RESIDENT MAGISTRATE'S COURT THIS DAY.

Thames Star, Volume xv, Issue 4744, 21 March 1884, Page 2

RESIDENT MAGISTRATE'S COURT THIS DAY.

(Before H. Kenrick, Esq., E.M.) CIVIL SIDE. I Jdjouened Case. Taipari and others v. Rickits and others. ', —This was a case adjourned from last Court day, in order to obtain evidence as to the position of a road in the Karaka Creek which the defendants were accused of removing gravel from. Mr Hollis gave evidence in favor of defendants, to the effect that they were authorised by the County Council to widen the Karaka road. The esse was further adjourned for 14 days, to enable defendants to prove that the road in question had been proclaimed. Judgment foe Plaintiffs. Miller v. Hardman.-—Claim, £5 3s 6d, claim for the balance of promissory note given for costs. The defendant admitted owing £4 8s 6d, but said he was unable to pay the amount. Judgment was given for £4 8s 6d, and costs lis. Veale r. Healey.—Claim, £49 7s 9d, for goods sold. Judgment was given for the amount, and costs 265. Same v. Ngatara.—Claim, £4 Is 6d, for goods. for amount and costs 7s. Macky v. Frazer.—Claim, £26 2s. Judgment for amount claimed which was paid into Court, and costs 325. Martin v. Jaraieson.—Claim, 13s 6d, goods suppli d ; judgment for amount and costs.

J. Marshall v. E. Onyon.—Claim, £9 9d, goods supplied.. Mr T. Kitching proved the debt, and judgment was entered for the plaintiff with costs.

Defended Cases. The Hikutaia Timber Dispute. H. THOMBON V. BIECH AND OTHEBS. When this case was called on, Mr E. Hesketh asked for an adjournment for half an hour, to allow the contending parties to try and settle the matter amicably.—His Worship therefore adjourned the Court till 12 o'clock. On resuming, Mr Button said they had not been able to arrive at a settlement, and the case was therefore proceeded with.

Walter Birch, James Fletcher, John West, G. McClare, C. Clayborough, T. Hopkins, and George Johnson were charged with, on the sth March inst,, illegally and forcibly entering defendant's whare at Hikutaia, ejecting him and his mates, and demolishing the whare. Messrs Lush and S. Hesketh appeared for the plaintiff, and Messrs J. A. Miller and Button for the deferifltntv » I Mr Hesketh briefly circutnstanees of the case, and oaUfflf 1.-, W. F. Gibb, who deposed that he had bian in Mr Blair's employ since November last. Acting under instructions from Mr Pagan, bush contractor, he and others put up a house at Hikutaia, on the bank of the Waipakiki Cr. ek. It took them about three m<3ks-fo build, and he and \ Blair's other men then occupied it for six weeks, after which witn ss left it till February 24th, when be again occupied the whare for 10 days. Birch, among others, lived in the wbare during the 10 days mentioned. H. Thomson had charge, but on February 22nd Fagan told witness be could have the wbare, and therefore applied for a residence site. Could hardly say on what terms the defendants o cupied the wbare, but as far as he knew they were boarding there. On the aftccoon of February 29fch, Birch, Fletcher, Hopkins, West, Clayborough, ilogan, and Johnson, took away their tools, and they had in consequence to stop work.

Mr Button here objected to this evU dence, a3 it did not concern the case.

On the sth of March, after, breakfast, he was lying in the whare reading. Birch, Fletcher, and others of the defendants were outside having games. Witness shortly afterwards went out, leaving Thpmsou in charge. All the defendants except Birch and Clayborough coon went into the whare, and Birch told them to shut the door, and "hold it against d—nation." Witness' brother then took an axe or a maul and struck the door. Alley then took tlie maul and witness' brothei- the axe, and both hit the door, Fletcher calling out not |to come in or he "would shoot. Birch told them to desist, and Clayborough put the axe and maul away, but witness' brother took the axe again t.nd struck the door four times. Fletcher again called out, 'VDon't come in, Andy, or I'll shoot you," and immediately afterwards witness heard the report of a pistol or a revolver. Alley and Andrew obtained two gum spears, and witness' brother pushed his spear through the crack of the door, and knocked the nails out of the door, and witness' brother and Alley went in together, followed by witness. West seized Ms brother, and Alley was taken hold of by Fletcher. Thomson was there. Birch, who was outside, told Alley to look out that he wasn't shot, and told the Union men to roll up their swags and take them outside. He then ordered that the whare be chopped down, and the men commenced to chop the whare all round. ■ Birch was going in and out, telling them to chop it. down, as they might as well get two years for a sheep as a lamb. Theue were seven Union Co.'s men and four of witness' party, and the four remained ir side the whare while it was being cut down. The defendants also pulled down the storeroom. When they finished they took their swags away. Witness then tjld Birch that he (Birch) had given up possession of the ground, and the latiar replied thf.t he knew he had.

The Court adjourned for lunch, and resumed at two o'clock. The witness Gibbs was cross-examined by Mr Button, and stated he was employed to be" d the* wia^e by Jfagaa in

August last; left it about the 22nd of December, and went buck about the 24th February, during which time the clothes and fjots of witness were left in the whare. On tbe 22nd February, Fagan gave witness the whare. y At*thafc data Fletcher, Birch, Thompson, and Hogan were living in it. Did not t^ke actual possession of the whare, but their tools and clothe 3 were left there, as it was their home. Fagan gave witness use of the whare. Was sub-contracting under Fagan, but none of Fagan's employ&i except Thompson, were living in the whare at the time of the offence. Mr E:sid, who was Mr Blair's bush manager, also occupied the whare. Witness and his men paid Fagan for their board and lived in the whare. Had a snb-cont-act from Fagan to cat timber for Blair.

James Reid, bush manager for Mr Blair, sworn, stated —Had been living in the whare cut down for about three months. Thompson had charge of it, and three of Birch's men were there on Feb. 22nd. When witness got to the wbare on the sth of March, the whare had been chouped down; had some conversation With Birch, who said they had cut it down; if they had not done that they could not commence law—one' of the •ampanies bad to commence it, and , somebody had to pay for it. , Andrew Gibb gave evidence corroborative of bis brother's statement. He was in the employ of the Union Sash and Door Company immediately before going to the whare at Hikutaia; he and Queenin went over together, and Fagan ' ordered them away on Feb. 29th, because they were the Onion Co.'s men. Queenin went, but he stayed, and went with his brother.

John Alley was also examined to similar effect.

[L?ft sitting.]