RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume II, Issue 114, 17 December 1873, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Thursday, December 11.

[Before W. K. Nesbitt, Esq., R.M.]

Keti (a native) v. O. GoUrmtlK—Assault. No appearance of plaintiff. Case dismissed. Hlria Tami Tami v. Rawiri Mackey.— Plaintiff sues for the recovery of a bay mare or £lO its value. Judgment: Mare to be returned in 48 hours or £5 damages. Bumand v. Hirini Taka Taka.— Plaintiff sues for damages laid at £lO sustained by defendant unlawfully branding a certain horse the property of the plaintiff. Judgment for plaintiff £3 and costs. To be paid in one month. Colebrook v. Seaton.— Claim £3 13s balance of outstanding account. Judgment for plaintiff. To be paid in monthly instalments of 30s. Reeves v. Priestly.— Claim £8 7s 6d for driving and shipping sheep. This claim arose through an arrangement made between plaintiff and defendant for shipping certain sheep per Star of the South from Tologa Bay. It appeared that defendant had paid most of the expenses sued for, and acknowledged a portion of the claim which he paid into Court. Judgment was consequently given for defendant with costs. Shirley v. Bell.— This charge was heard on an information laid by Sergeant Shirley of the Armed Constabulary Force against defendant for a breach of the Auckland Licensing Act. Mr. Wilson for the prosecution; Mr. Cuff for the defendant. James Atkins, being sworn, states : On the 24th November, I was at Bell’s house, I had three glasses of brandy supplied to me by defendant, I drank it and paid Is 6d for it. By Mr. Cuff: It was on Monday, Mr. Cross was with me, I had nothing to eat then. I did not buy anything else but the brandy then. When I went to Bell's by request. I said “ I thought that he was closed up long ago as a public house.”

Aubrey Cross, sworn, states: I am a bullock driver. I recollect being in company with the last witness at Bell’s house on a Monday. I think I was looking for a horse. Atkins was assisting me. We settled up. We had some grog there. It was undoubtedly spirits. I do not know that any money was paid for it. I paid money for Atkin's debt but not the grog. I did call for some grog myself but did not pay for it. Cross-examined by Mr. Cuff: 1 paid Mr. Bell 6s for Atkins being in his debt. 1 went to Bell’s before Atkins. I did not see Atkins pay for any grog to defendant. Cross-examined by Mr. Wilson : I did not see Atkins the whole of the time. I was at Bell’s house.

The defendant made the following statement: Cross came to my house, having been searching for horses. He asked me if 1 had any grog. I said that I had, but that 1 could not sell it, but I would give him some without payment, us I had been cautioned by the Bench not to sell until I had obtained a proper license.

The defendant was ordered to pay a fine of £l5 and the costs of the prosecution. Johnson Brothers and Westrup v. Weston.— The plaintiffs claim from defendant the sum of £5O aa damages sustained by the plaintiffs by reason of the defendant having illegally set fire to a portion of the run in the occupation of the plaintiffs. Mr. Cuff appeared for the plaintiffs ; Mr. Wilson for the defendant.

Charles Westrup, sworn stated : I am a partner in the firm of Johnson Bros, and Westrup. The defendant occupies a portion of our run by agreement. About the 13th November I saw a fire on the run.' I was anxious to find out who lit it as it was doing so much damage. I thought it was Maoris. I went to see defendant and he told me that he had lit the fire; the reason he hod done so was that he had been stuck in the place where he fired. It was fired in a part of the run not occupied by defendant. Told the defendant to burn fiax where the cattle were running. Where the fire occurred we intended to burn eventually and sow grass seed and put sheep on it. We saved a paddock of grass seed for the purpose of saving this land. I consider we have suffered a loss of £l5O by reason of this fire. I swear positively that the amount I have sued the defendant for is very much below the amount of damage done. Cross-examined by Mr. Wilson : I did burn country about the end of January last. I have sown grass seed on this country but have made no special use of it. The instructions to defendant to burn flax &c., were verbal. I may have told defendant that as the grass seed sown had not been successful I should not sow any more. By Mr. Cuff: The grass seed is not ripe consequently not fit to sow. James Kilgour, sworn stated: lam plaintiffs shepherd. I know the country in question. I consider that there has been a great deal of damage done by this fire as it is a bouudary between the Arai and Murewai rivers. The fern will not be fit to burn again for at least four years. January is the proper time to burn. Ido not know who fired it.

Cross-examined by Mr. Wilson : If sheep were kept on this burnt land they would probably feed on the young fern. Major Westrup burnt portions of the fem last January. I have not seen any extensive fires since until the one in question.

By Mr. Cuff: My employers have got about 4000 sheep off Repongaere run to be put on this run shortly. Frederick James Carrington, sworn stated: I reside at Whakato. I was requested by the plaintiff (Mr. W.) to go to a certain part of the run a short time ago to look at the damage done by a fire. Ido not remember seeing the young fern growing. As a boundary I consider great damage has been done. Cross-examined by Mr. Wilson: I do not remember haring seen fires on this country a few weeks before this fire occurred.

David Loughar, sworn stated: I was formerly a partner of defendant’s. I remember Major Westrup telling me when I met him on the run to bum flax when I could, but to bum fern in the proper season, (Autumn or Spring) I know the portion of country burnt. The plaintiff pointed it out to me before burning, telling me that it was going to be burnt and grassed and forced as a boundary. Cross-examined by Mr. Wilson : I had not seen fem on this part of the ran previous to the fire in question. When I was in partners with defendant I only burned on the flats. W. Chamber, makes affirmation, and states: I have been a sheep farmer for some yean. The effect of burning 2000 acres would entail very great loss. I think the damage would be more than £SO. I know Major Westrap’s intentions with regard to this portion and knowing them, I think the damage sustained is fully up to £6O.

I have had ten years experience in fern land. Andrew Reeves, being sworn stated: I have been a sheep farmer for some rears. I know the Ami river. I have not seen the country burned, but if 2000 acres have been burned out of season. I should think that the plaintiffs however, suffer severe loss. lam not in a position to say what amount.

Cross-examined by Mr. Wilson: I think that cattle would be the only means of keeping the young fern down, cattle are fond of young fern. On the application of Mr. Wilson for an adjournment until the arrival of a material witness Mr. Blank, who is absent in Napier, the Court granted an adjournment for a fortnight.