CLAIM AGAINST NATIVE.

Gisborne Times, Volume XXVI, Issue 2282, 29 August 1908, Page 2

CLAIM AGAINST NATIVE.

AN UNEXPECTED ADJOURNMENT.

At’ the Magistrate’s Court yesterday afternoon) before Mr, W. A. Barton, S.M., hearing was taken in the case of Win. Thomas Rogers against Matenga Taihuka, a claim for wrongfully slaughtering a cow, valued at £B, and detaining a steer, valued at £3, also £3 damages. Mr. Blair appeared for plaintiff, and Mr. W. L. Rees for defendant,

Engcno Francis Sullivan, Stock Inspector, produced his register of earmarks and brands. Tho number 17C8 in his book was the brand of Win. Thomas Rogers, of Wainiat-a Valley, and 2023 was the brand of Pine Wahapeke. There was no similarity between tho two earmarks. To Mr. Rees: Rogers’ brand was two sides of an inverted triangle, with a straight line.

John Gregory, station manager for Mr. A. R. Watson, stated that ho know plaintiff’s earmark as well as that of tlio Native, Pino Wahapekc. Ho saw Pine and other Natives on June 10th on an adjoining unfenced block, where different owners were in tho habit of running stock. Plaintiff’s land adjoined the block on the Waimata side, and when witness saw the Natives they spoko to him, and in consequence they all went to tho edgo of the bush, taking tho cattle witness was driving. They were then on Mr. Watson’s property, and tho cattle were driven to tho homestead, and whon Pine and tho other Natives went away they took three head of cattlo with them. Witness examined the earmarks of tlieso cattlo and found that two of them boro similar marks to plaintiff’s registered mark. The third boro the Nativo Pino’s earmark. Witness refused to lot tho cattle go a first, as ho thought they belonged to plaintiff, and there were othor cattlo in tho mob with plaintiff’s earmark. When the cattlo had been in the yard about two hours Mr. Courtney came along and told him the Natives would not go away without the cattle. On the following day witness told tho plaintiff about the cattle. One of them was a springing licifcr valuo £7 10s, and the other a roan steer valued at £5.

To Mr. Rees: He did not see any brand on tho cattle, and was aware that plaintiff had impounded some cattle shortly before. Some of Pine’s cattle were impounded by plaintiff at that time.

Constable Doyle, To Ivaraka, said that from information received from plaintiff ho met him on August 11th near thc_pah„ at Waihirere* They went to the pah and saw defendant, who, in consequence of a conversation, produced a hide, and said it was ono from a beast that had been killed that morning, and ono of three ho had bought from. Pine for £7 10s. The otlior two cattle were in a paddock 'adjoining the pah, one of them being a. roan steer, and the other a red-and-white heifer. He examined tho hido and found no trace of any brand, but found the earmark to be similar to plaintiff’s mark. Witness later took jiossession of the steer and held it up to the present. To Mr. Rees:He 'removed the steer by order of his superior officer. He had not seen Pine in the matter .at all, and did not think there was any brand oil tile cattle. Plaintiff tokl him that ho had impounded Pine’s cattle, and that they had been running on the Maori section and the Crown section at Waimata, and that he bad reared the steer.

Win. Charles Courtney, of Ormond, laborer, gave evidence as to seeing the Natives take the cattle away, and also as to tho earmarks. Aval. Thomas Rogers, tho plaintiff, was next called. On entering the box, witness appeared to be unable to commence hie evidence His Worship suggested to witness that lie was hardly in a fit condition t 0 give ev> deuce, hut the witness replied that, “It is all right. I am a little nervous; that is all.” His Worship stated that it was clear the man was under the influence of liquor. Ho could not take the evidence of an intoxicated person, adding that he was not sure that he should not deal with him for contempt 0 f Court. Mr. Roes said that ho certainly could not cross-examine tlio witness in the condition ho was in. After consultation with counsel engaged, His Worship adjourned the case until October 6th, at 11 a.m.