SUPREME COURT.

Nelson Evening Mail, Volume VIII, Issue 7, 8 January 1873, Page 2

SUPREME COURT.

[Before His Honor Mr Justice Richmond] This Day. ARSON.

John Palmer, of Waimea West, was charged with having feloniously, unlawfully, and maliciously set fire to a building, to wit a breakwater, erected in the bed of the Wai-iti river, belonging to her Majesty the Queen; further, that he set fire to a breakwater in the bed of the Wai-iti river, belonging to his Honor the Superintendent; further, that he set fire to a breakwater erected by public contribution ; further, that he set fire to a breakwater the' property df William Davis Scott j further that he did damage and destroy a certain dam in the Wai-iti river whereby certain adjoining lands are rendered liable to floods.

' Mr Fell appeared for the prosecution, and Mr Pitt for the defence.

Mr; Fell having opened the case, called Thomas Brunner, who produced a plan of the Wai-iti river in the vicinity of the spot where the breakwater stood, 'and of the neighbouring sections showing their original boundaries.

Sydney Higgins: I am a farmer, living in Waimea South. I was near Scott and Palmer's land on Saturday, 30th Nov. I came up the river bed until I got to Badman's creek. I saw four persons, Palmer, Thomas Eden, and two others, standing among some manuka trees on the left bank of the river outside the corner of Palmer's fence. Palmer came across to me and said, Scott was a rogue. He had put up a breakwater to destroy hia (Palmer's) land and they were come up to destroy it. This was a little before noon^l saw no fire or smoke then. Eden then came across and asked me 'for two or tbreev matches to light his pipe with. I came back betweeo 5 and 6 o'clock. I saw a smoke up the river. I took no notice of it then, but at the inquest I. went to the place where I had seen the smoke, and saw the burnt breakwater. There was a little water running at the time on the south-east side of the river.

Cross-examined : I have been living in the district 24 years. I knew tbe river well at one time, but have not crossed it much lately. I know a road leading from the breakwater to Scott's house. When Palmer came to speak to me, I was about a chain and a-half from where the others were standing. He said, We are come to destroy the breakwater. They were quite 30 chains from the breakwater. I gave Eden the matches before Palmer told me what they were going to do. I did not say anything about this ut the inquest because I was not asked. There were only the end 3 of the breakwater burnt. There is not much damage done to it.

Johu Hftgan : I live at Spring Grove, oa my mother's farm. It is about 300 yards from Scott's, on the opposite side of the . river. I was on the bed of the Wai-iti river about half-past twelve on Saturday, 30th November. I know a breakwater that stood in the middle of the river. I noticed that it was on fire. I saw Palmer standing at the north -end of it. I saw bim pick up a piece of wood and put it on the fire. I went away and left him there. I saw the smoke from it all the next day.

Cross-examined : It might be a mileoff that I first saw the fire. There is a little tongue of" water close to the breakwater. Scott first spoke to me about the fire two or three nights after it happened. He cume to see if I knew anything about it. At the inquest I said at first that I was nearly sure it was Palmer I saw near the breakwater, but I was told by some of the jurymen I must say Yes or No, and I then said I was quite sure.

By the Court : I never had any doubt it was Palmer. lam quite sure it was he.

Examination continued : I said at the inquest I was "Dearly sure" because I didn't know I was bound fco answer positively. Only the three corners of the breakwater are destroyed. I knovV the Wai-iti river very well. It used to run where the breakwater is now.

William Davis Scott : I am a flaxmiller, living in Waimea West. I own a section bordering on the river. There are four breakwaters in the river bed on the borders of that land. I have been in occupation of the section for two years and a-half. [Witness here described the action of the river on his land before and subsequent to tbe erection of the breakwater.] As the river was washing away my land, I appealed to the Government, and received £6 to put up three breakwaters. I did so, and finding they were not enough, I put up another. The three first, one of which was the one destroyed, were put up under the directions of the present Overseer of Works.

This witness underwent a long examination and cross-examination, tending principally to show the result of the breakwaters on the adjacent lands.

Joseph Shephard, Provincial Treasurer, produced Scott's receipt for £6 from the Provincial Government, paid to him to meet equivalent subscriptions for the erection of breakwaters.

James Ives was called to show that, prior to the erection of the breakwaters, the river was in the habit of eating away ScottV land whenever there was a flood. Since they were constructed, the river had been turned away,^ but had not been the cause of injuring Palmer's land, it had rather done it good.

William Lightfoot: lam Superintendent of Public Works. I was acting as Provincial Engineer in the latter part of 1871. I received orders to meet Mr Scott and examine with him into the damage being done by this river to. his land. 'It was washing right into his section. Scott proposed to erect the breakwater that hasbeen burn t, and I quite agre.qd with him that it was the proper thing to' do. The three other breakwaters were erected with' my approval. Had the breakwater, not been placed there the river "would, in all probability have cut a straight.course through into Badman's Creek. I don't think tbey had done any damage to any. one else's land.

Cross-examined: I have been engaged in superintending the erection of raany protec-

tive works in ths Wai-iti, but they have not always realised my expectations. I recommended the construction of all the four breakwaters, but not that anything should be paid towards the ono that has been burnt, as, though T approved of it, I considered it would be too costly. I did not examine and pass it after it was made.

This closed the case for the prosecution.

Mr Pitt submitted that there was no' case io go to a jury. He argued that the breakwater was a building within the j meaning of the "Malicious Injuries to Property Act," that it was not a " dam" within the meaning of the Act, and that the property had not been proved to be j vested in any person. His Honor reserved his opinion on these objections, stating that if there was a conviction he should state a case for the Court ofAppeal. Mr Pitt hav.iog opened the case for the defence called ' Thomas Eden, who said, I went withPalmer, Tomlinaon, and Thorbum to measure the breakwater and make a sketch of the river bed on the 30th November. We saw Higgins coming. Palmsr went and spoke to him, and ,1 then went and asked for some matches to light our pipes. He pave us three. Thorbum used two and I one in lighting our pipes. Thorbum lighted a little fire just by Palmer's cart. This was about half-a-mile from the breakwater. Palmer had none of the matches. We did not go to the breakwater afterwards. I did not see Palmer go to tbe river bed again. We ali left together, and got to Palmer's about three o'clock. I knew nothing of tbe breakwater being burnt until the following Monday. I did not hear Palmer say anythiag about it.

The case was proceeding when we went

(o press.

Dr. Stewart, who attended the leper, is of opinion tbat he ought to periodically report himself, for the purpose of being examined, to ascertain whether the disease is thoroughly eradicated from his system. " Ah Chow," says the Tiiapeka Times, is the first leper we have heard of being cured, and the district ought to feel proud that the fell disease has been conquered by a local medical gentleman. This cure should also stimulate physicians in other localities to at least endeavor to restore to health tbe poor wretches suffering from this complaint, who may come in under their care, instead of, as is generally the case, allowing tiiem to rot to death. The Government have marked their sense of Dr. Stewart's treatment of Ah Chow by sending him a letter congratulating him on his success, and alao thanking him for the care and attention he bestowed."