SUPREME COURT.

Globe, Volume I, Issue 46, 23 July 1874, Page 3

SUPREME COURT.

SITTINGS AT NISI PRIDS.

Wednesday, July 22

[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 11 a.m.

John Watson was examined as to a conversation occurring between Perham and Ryder. J. W. H. Lee gave evidence as to his seeing the fire on the 29th. On that day he was on the Carlton run, and saw the fire, which he did not think was on Stubb'sland. This was between eight and nine o'clock in the morning ; when he left the run about ten o'clock he saw the fire spring up and go towards Starvation Hill. He saw two men on foot going towards Mr Ellis' dip. When he saw the fire in the morning, the appearance of the smoke led him to believe that the fire was just about going out. Joseph Lough was re-examined as to an examination made by him on the spot where the fire commenced.

Frederick Cummings was the next witness, and deposed to having seen a large fire on Mr Stubb's land on the 31st January, and also several firea burning on the defendant's run during the month of January. John Tucker Ford gave evidence as to a valuation made by him on the Carlton run of the damage done to fences, &c, by the fire. This closed the plaintiffs' case. Mr Garrick opened the defendant's case by calling Thomas Ellis, who deposed that he was the defendant and the owner of the run known as the Ashley Gorge station. Mr Perham as his manager, had power in the matter of lighting fires on the run, and did so at his discretion. The witness then detailed the visit of Perham and himself to the Carlton station, and the conversation which took place between himself and Ryder respecting the sheep belonging to the plaintiff remaining on his (defendant's) property until he could conveniently remove them, and also as to an examination made by him of the spot at which the fire was supposed to have commenced.

Thomas Crewe produced a plan made by him of the locality of the fire as seen by him, and also delineating the position of the fire lit by Mr Perham. Thomas Galloway having been examined, mainly corroborative of Crewe's evidence, the Court adjourned till 11 a.m. this day.