RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2526, 22 March 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

Yesterday

(Before A. C. Strode, Esq., R. M.)

IIEOIXA r. m'i.eod.

The adjourned ease of Rogma (on the information of Henry Driver) v. Alexander MtLeod, for publishing a certain libellous placard, was then called. The hearing of evidence for the prosecution was resumed as follows :

Henry Driver, recalled : [A copy of the alleged libellous placard was handed to the witness] I have never written a letter in those terms to Mr Trewcek. The expression “old Major” 1 take to refer to Major

Croker. I understand the implications and insinuations intended to be conveyed by the letter ; all the statements and suggestions contained in it are false from beginning to end. 1 scarcely understand the insinuation “a townie of ’Maclean’s.” I take the insinuation “ lining his pockets” to mean that I bribed Mr Mneandrcw. I distinctly state that I never bribed him, nor lent him money or anything equivalent to money —in fact, I never had any dealings with him in any shape or form,'so far as money is concerned. Cross-examined : The three letters handed to me I believe to be in Treweek’s handwriting, and the other one to bo mine. (Letters read). 1 understand by Treweck s expression “ ns you are the chief manager of all banks and Government allairs, scud the Major away out of tnis,” that he desired Major Croker should leave the district ; lie hold, however, a very exalted opinion of my position, financial and political. I knew what ho meant—that Croker was working against him, and that he would like to see him away from there —but I gave it no consideration. By the expression “ I am likely to have a row Avith M ‘Kinnon and wife,” I understood he Avas likely to have a roAV Avith them, unless he heard from me. In my letter of Nov. 19 to Trcwcek, by the worcl-s “going on at the head,” I meant lie did not knoAV Avhat Avas being done in Dunedin for the settlement of hi* disagreement with M‘Kinnon and others on the run. By the expression “the Government and I fully understand each other,” I mean Avhat is stated ; the Government —that is the Provincial Government-and ! did understand each other. I can scarcely say avlio \vcre the Government. I think Messrs Vogel, Duncan, and Burns. 1 had talk Avith Mi Vogel and Mr Duncan on the subject. It avrs understood an arrangement was made by which the G'wernment Avas to settle these disputes. Could not rec licet what paiticubir letters had boon written. I have been thorough! A r disgusted with the A\hoiC thinrr long since. "The Government Ayere aware that the men on the run had no right of Decimation, they admitted so ; I do not think Mr MacandreAv admitted, it may have h?en Mr Vogel, Mr Burns, or Mr Duncan. I said both’to the Government and Mr Mneandrcw, Avhen at luap-ka, that the men ought to be I can t le.olhct having any conversation Avitn Air MacandieAV on this subject before Avnting the lettei ; I don’t think' I had, so far as I recollect my conversations Avorc with Mr "Vogel. J don c recollect making any arrangement Avith Air MacandrcAA' himself, but an arrangement Avas made by which the Superintendent was to go to to Tnapeka to arrange the matter upon the basis talked about in town. 1 Avill not swear any arrangement Avas made betAVcC.i Air Alacandrcw and me, and 1 savc:u distinctly I have no recollection of speaking to him on t V| e subject. At the time I knew him very little. I denv 1 had any anangemmt Avi'h Mr Maeandrew noon this or any other subject ; but with him, as a part of the Government, I may have had. I can t say that I had any conversation Avith him as to what he intended to do at Tuapcka. The arrangement Avith the Government A\ as that nothing was to he done by Irewcek ; no cattle inpounded until after Air Macandrew’s An’sit to Tnapeka. There was no arrangement for the final of the master until after the visit. 1 promised for Trcweck that he should take no action until a'ter the visit. 1 SAvear I arranged nothing Avith Air Alacandrcw. In regard to the reference to “the small fry,” 1 had heard Air A r ogel in the Provincial Council complaining that owners of large stocks AA r erc monopolising the goldfields to the detriment of smaT settlers, that they should he compelled to take their sheep off, which would give abundance of room for the small settlers, and I beg leave to think that Avas a very sensible proposition. 1 Avill swear that “by things going on at the hcad ? ” I did not mean Air Alacandrcw. All these transactions were distinctly fair and above board ; there was not the slightest reason for scc ecy. 1 Avdl explain the words-—“ But mind do not by any chance breathe a Avord of this.” T wanted Trewock to keep quiet and not talk all over the country—not to open his mouth at all—so as to prevent any further difficulty until after Air ATacandreAv’s visit. I Avishod to impress upon him the ah-o’nto necessity for having no communicat'on Avith anv of the parties interested. By the expression, “ As for old Croker, his tunc is short,” I suppose I meant the general report going about that he was about to be dismissed from his office. I knew nothing of it of my own knowledge, the matter Avas talked about in the streets for months or a year before—certainly for a vetT long time. At this Gage of the proceedings the case was adjourned until Tuc day next.

This Day

(Before A, C. Strode, Esq., R AI.)

Civil Casks,

Hutchins v. Lawson—LG 10. A chiim for goods sold and delivered. Judgment by default for the plaintiff, Caldcr v. Douglas—T 85 8s G. for rent due of a house in Oavorsham, and for damage resulting from not leaving the house in proper repair, and injury to fruit trees. Mr Barton for the plaintiff, Mr Stewart for the defendant. LB2 10s wa* paid into Court, In Ids evidence the plabitiff stated that the damage done to the trees arose from the unskilful pulling of fruit from the apple trees. There were U chains of fencing, valued at 80s a chain, missing ; eight panes of glass cracked or broken ; a grate and steel ash frame taken away ; several locks and keys missing ; a hand-rail damaged to the extent of 10s, and in different places large pieces of plaster knocked off; the flowers were cut out of the vases, and the roots left in one. He estimated the damage to twenty-four apple trees - one twenty-two years old and the others fourteen to fifteen -by the destruction ,of the fruit spurs, at I 25, as their bearing qualities were destroyed. Two gardeners were examined as to the damage done to the trees. A youth and a girl proved purchasing fruit of Mr Douglas’s servant. For the defence, it was urged that Mr Douglas, as tenant, was entitled to the fruit in the garden at any time during his tenancy ; that the alleged damage to the fence and houses were the consequences of natural decay, and that the plants in vases belonged to the tenant and not to the freehold. The defendant in his evidence said when he left the premises it was worth six times the rent it would have fetched on his taking possession. Ho knew nothing of the claims made hy Mr Caldcr until he received the summons. The flowers belonged to himself, being placed in vases about two feet from the ground on pedestals ; and as to the fence, it was not only of uu use, but was a i uisance. As to

the alleged damage to the fruit trees, one important branch was broken by the wind. For himself, he received nothing for the fruit. I s o threat was held out to Mr Calder ; but on witness urging him to take the premises off his hands, ho showed to him tint it was possible a sub-tenant might reduce it to the condition of a sto. k-yard. C. Matthews, gardener, stated that a few spurs were broken off the trees in pulling the apples, but that no permanent damage was done. The value of the season’s fruit would be worth about L 5. About a third of the produce was left. John Langmuir, gardener, saw the garden about 11 or I*2 o’clock on February last. The produce of those apple trees would be worth probably La or LG. There was no more damage done to the trees than usual in pulling fruit. H s Worship awarded damages to the grate and premises, and wire fencing taking away L3G, including the amount paid into Court, with costs.

[Left sitting ]