YESTERDAY.

Thames Star, Volume VIII, Issue 2853, 6 April 1878, Page 2

YESTERDAY.

(Before W. 'faSmi'l Esq-fIM.)

PAYNE V. GUBB.

On returning from the scene of the accident His Worship said that one party said the accident took place 230 feet to the other side of the small bridge on the Xerikeri road, and the other that it was. some distance to this side, If they were in such a state of excitement at the time of the accident as not to be able to tell where it took .place, their evidence as to the circumstances would'not be worth much. He asked Messrs Macdonald and Brassey .for a list of their witnesses, and said he would call them one by one to examine them only on that point. Theodore Lawlor, sworn, deposed—The accident took place 150 yards this side of the bridge. . . James Walton, sworn, deposed—* The accident took place 100 yards to the Keri* keri side of the small arch.

H. Mears, sworn, deposed—The accident took place some little distance beyond the small bridge or culvert. Alex. Aitken, sworn, deposed—l know tli ebridge beyond the pohutokawa trees. The accident took place 230 feet on this side of the bridge. I could point out where it took place if I was on the ground. . John Bull, sworn, deposed—l know where the accident took place. It was about 100 yards this side of the bridge. John Leydon, sworn, deposed—l was present at the time of the accident. I cannot be sure of where the accident took place in respect to the bridge, but I think I could point it out. ' Sub-Inspector Bullen, sworn, deposed— I cannot be sure of where the accident took place in regard to the bridge, but I could tell if I was there. I believe the marks of the wounded horse are on the side of the road now.

William Adcock, sworn, deposed—l was present at the time of the accident. I think the accident took place the other side of the bridge.

Thomas Manning, junr., sworn, deposed—The aeeident took place the other 'side of the little bridge. William Burton, sworn, deposed—The. accident took place beyond the small bridge. His Worship drew the counsel's attention to the conflicting nature of the evidence.

Mr Brassey said his client simply brought the action as a caution to express drivers.

His Worship: Do you really mean it ? Mr Brassey: I do. His Worship: Will you be satisfied to take Is damages? Mr Brassey: I will. His Worship said that as Messrs Ailken and Bullen thought they could point out where the accident took place lie would ask them to drive out, and if they both agreed as to the spot his decision would be governed accordingly. He would give his decision to morrow morning. Court adjourned.