MANAGING A FARM.
NEGLIGENCE ALLEGED. THE THIRD DAY’S EVIDENCE.” Witnesses for the defence in the case of Spence v. Pease, which is at present occupying the attention of the Supreme Court at New Plymouth, were heard at yesterday’s sitting. Defendant’s personal evidence had been concluded on the previous day. Mr. R. H. Quilliam appeared for plaintiff, and Messrs. P. O’Dea and R. D. Welch for defendant. Opinions regarding the breaking-in of virgin country were given by A. McWilliam, Omoana, who said he had sixteen years’ experience. He thought there was a similarity in most of the bush country in Taranaki, and that the same conditions applied to all. It was not a good practice to allow cattle to wander into the bush and then muster them on the clearings. About four years after sowing bush clearings showed signs of second growth and the efforts of the country to revert to its original state, and the whole essence of the combat between nature and the settler was to fence and stock. The property should be thoroughly ring-fenced and subdivided, so as to hold cattle (preferably two-year-olds) in defined places. It was futile to try to keep affairs going well on a farm by mustering the cattle on to the clearings. In regard to noxious weeds, he did not think the spread of foxglove could be stopped, and the presence of this weed on a farm which was clear four years previously could not be taken as an evidence of neglect in the managqjnent of the place.
The trouble with a place like Spence’s was probably in sowing down before the fencing was done. During the war the back country also suffered a great deal through lack of labor. Evidence of a similar character was given by Janies R. Corrigan, who considered fencing was an essential to the proper handling of a bush farm. In reply to Mr. Quilliam he said he did not know that most of the places in Awakino district were just as badly off for fences in proportion to size as Spence’s. Answering a juror, witness said he had had personal experience of working bush farms. John R. Scott, farmer, Pio Tio, reviewed the discussion with Spence when the latter asked him about taking charge of the farm while he was at the war. Spence said he was trying to get a man named Kelly, but if he could not get that man he wanted witness to look after things. He told Spence that he would do what he could. Witness was present at the farm on a further occasion, when he was introduced to Pease, who, it was said, would be acting for Spence, and business transactions were to be referred to him. Spence also gave witness' instructions regarding getting stock ready for the Awakino sale, and fencing, and also the making up of time-sheets to be sent to Pease. When Spence was on final leave he made no mention of the place having gone back during his absence. On his engagement being arrangedxno mention was made of payment, except 'that Spence said he knew witness would do the fair thing. Witness charged Is an hour, with a maximum of eight hours, though he often worked longer than this. The ruling rate became higher later • on, and witness’ sons were offered 15s a day at Marakopa, but he persuaded them not to leave while Spence was away. He had received various instructions about the handling of the cattle, and had carried out theAvork as well as he could.
Examined by Mr. the witness admitted that it was quite a common thing to find properties in the district not fenced. He<had expected Pease to visit the farm in 1916, and took a horse to Awakino for him, but he did not go up. A son of the previous witness, Jack Scott, said he was present when his father, Pease and Spence talked over affairs before Spence left. Witness’ father was to take charge, and to render accounts to Pease, who was to be in charge of money matters. From time to time reports were put in, and were correct accounts of the workComparing the place when his father took over in 1915, and when witness left in he thought there was little difference. There were hardly any noxious weeds, and only a little more second growth. It was in a worse state at the present time. Grace C. Scott, wife of J. R. Scott, who was present at the conversation between Scott and Spence, said Spence asked her husband to take charge of th 6 farm in the event of a man named Kelly not being available, and this was agreed to. Her son Joe also worked for Spence, and stayed on five months after his father left, when there was about £l2 in wages owing to him. She wrote for the wages, to which Spence replied that he was glad to have received a sample of her handwriting, and if she wanted the wages could sue for them. .The letter also said that he would be glad to have one of her creatures iiL. the box. The v/ages had not yet been paid. , The court rose at 5.15 p.m., arid the case will be concluded to-day with counsel’s addresses and iHis Honor’s summing up.
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Taranaki Daily News, 8 December 1921, Page 6
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887MANAGING A FARM. Taranaki Daily News, 8 December 1921, Page 6
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