DISTRICT COURT.

Globe, Volume XXIII, Issue 2271, 13 July 1881, Page 3

DISTRICT COURT.

Wbdnbbday, Jdiy 13. [Bofore His Honor Judge Ward.] MOIYNBTJX AND OTHBBS T HAY.

The hearing of the above case was resumed at 10 30 a.m. Mr Harper oponed tho case for the defendant, and produced a map of,the looality jwhich he explained for the information of the Court. The following evidenoe was then taken : a licensed surveyor, was first called to prove the plan, prepared by him from Government plans and actual

survey. He had pone over the ground with Messrs Hoy and Mr W. Fernston. The position of the fires was accurately marked. James Hay, the defendant, deposed that ho was a larmer living at Pigeon Bay. He held » lease of reserve 1234 from the Education Board. Oa March 2lßt he remarked a fire burning on Mr Piicaithly's sections before daylight, after which he snw two fires on Wilson's sections. Ho sow the first just us he was loaving homo, and he saw another fire start on Wi'son's seotion when ho wc? at tho reserve, at about eight o'olock in the morning. Witnesß lighted a fire 0:1 tho reserve soon after, but at tho time he did do there was a fire on the reserve, which he had not lighted. He lighted fires on tho whole faco of the reserve. Witness met the brothers Goodwin, the eldest of whom obsorved, "You are yory slow for a young man," to which witness made no reply. Goodwin then said some of their cattle would bo burned. Witness romsrked all tho oattio were out of tho reserve. Goodwin did not make use of tho expression, " Why the d 1 are you lighting the fire ? " The wind was south.3sst. Witness Baw 1?, fire spread from Wilson's to Goodwin's section before the fire from tho reserve renobed tho top of tho bill Had seen fires on Goodwin's and Pitcaitbly'a land previous to tho bi< fiie. One of thoae was burning on Goodwin's land on the morning of tho 21st March. The land before tha Cro was covered with grass, straw, and dry wood. The fires lighted by witness took a south-easterly direction. He remained near the fireß (ill 11 a.m. He saw Edwurd Goodwin in tho evening, but was nob sure anything was said about the firo. Went ever Goodwin's sections on the Saturday following. The part further up the valley was burnt up against the wind. Could tell by the appearance of the grass whether tho fire burnt with or against tho wind. Witness had made an arrangement with tho Goodwin's that they were to have tho north half of tho reserve, and Goodwin agreed to stsisfc witness and his brother to burn tho biuli off his half.

At this stage the witness was attacked by faintness, and ould not contiuo his evidenceThomas Hay, defendant's brother, was then called, and ho corroborated the testimony of his brother touching tho fires on Wilson's and Pilcaithly'a [sections on tl • morning of tho 21st March. There were a few trees on section 5840, but they wore riot injured by the fire, and some of them hud since been cut up by plaintiffs for poets. On section 5220 thero was one rotten troe; there was one tree on another section indicated, and on 19701 and 19702 there was some timber, but only fit for firewood. Objection being taken by the opposing counsel to a question by Mr Harper as being irrevelant, and, His Honor agreeing that it was immaterial to the oase, Mr Harper explained that ho should ask tho Court to oonsider it as important presently, the objeot being to test the credibility of the Goodwins' evidence. He wished to show, in fact, that the fire was lighted on the reserve with the partial conourrenoo and assent of tho plaintiffs, who were aware that in the natural order of things it mußt be done.

The examination was then continued, and Mr Button cross-examined at some length. Witness said he had warnings about setting light to fires previous to this. On one occasion, whon they " had a fire cage," they had to pay heavy damages. There was hardly an aore in Pigeon Bay but had trees which wero of some use.

Robert Hay, brother of the two previous witnesses, was next examinod. He gavo corroborative evidence.

August Wilson deposed lhat on the morning of the 21st March he lit fires on his section in different directions. Noticed

small fire on Hay's reserve. Thos. Mcintosh, a timber merchant, deposed that ho had been over Goodwin's land, and estimated the damago done, particularly with referecca to the timber. The damage was very sJ'ght. The value of the timber standing thore would nob amount to £25. The black pine was useful for firewood, which, cut and stacked, would be worth 6s to 9*. The timber, useful to sell as firewood, had been pretty well cleared off. Tho loss incurred by tho burning of tho grass would bo about 2s 6d per aore, but the burning would be a benefit in tho end. Tho poets could be delivered on the ground for /enoing at about £3 per hundred, and ro'ls £2 103. Had delivered materials for fencing on the Government road at £3 eud £3 ss. The witness was closely cross-examined by Mv Button. [Left sitting.]