SUPREME COURT.-CIVIL SITTINGS.

Daily Telegraph (Napier), Issue 3863, 4 December 1883, Page 3

SUPREME COURT.-CIVIL SITTINGS.

Monday, December 3. (Before His Honor tho Chief Justice and a Special Jury.) ULACKBURN V. NORTHERN INSURANCE COMPANY. After we went to press the following additional evidence Avas given : — Henry Lean, laborer, avus employed by Blackburn at tho time of tho fire. There AA-as a deal of rope stored in the AVarehouse, and also'some machinery, but tho exact quantity he could not say. Had never slept in Blackburn's house. Alfred Pegram, gardener, bad assisted in the making "of ropes in the evenings, and remembered Blackburn taking stock, AA'hen tho value Avas .£313. The shed Avas threofourths full of rope. After the fire fragments of the machinery Avere lying about. To Mr Lascelles : KueAV nothing of what tho sum written meant till told by Blackburn.

George Balmforth, carpenter, deposed that he lived at Hastings at the time of the fire with Blackburn, ancl helped the latter to take stock. SaAV the items copied on a shingle, and when added up tho total exceeded £300. The value of the Avarehousc Avas about £100. After the fire, on tho folloAving morning, suav portions of ironwork about the site of the shed. Blackburn Avorked long hours, and Avas a quick Avorkman.

EcLvard Mctherell, miller, said he Avas aroused on the night of the fire by the glare of light in his room. AVhen he reached the scene of the fire saAV a man standing in the paddock, and told him to go and rouse Blackburn. Tho burning place Avas not empty. AVilliam A. Beecroft deposed the fire broke out after ho bad closed his licensed promises at midnight. AVhen he reached tho scene Mr and Mrs Blackburn and a man named Joe Muggins were thero. P. S. McLean, solicitor, said he was originally solicitor for plaintiff. Spoke to the agent of the company in reference to tho claim for the amount of the policy on the 11th of January, 1882. The agent asked for delay, so that ho might communicate Avith the head office. Next day tlie agent specifically declined to pay. After the claim Avas sent in, and until the present action was commenced, the company did not communicate Avith Avitness in reference to Blackburn's claim.

This concluded plaintiff's case. Constable Pickering saidhoAvas stationed at Clive in 1881, and on the 29th December Avas requested by Blackburn to inspect tho scene of the fire. AVitnoss and Detective Grace aftonvards did so. There was no appearance of tho corn having been trampled. Robert Dobson, agent for tho Now Zealand Loan and Mercantile Agency Company, deposed that the company's books shoAved 24 bales of flax supplied to Blackburn, from August, 1880, to April, 1881, the total cost being £100 18s sd. Detective Grace deposed ho saw tho plaintiff at Hastings on the morning after the fire. Plaintiff made a statement of having heard footsteps about 10 o'clock on the night of the fire. AVitncss pointed out that there Avere no traces of such. AVitness found a padlock, locked to the hasp, among the debris from the fi.ro. Tins Day. Detectivo Grace (re-called) exhibited to the jury the position in Avhich he had found the padlock inside the door after the fire. AVilliam Beilby, formerly sub-agent for the NeAV Zealand Insurance Company, deposed ho Avas formerly agent for the North British.

At this stage His Honor asked Mr Leo if he purposed continuing the case, in the face of the fact that thero had been no evidence up to this time to slioav that tho company had Avaivcd the point as regards tho notice not having been given in time. Mr Leo desired to proceed, so as a decision might bo given on the other issues. Messrs Lee and Lascelles then retired to consult as to the course to be folloAved. Mr Lee announced that Mr Lascelles and himself could not agree to let the issues go to the jury, as Mr Lascelles would not waive tlie point as regards the claim not having been made Avithin fifteen days of the fire. Mr Lee then accepted a non-suit, with costs under tho old scale. SHEEHAN V. ROBERTSON. Mr Stout for plaintiff, and Mr Lascelles for defendant. J. Sheehan deposed he was trustee and executor in the -will of the lato Karaitiana Takamoana. Tho PakoAvhai property Avas part of Karaitiana's estate. Tho defendant had been manager for tho latter. Karaitiana died in 1579, but probate Avas not obtained until August, 1881. He met Mr Robertson in October, 1882, who Avas then in possession of the land, and requested him to leave, as he Avished to wind up the estate. Up to then ho was in lawful possession of the estate for Avitness. Robertson did not leave. There Avas no stock belonging to the estate at that date on the block. Robertson gave his reasons for not leaving tAvo or three days before the requisition. Robertson told him ho would not leave till ho paid certain debts of other people Avith Avhom ho had no connection regarding the estate. A fair rental Avould have been 30s per acre per annum. Had an offer from Mr J. N. AVilliams last year, Avhich he was able to accept, but could not give possession. Since October, 1882, tho estate has had no benefit from this land. The land claimed Avould be about 420 acres. Through trespassing the estate had lost about £2000.

Cross-examined by Mr Lascelles: Defendant had had sheep and horses on the estate, and Avith others Avas jointly trespassing. Defendant told him deliberately that he would not leave till the debts of other natives were paid. Tho estate had received no benefit from that portion of the block. A certain portion of grass seed was realised by the estate. Defendant had a claim against the estate, which had since been paid, with the exception of £50. The account was something like £1000. Re-examined by Mr Stout: Defendant had no permission to occupy any land Avith his horses and sheep.

(Left sitting.)