horse, it was Mr Dillons suggestion that I should receive ten shillings. < Bv the Court: He would have given the horse if Hickey could have provided him with another. __ , John Tyson deposed : He was a shepherd He had seen the bay mare outside, ft was two or three years since he saw her first He had seen her every week, Tom cZ-ex:umned by Mr Dyer : The offer W °PvTil c C.mrt "She wa, l«°»e,and had ne.iSS.ta' handled. Hwta.lwa.no01 \r ■ Vasten was sworn in as interpreter. WoraU Temuha deposed that he hved at

Taupo. He bad seen a mare out in the stockyard, he had seen it befoie, in Juno, 1883, m Oxford. Was sure as to the date. Was working in Oxford three years. He saw it eveiy day. Was running about everywhere. It was a young horse when he saw it. It was hipped. He was certain it was the same horse. Cross examined by Mr Dyer : Ho saw it when he first went to work. He had had no comeisation with Bell about the case. He was asked by Bell to go and give e\idence. Bell only asked him if he had seen the horse before. He knew it by the colour of the nose, and tho hip. He told Bell that a nathe had claimed it. Bell >aid the native could have the horse if he cam p. Heperi Matea, residing at Tnpapa, doposed that he, had seen the horse in the stockyaid. Tt was a native horse. Fhst saw it about four years ago, near Oxford. Tt was then a foal, and lame. About three years ago he .saw it this side of Oxford. He had often seen it. He was certain the horse outside was the same. He told Bell the horse belonged to a native at Ohunga, named Hoeroa. The horse was hurt on the off hip. By the Court : The native told me he owned the horse. William Hjort deposed : He was a hbourer. He saw Bell and Hickey two or tlnoe Sundays ago. He saw Bell, who said " Hickey has claimed the mare. Come up. " He did so. Hickey lent Bell the horse to take the saddle home. Hickey said, •'coidh down the road and I will get you another." Bellfsaid, " If you give me any proof I will give you the horse.' This concluded the case for the defence. Mr Hay then addressed the Court for the defence. Mr Dyer also addressed the Court for the prosecution. Judgment was given for the plaintiff, defendant to return the horse or £12, and to pay the costs, £11 Bs. His Worship remarked that the defendant's evidence was given in a very bad manner, and that he had tried to wilfully mislead the court. B\rKS v. Jonks.— Claim £1 13s (id, for goods supplied and repairs done. I. Bates deposed : Tho things were done by the instructions of Mr Jones, who told the witness to charge them to Mr O'Neil. — T. Jones depospd : He got the goods, and was told by Mr O'Neil to charge tho things to him. O'Neil stopped them out of his wages, and then refused to pay.— Judgment for £1 14s, and csts, Gs.