WARDENS COURT.

Tuapeka Times, Volume V, Issue 256, 26 December 1872, Page 8

WARDENS COURT.

"(Before Vincent Pyke, Esq., Warden.) * • . Wednesday, Dec. 18. m j&die v. The Manuka Sill Gold Co., Registered. This was an application to cancel certificate for head race. • Adjourned till the Bth January, 1873,* costs of the day to be costs of the cause. Dam.— James Mooney and Thomas*! Riddle, Wetherstones. — Granted. - l|xtiende*d Claima-^H. F. Holmes, Beaumont^— Granted. JProfcepfcion,— Janies Harris, Law-rej^ce..—-^ranted.

Agricultural Leases, —r Michael O'Ryan, section' 10, block I, Tuapeka east ; Maurice Spillane, aud Patrick White, section 9, block I, Tuapeka east. Both applications were objected to by Flynn and others, and were refused. Friday, Dec. 20. (Before Vincent Pyke, Esq., Warden). Farrel v. Rip Sf Tear Go. This was a complaint for running tailings against and upon a residence area of plaintiff's, ttsed as -a -garden. -Mr. Copland 1 for plaintiff. Mr. Mouat for defendant j Plaintiff swore that a spa'd^of 60 x- 8 had been covered* by tailings through defendants workings,* and that the soil, fruit trees and vegetables had been carried away. He called two other witnesses, who supported his state- j ments. Upon cross-examination, they admitted that they were the owners of gardens situated in a position where they were likely to be invaded by tailings.

Mr. Mouat said that the only conclusion he could suggest was .that plaintiffs witnesses were speaking from faith and not from knowledge, as the witnesses for the defendants could swear exactly the reverse, and invited his Worship to view the ground.

The Warden said that it was his intention to do so after hearing evidence. He held that if a Warden viewed the ground before hearing all the evidence, he of necessity was making himself a witness in the cause, therefore, he never did so, nor would he do so. He would view the ground after taking evidence, not so much to satisfy his mind as to the conflicting statements which had been m%de, as to enable him to better understand the evidence.

Mr. Mouat and Mr. Copland intim. ated their concurrence.

Defendant Hall was then placed in the box, and after he had given his evidence, the Warden intimated his intention of visiting the ground on Tuesday.