MAGISTRATE’S COURT.

Manawatu Herald, Volume XXXVIII, Issue 1603, 26 August 1916, Page 3

MAGISTRATE’S COURT.

MONTHLY SITTING.

The monthly sitting of the Magistrate’s Court was held before Mr J. W. Poynton, S.M., yesterday.

DRUNKENNESS

John Kinley was charged with being found drunk in a public place, the second offence within six months. Accused pleaded guilty, and was fined 40s, with costs 7s. L. W. Wilson, charged with being found in a helpless state of drunkenness, did not appear, and was lined 10s and costs 7s.

UNDEFENDED CASES

Judgment for plaintiffs was entered up in the following undefended civil eases: —E. Wanklyn v. C. Flint, claim £57 4s Od, costs £4 Is (id, and E. M. Gore v. E. Rout, £5 10s Od, costs 34s (id. JUDGMENT SUMMONSES.

Fred Charles, who did not appear, and no excuse given for absence, was ordered to pay P. Lumsden £2 on or before September 25th, in default two days’ imprisonment in Wellington prison. In the case B. G. Gower v. J. C. Aitcheson, judgment debtor was examined by counsel, after which the Magistrate made an order for the payment of the amount, due, £l2 5s 6d, by instalments of £1 per month, first payment to be made on or before October Ist.

FLAX FIRE CASE.

Stevens, Easton and Austin (Mr Innes) proceeded against John Chrystall (Mr 11. (I. Moore) to recover the sum of £9O, being £OO for 30 tons of green flax at 30s per ton, and £3O damage done to llax roots and seeds, through a lire which spread frdm defendant’s laud to plaintiff’s property. Carl Lundquist (Mr Fletcher), engaged in draining on defendant’s property, and who lit the lire in question, was also joined as a defendant. It was admitted that the lire was lit by Lundquist and spread on to plaintiffs’ land.

For the plaintiff evidence was given by William Howie, flax manager, who stated that in response to a telephone message, he took live men to assist in putting the fire out. Whilst there he saw defendant, who said that the cause of the lire was carelessness on the part of his men. Some little time later witness, together with Mr Easton and Mr Chrystall, went over the scene of the fire for the purpose of estimating the damage. He considered there were about (it) tons of (lax burnt. The majority of the roots wore also destroyed, and he considered only about ten per cent, would grow again. Mr Chrystall estimated the quantity burnt at 20 tons. Mr Easton said that rather than have any litigation he would split the difference and make it 40 tons. Mr Chrystall did not agree to this. The area that the tire spread over was about 41 acres. In cross examination, witness denied discussing the damage' done with a man named Williams, and certainly did not tell him that only ten tons was burnt.

Prank Spiers, lluxeutter, estimated the quantity of green llax destroyed at from 70 to 80 tons. Evidence was also given by Hugh Kinley and James Desmond, but neither could give any estimate of •the damage, not having been over the ground since the lire. Frederick Spencer Easton stated that after the lire Mr -Chry stall asked him to go over the land to estimate the damage. After going over it, witness appealed to Mr Howie, who gave an estimate of 00 tons. Mr Chrystall thought only ahout 20 tons was destroyed. Witness then ollered, in order to save litigation, to reduce, the amount to 40 tons. Mr Chrystall would not agree. Witness considered that only about ten per cent, of the roots would grow again, the others being totally destroyed. For the defence evidence was given by the defendant, John Clxryata.ll,' who stated that Lundquist was an indopendant contractor, and not a servant. The amount of damage claimed was grossly exaggerated. He considered that 20 tons was a high estimate, hut. he offered to settle at that at the time so as not to have any trouble. He estimated the amount burnt at 15 tons. Practically the whole of the roots were now growing again. Albert John Gibbs, tlaxmiller, estimated the amount of flax burnt at not- more than 13 or 14 tons. He saw the property about a month ago, and the bulk of the roots were growing again. Only a very few roots were destroyed.

Alexander Saunders considered the quantity burnt at 15 tons at the outside. Onty about ten per cent, of the roots were not growing again.

Joseph Williams said that a day or so after the tire in answer to a question by him as to the extent of the damage, Mr Howie said that about ten tons had been burnt. Hans Andresen said that 20 tons Was a very high estimate of the llax burnt.

Carl Lundquist, called by Mr Fletcher to give evidence that he was an employee of Mr Chrystall, and not a contractor at the time of the lire, said that Mr Chrystall asked him for a price for digging a drain, and witness said that it would be somewhere between 30s and 35s a chain. It was agreed that witness should dig one chain and then put a price on the job. It was during the time he was digging the first chain that the fire occurred. He estimated the flax burnt at 12 tons. Practically all the roots were growing again.

Judgment was reserved, the Magistrate intimating that he would go over the ground next Court day.