SUPREME COURT.

Globe, Volume I, Issue 45, 22 July 1874, Page 3

SUPREME COURT.

SITTINGS IN NISI PRIDS.

Tuesday, July 21. [Before his Honor Mr Justice Gresson and a Special Jury.] RHODES AND ANOTHER V ELLIS.

Counsel for plaintiff, Mr L. Harper, with him Mr Geo Harper. Counsel for defendant, Mr Garrick, with him Mr Cowlishaw.

The hearing of this case was resumed at 10 a.m. yesterday. The cross-examination of the witness Ryder, was proceeded with. The examination went mainly to the first appearance of the fire, the witness describing it as a very dense body of flame driven towards the station. During the 31st January and 10th February, the witness saw Stubbs’ peat land on fire. In the conversation with Mr Perham, defendant’s manager, he had told him that he thought the boys had been lighting the fire, and had sent his son up to" sec what they were about, but he could not see them. He had not accused Perham of lighting the fire, but heard him say on oath at the inquest that he had lighted the fire. He had not accused either defendant or Perham with the fire having come from Ellis’ run. On the Ist February he saw a fire on Stubbs’ and on Ellis’s together, but on the 31st January he first saw the fire on Ellis’ land only, on some peaty land. On that morning he went to the ram paddock and saw a fire smouldering at the point marked on the map, giving indications of the peat being on fire, and also saw it again at six o’clock in the evening, when it was burning up fiercely. He had not taken particular notice of the smoke, as there had been so many fires during the month. At six o’clock on the evening of the 31st the fire first appeared to be dangerous, but the wind changed and blew the fire towards Ellis’. Arthur Stubbs was the next witness, and deposed to the fire coming on to his father’s laud.

Thomas Stubbs, father of the previous witness, gave evidence corroborative of his testimony. Messrs A. St, George Ryder, Lough, and Thomas Ellis were examined, but their evidence was not very material. Richard Perham, manager for the defendant, gave evidence of having lighted a fire on the 29th January on Mr Ellis’ laud near Stubbs’ section, in order t* burn the tussocks and improve the feed. The fire went out late in the evening having burnt only a small patch just round about, and had not spread. He saw the place again on the 2nd and 12th February, and it was in the same state as on the 29th January when he attemptedjto get the fire to burn. There was no connection on the 12th February between the fire lighted by him on the 29th, and the one going over the Carlton run. On the 31st January there was fire on Stubbs’ land, Ellis’ land on the Carlton station. He did not light any fire between the 31st January and the 10th February, or the Ist of January and the 29th January. On the 10th February ho saw fire on the Carlton run. At the conclusion of the examination of this witness the Court adjourned till 11 a.m. this morning.