RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2795, 1 February 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) ■mit HIM!', mix ,ipRE. Marshall v. Ford.—This pasp resumed this morning, Mr E. Cook fop the plaintiff; Mr Stout for the defendant. In examination this morning, the defendant stated that he had no fire on his land since August last, and there was no fire on any part of his land on the 23rd December. He saw the plaintiff burning scrub on his land on the 7th December, and also saw plaintiff feeding the same fire on the 10th. On the Sunday night it was blazing about 40 feet high. He saw a fire on Marshall’s land all the week before the 23rd December. On the 23rd he got up between six and seven o’eloek, aiid there was no fire on his Jppd then. On the afternoon of the 23rd Decernr her he left for town, and there w'as no fire then on his laud ; but he saw a broadleaf stump burning on the road line opposite section 55. On his return the bush was ail in a blaze about Marshall’s place, and the largest fire was at the back of Marshall’s house. He then saw some fire on his section 53; thinking Marshall’s house would be burnt, he went across to assist him, He found Marshall pitching some firewood to windward, and helped him. They could not succeed in stopping the fire, and they then went to Marshall’s house. He saw Mrs Marshall standing at the corner post of his lafid 3 , and asked Marshall, how did it happen, Bob ? He said didn’t know ; if he had Lad a bucket of water l when be came up first he could have put it but Mrs Marshall then asked him to go and assist to put put the fire beyond the hpuae, and he went. There was no fire between where he was standing and the big fire beyond Marshall’s' house. They tried to stop the tire but could uot, This

fire they were trying to stop was within .half a chain of the place where he saw the fire in the morning. He then went to tea and afterwards went again to assist Marshall. He had some conversation with him about a broadleaf stump. He told him that he saw a broadleaf stump burning on the road line when he went to town in the morning. There were two fires to the south and west of his land before the 22nd December. George Ford, brother of defendant, and a settler at Pine Hill, had a conversation with Marshall on the 27th of December. He asked him what quantity of firewood he had burnt. Witness said about seventy cords. Fires have been burning from the south and west of his place before the 23rd of December. He saw no fire on his brother’s ground on the 22nd or 23rd. He saw fire at five o’clock in the morning on Marshall’s laud, north-east of Marshall’s house. At half-past eight o’clock on the same day was at his brother’s house, and there was no fire th; n on his brother’s land ; but at about twelve o’clock on the same day he saw fire on the road line. In the morning, when he was going to town, saw a fire on M'Glashan’s land, and on returning at twelve o’clock it had spread through the bush for about forty chains. Saw fire on Marshall’s ground, section 16, on the 7th of December ; it burnt until the 10th ; also saw fire on the same section on the 22nd December. At about a quarter to three o’clock on the afternoon of the 23rd December. At about a quarter to three o’clock on the afternoon of the 23rd December he saw no fire on Marshall’s place or his brother’s, only the fire he saw northeast of Marshall's house; the fire at that time was raging on the road line. When he returned at about six o’clock in the evening both Marshall’s place and his brother’s were Burning. He tried to assist to put it out, but could not William Winton, settler. Pine Hill, knew both the land of plaintiff and defendant. At about two o’clock on the afternoon of the 23rd, he was with Marshall in his dray on the road, and they saw fire. Marshall thought it was near his house. Witness said, “No, it must be ott the district road.” Marshall then said that was right; and on going up to the place found the fire on the district road was up at Ford’s and Marshall’s place on the night of the 23rd, and assisted to put out the fire. He was in the habit of passing up and down the Pine. Hill Road every day for a mouth previous to the 23rd of December, and saw no fire on defendant’s place. James Leckie, settler, North-East Valley, was at Pine Hill'on the morning ef the 23rd December, and about three o’clock in the morning of that day saw a fire on Marshall’s land to the right of the barn, the fire clear enough to show all the house. Saw no fire on Ford’s laud, but saw a broadleaf stump on fire on the road opposite Ford’s place. Peter Henderson was carting bushes on the 23rd December from Pine Hill. Was getting the bushes from the lower side of the road opposite Mr Ford’s land, it was between nine and ten o’clock in the morning ; saw no fire at that time on Ford’s land. He saw a fire on Marshall’s land either on the Thursday or Friday before the 23rd December. George Bunting, settler, Pine Hill, had been in the habit of going up and down the Pine Hill road daily, from the 6th November, and had not seen any fire on Ford’s land during that time. Daniel" Dayey, settle*, }?mp Hill, was passing Ford’s land on the 23rd December; between 9 and 10 o’clock in the morning. Saw no fire on Ford’s land at that time, but saw a stump burning on the road line. John Henderson and John Ford ga"e similar evidence. Judgment for defendant, the usual costs being allowed.