SUPREME COURT.

Evening Star, Issue 3343, 6 November 1873, Page 2

SUPREME COURT.

CIVIL SITTINGS. TIItIcSDAV, NoVOHEK (). (Before His Honor Mr Justice Chapman and a Special Jury.) wum: v. jTkullak. r riic hearing of this case was resumed today. John M'Kcllar, one of tlx: defcmlants, ms the first witness called. Ho deposed to having seen the defendants m August ISM, when he (witness) offered to take either end of the run. They said they preferred having the lake end. The liver Bund was then fixed upon as the boundary, and it was always respected by defendants as such. In the year IS7O, witness had occasion to write a letter to plaintiffs complaining that they had not kept the boundary. No reply was made to that communication. They (defendants) had lost money on the land during the last five years. Since they first went there, stock had depreciated in value, and ten per cent, of the capital putin had been lost. —The (hurt; It appears to me, from what you say, that the country is not worth fighting about. —He (witness) continued to say that ]ic would not like to give L! ,000 for the land in question. He knew defendants had given Low the country for L 5 a-year to keep plaintiffs out of it. He had all along respected the boundary line agreed upon.— To the Jury : Plaintiffs put uj) the wool -shed on the southern part of the run. They (defendants) were never asked to pay for the sheds, and they never offered to do so. Guthbert Cowan deposed that he was appointed an arbitrator along with Messrs Strode and Jlecs. Ho recollected Taylor White having been examined, and took notes of Ids evidence. In reply to a question, he ('Taylor White) said he understood they had purchased 25.000 acres. These, witness could say from memory, were the identical words. The arbitrators sat for several days in succession. When the evidence closed on both sides, the arbitrators remained to consult as to their decision. Mr Strode knew there were points upon which he (witness) and Mr lines did not agree, and he rose and went tq the lire to warm himself while they discussed these points. After discussion, they found that they still disagreed upon these points. They were material points; While they were discussing the points at which they were at variance, he (witness) was <ff opinion that Mr Strode took no part ip the discussion. -To the Court: He was present, however, during the whole time. —Examination com tinned : As they could not agree, he (witness) said he would be willing to abide by Mr Strode’s decision on the main points. He was aware of the fact that the decision had to be signed by two of the arbitrators. Mr Jvccs was to remain in town to join Mr Strode in the award. It was arranged that witness should meet the other arUtialyrs in Hum-din on the 21st July. His reason for’not attending the meeting fixed for an earlier day, was that sufficient notice had mff been given to him. In ei : oss-Oxiupin»-tion, the witness said that he could not attend the meeting fixed by the arbitrators in consequence of Ids own business affairs. He had Made arrangements to be in Dunedin on the 2J.st July. The case is expected to conclude to-morrow.