PIGEON BAY.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 554, 4 November 1881, Page 3

PIGEON BAY.

At a siiliii" of the lt.M. Court held liere on (lie 31st October mid l«t November, the case of I'iteuithly v. lUy was licnrd ; J. Aylinsr, Esq.. B-M" on the bench, llu* was a claim for dwinge done by tlio fire Of the 21st March u> a boundary fence between the properties <>i! Messrs Pitcaithly and Hay, and to grass seed, etc., the property of Mr PitcaUhly. Mr Holmes appeared for plaintiff, and Mr Stringer for defendant, and the hearing lasted two days. We append an abridgement of the evidence, want of space preventing our publishing it in full. The following are the particulars of •claim. That the defendant did on March 21st last set on fire grass and other inflammable material, by which fire} a cert'in boundary fence erected by plaintiff was damaged to the extent of £17 8s 9d ; also a further sum of £5 17s for grass burned, grass eeed to sow, land, .and labor, total, £23 5s 9d. LW. D. Wilkins, surveyor, deposed to the plan produced. Mr Pitcaithly, the plaintiff, said that he ;&nd the Messis Hay each put up their own share of the dividing fence, the agreement being that each should keep his own part in repair. On the 21st of March, between 9 and 10 a.m., saw smoke on the southern part oi the roserve rented by the Messrs Hay. The wind was strong from the couth or south-west It would cosb him £17 8s 9d to replace a fence burnt that; day, about 10 chains long. The fire went to Marshall's Gully. Gross-examined by Mr Stringer: My son lit a fire on the previous Wednesday on my land. I saw the fire burning on the following Saturday or Sundaj\ I did not see it on the Monday. Forty-ono posts •have been destroyed, and 148 rails. Cross-examined by the Bench : If any fire came through my share of the fence, lit by a stranger, I would have considered it my duty to put up the fence, but would have looked to that person to pay the cost. Henry Goodwin saw the fire of the 21st March on the reserve. His brother Edwin was with him. Say James Hay light the fire on the reserve. Snw the fire cross the road and set fire to Hay's section. On the same day saw smoke in a corner of Kay's section.

W. Paton and E. Goodwin Bwore to seeing the fiie in the reserve. After similar evidence from other witnesses, For the defence, W. D. Wilkins, sworn, , Raid he saw no marks of fire beyond the burnt fence. Cross-examined by Mr Stringer; the line of fence was not in its right place. I do not swear the old survey is correct. James Hay, defendant, said that there wns a fire lighted close to Goodwin's on the Wednesday. , On tho 21st March he could see most of Wilson's land, and there were two fires burning there. He lit a fire on the reserve. There was anothei fire burning on the reserve when he lit his. At the time he lit the fire there were Ihree other fires, burning, one of which went through Goodwin's section before ho got his own started. lie could get the Jnmiiged fence repaired for £6 14s 10d. CroKH-exnmined by Mr Holmes ; witness said he how smoke both at Kay's and Wilson's that morning. There were fires on the neighborhood on Wednesday, Tl in rainy and Fridny. Jntups L'sle knew Wilson's serdion ; On the 21st March nt 8 .m. ; snw smoke on Wilson's section. He saw other fires there on the Thursday arid Friday previous, and saw a light on Sunday, the 29th. on Wilson,s section. He saw fires in the gully in which Messrs Pitcaithly nnd Hny's sections stand, on the previous Thursday and Friday. Auguste Wilson said, he was on his Fection on the 21st and lit three fires. Before he left he saw a fire on the reserve. There were fires on his ground when he went up. He met 11. Goodwin, who asked him whether he had been injured at all by the fire, and he saidhehad neither had his bush nor timber burned, in fact that there was not fire enough to boil a billy. Hβ said this because he was afraid he might get into trouble over it. fiobert Patton saw a fire on Wilson's pi(ico about 8 a.m. on the 21st, and saw another fire on the reserve afterwards. Thos. Orr Hay saw a fire burning on Pitcaithly's section on March 21st close to •Goodwin's boundary. He saw a fire there from the Wednesday till Monday, spreading every clay. Saw fire on Kay's Fection, saw the stuoko on Kaj''s on the 21st. There were also fires at Wilsons and Goodwins on the previous Thursday. Went out mustering sheep on 21st. Wilson's section had been burnt, and hie cocksfoot grass was burnt on it, On his way home saw fire in Marshall's-gully. The fire was coming from Marshall's gully, this was the fire that burnt plaintiffs gross. He paw it. The fence could be replaced for 80s per chain. He saw smoke on Kay'e land also on the morning of the 21st Eobert Haj saw a file on Pitcaithly's land on the 2.st, between 3 and 4 a.m., and also the firo on Kay's section started on Thursday. Also saw the fire coining from Marshall's Gull} , . Eobert Steele Hay corroborated the evidence of the previous witness. Alexander Marshall said he saw the fire in Marshall's Gully. It was lit in 5 or 6 places. Andrew Knudson went to Marshall's Gully on There was a fire there close to some firewood. He was there from 11 a.m. th.-.t day to 6 a.m. next morning trying to keep the fire from burning Messre Hay's fences. The fire went towards Messrs Hay's paddock. Marshall's fire and the other fire burnt Pitcaithly's fence ; were totally separate fires. Price Goodwin said he met Wilson on the day of the fire, and asked if his grass was burnt, and be said no. Cross-examined by Mr Stringer ; asked Wilt-on when he camo out of the District Comt why he did not tell him what evidence he wns going to give. in order to have time for reconsidering the evidence the l.icnch reserved judgment, which will be delivered at Akarou to-dny. The crowded court afforded proof of the great intcics-t taken in the. cane by the residents.