RESIDENT MAGISTRATES COURT, FOXTON.

Manawatu Herald, Volume II, Issue 91, 9 July 1880, Page 2

RESIDENT MAGISTRATES COURT, FOXTON.

■ » - Whdhbhday, July 7, 1880. (Before ft. Ward, Esq., R.M.) CHIMNEY ON WRE. Lydia H. Burr was charged with allowing her chimney to take fire. Henry Burr, who appeared for the defendant, admitted that the chimney was on fire on the occasion, but said it was caused by the. upsetting of some fat from a frying pan ; the chimney had been swept about three weeks previously. „ _..,. ..... — Case dismissed. MAINTENANCE. W. Dpdds.v, J..D_oddfl.-r This case, wfiicii had been remanded from Otaki, was a complaint by the plaintiff against; • the • defendants-big brother—for neglecting to comply with an order of the Court to contribute towards the support of his mother, fhe defendant, who is a resident of Wellington, put in aa affidavit explaining his non-compliance with the order, which his Worship connid.rod aatisfectpry,^aud the\ case was dismissed. CIVIL CASE. G. N. Wood v. J. & H. BarberClaim £100, for the value of 26 tons of potatoes, at £4 per ton. Mr r Staite* with Mr Hawkins, appeared for the plaintiff; and Mr Perkins, with him Mr Hankins, for the defendants. ' A long discussion took place between the counsel engaged and his Worship as to the propriety or otherwise of reading the evidence taken for the defence at Wellington before the ' case was opened. Ultimately it was decided to allow the evidence to be read after evidence had been given in support of the plaintiff's case. * Mr Staifce then opened the case for the plaintiff. He said that on the 14th May, 1878, the defendants, by their agent Walker, seized, at Moutoa, about 25 tons of potatoes, belonging to the plaintiff, and he now sought to recover £100 damages for the loss of same. George Newman Wood,the plaintiff, deposed— We were digging the potatoes and had 38 heaps ready, each heap being about 15 cwt ; there was still about an acie todig up ; Walker did not interfere until I refused to hand him over my horse and cart ; Walker at this time was manager for defendants ; on the 14th May Walker came down and said" I must stop you from removing any more crops ;" I asked, " How's that ?" ; lie replied, " Ton won't hand over the horses, and I am advised to stop you from taking any more crops" ; Walker sold some of the potatoes to people about the town, and a quantity was sent to his house; the potatoes were sown in about 2 J acres ; I lelieve there were about 13 tons to the acre ; I only estimate it at 10 tons — the lowest average known here ; I was selling potatoes at the time at £4 per ton ; I swear I. would have made more than £100 with the potatoes ; I ■iold some potatoes to Coley at £3 ; I asked Barber if he would settle ,with ;ns for the potatoes, and he said the case had better go on, and if he lort it he would look to Buller.

By Mr Perkins— l was on the laud on 14th May 1880, digging potatoes-; no one gave me permission ; I mortgaged the property in 1876 to Dr. Buller, and I paid the two first quarters' interest regularly ; I asked him to allow me to defer payment: of the third quarter's interest, but he entered into possession under the mortgage ; I surrendered the lease before Buller ■ took possession ; about May, 1878, Walker took possession on behalf of Dr. Buller ; there were 15 or 16 tons of potatoes lying in heaps ; Barber said he only wanted the land for the sheep, I could get the^ crops off at any time ; I have had an action with Dr. Buller lately in the Supreme Court, which he lost ; I have not the decree in the case ; Walker was in possession about a fortnight before he stopped me taking the potatoes ; I had not been damaging the property .before being ordered to stop digging the potatoes ; if . Walker swears I had, he swears to a lie ; I know Walker took several cartloads of potatoes away to his house ; when Walker stopped me, I told him I would bring an action to recover for same ; this is the action ; it is two years- ago ; I sold potatoes to Coley cheap to get some money ; if Barber swears I was pulling up the fruit trees, it is not true ; I was not pulling up the trees ; I gave up possession about the middle of April ; I made a claim to Walker for the potatoes, and he said it was Barber's doing ; if he swears I did not, it is false. By Mr Staite — This is a copy of a declaration in the case of Wood v. Buller tried in the Supreme Court ; there is no reference in that to the claim for these potatoes; Walker took possession for Dr. Buller's tenants. S. M. Baker, Clerk of the Court at Foxton, said he produced evidence, taken in the case for defendants at Wellington. Evidence read. George Hadfield, a settler at Moutoa, said he knew Mr Wood ; I know he had a ; crop of potatoes .in 1878 ; I believe it was a good crop ; I consider a good average crop about 10 tons ; Ido notgknow how many acres he had in crop ; when Woods left he haa removed 1 a part of the potatoes; I know Walker had removed wine, became I bought half

a ton from him ; I saw^Jih&TftoijMi^ being removed 'by 'him; I think r } paid at the rate of £4 per* ton ; tliat waa a rather low price. ; • •». By-Mr Perkins— l could not^ B&y how many potatoes were left in >&$' ground ; it might have been £1 10s I paid Walker for the potatoes ; I would not give so v much, if I purchased 10 tons ; I could apt flay whether £4 was the ruling price at that time. John M'Givern, laborer, residing at Moutoa, deposed— l know Wood's tatoes and wheat in' the ground early ' in 1878 ; < lsiio«l4:say or 3 acres of' potatoes sown ; the crop was-as good as I -have Been ~mx ** the district; the return' would be between 10 and 12 tons of potatoes per (icre ; Walker employed me^.i&^gett; ing out the crop ; a good-inftEfcy were sent" aw_ay> *by WalkerT " &<&' -'* value of potatoes at that time would be about £4 per ton. - - By ; Mr Perkins— l saw Mr Wood plant the potatoes ; I saw them growing, and think the crop was a good /one ; Ido not know how many days' I was at work taking out the potatoes ; - : r I consider 18 heaps were dug tip, -and there would be a ton in each heap ; there was also 25 rbws still to be dug ; I am positive there' were" 10 ' tons to the acre. ■•■-.'••-•'■ By Mr'Staite— l think tiie're wMd be about 3 or 4 tons of potatoes u^'"' the rows left undug ; I did not know whether Wood had removed -toy potatoes before. I. .went on to -.the ground. 7■■ , f- ,'■'.' By the Court— l did not count fne rows, but think there "were 25 rows. . Hemi Warena, a native, deposed— t I remember Wood's land being so*n • in potatoes ; I do not know how many potatoes he got from the crop ; we (the natives) sold some potatoes at that time in Foxton at £4 per ton. W. L'.'Builer was called on, bat failed to appear. ■• .-■■-. This closed the case for the plaintiff. • ■■.-.-•'■ Mr Hankins addressed the Court at length for the defence, quoting a number of authorities. ' Mr Hawkins having replied, His Worship said plaintiff was clearly entitled to a verdict, and judgment would be given for £60 and costs.