R.M.'s COURT—GISBORNE.

Poverty Bay Standard, Volume II, Issue 121, 13 January 1874, Page 2

R.M.'s COURT—GISB ORNE.

Monday, January 12. 1873. [Before W. K. Nesbitt, Esq., R.M.] Scott was brought up on remand for violentlv assaulting Peter M‘Hale. The evidence possessed no particular item of public interest beyond being conclusive against the prisoner and the Bench committed him for trial at the ensuing sittings of the District Court at Napier. The following additional evidence was given in the long pending action, Johnson and Westrup against Alfred Weston. Damages £5O. Charles Westrup, sworn states : I have been on the land burned off by defendant, and consider that it will be perfectly useless for at least three years, which would depreciate

its value very much in the case of our wishing to sell. I would ra'her have given £l5O than have had the land burned.

lor the defence the following witnesses were called. Alfred Weston sworn states: 1 am defendant in this action. I received authority from .Major Westrup to burn off. He told me he would supply me with matches to do so. 1 tried in one place and could not succeed. Major Westrup told me not to burn the flax until ready for burning. I have lit more than 20 fires on the run, and have never been told to desist from doing so. The country I burned is very rou<rh. By Mr. Cuff: Major Westrup told me in February last to light fires on tlie run where I liked. He did not mention any particular spot on the Arai run. I understood him to mean the whole of the cattle run. Had the wind not changed the fire would have burned very little country. I do not know that February is a proper time to burn off. 1 swear I never knew the proper time to burn off until Kilgour told me in Court. Major M estrup never gave me particular instructions to burn flax only, but he told me not to burn it until there was a favorable wind.

By the Court: XV hen Major Westrup gave me instructions to burn he said “burn off whenever you are out.” He did not mention any particular time or place for burning. William Blank, sworn states : 1 was with Mr. \\ eston when Major Westrup gave him instructions to burn the run. Major Westrup also told me to light fires on the run whenever I was out. He did not state any time or place to burn. I have often lighted* fires both on the hills and flats, and no fault has ever been found with me for so doing. I heard Major Westrup toil Weston not to light fires in the flax until a favorable opport unit v offered. I and Rougher lit fires about a month ago inside the wire fence. By Mr. Cuff: I understood “the run ”to mean the whole of the country occupied by plaintiffs, 1 have brought cattle off the land where this fire occurred. By Mr. Wilson: Major Westrup never pointed out to me any boundary for the cattle. Judgment will be delivered this morning. lhe following cases are also down for hearing. Regina v. Karauria and two others. Regina v. Paufu and Matnira ; and Cooper v. Hikurangi, the defendants in all of which are accused of stealii'tr gruss seed. Regina v. Saunders, charged with receiving 30 bushels of grass seed value £l2, knowing the same to have been stolen, was proceeding at the time we went to press.