WARDEN'S COURT, LAWRENCE.

Tuapeka Times, Volume VI, Issue 303, 12 November 1873, Page 3

WARDEN'S COURT, LAWRENCE.

Saturday, Bth November. (Beforo E. 11. Carew, Esq.. Warden.) Taylor v. Morrison <L- Co, and Clayton <LCo. — This ense was resumed to-day. Mr. Copland appeared for plaintiff; Mr. M'Coy for defendant. His Worship suggested that an amicable settlement should be made. After consultation between counsel and their respective clients, Mr. Copland said that the parties to the suit could not come to an agreement. Consequently tlio case was resumed. Alexander Matthews, who refused to kiss the book, but merely held it in his hand, deposed as follows : — I know the plaintiff. I sold to her late husband the present residence area, wliicli I took up in 1862. Access was made to the residence area through the gully, which was fit for travelling at tho time referred to. I could not take a dray up to the fence of the residence area now ; and I could not on foot go to it without encountering water, unless by taking the side of the hill. There was no made road when I sold it. The natural bed of the creek was the approach to the area. The creek bed was about two chains from the fence. I saw the area last about three hours ago. The water is now from one side of the gully to the other, and it is wearing up the garden. Tho breadth of tho water is now about 4or 5 chains. In summer time you could step across the channel, in winter you could hardly leap across. It was about 3 foot wide in Bummer, and 6or 7 feet wi ?e in winter. It is a khrtlof lagoon of muddy water now. The accumulation of tailings is the only obstacle I can see which could cause tho spreadiug of the water. Don't know that the tailings have bt>en placed there by the defendants. The tailings, as a whole, must have been tho accumulation of years. In 1885 I could got up to the area. Until the last twelve months, I could get up tho private road made by the residents, Mr. Taylor among the number. Cross-examined. — I think Mr. Taylor's house was put up 2 or 3 years after I sold the area to him. When Taylor put up the house, a dray could go up to the residence area. lam not prepared to prove that it went close to the fence. Ann Taylor, the plaintiff, was sworn, and deposed to her residence on the area since March, 1867, and to the floo.ling of tho residence area, being caused by defendant blocking up the creek with tailings coming from defendants' workings. Whon tho injunction was issued On a former occasion, Clayton constructed a bank, and kept the channel clear. This channel caused the lagoon of water to go down, leaving a roadway to my residence area. When Morrison's claim was idle, the water was allowed to go away. I got five dray loads of "wood *p to my residence area in IS7S, and to the bent of my knowledge it was in Maivh, 1873. I had to pay £i ■ ss. for my load of firewood ; whereas, six months ago, I could have got a similar load for 30s. I have now to go through Mr. Bloxham's residence area to reach my house. Thero is not much damage done if defendant take away the wat rat once ; but if the water is left to remain there, it will destroy the ground and the • f raft trees, and prove dangerous to my house. Cross-examined. — I remember the 18th October. Thsre was damage done up to that ! day to the fence and drain. Tho drain was stoppocl, anS the apple trees, some bushes, and the broom fence were injured. The man who Mclied me a load of coal would not fitch it to me for less than the sum stated, namely, £2 ss. No inOrc evidente was called, and tho further hearing of 'this case was adjourned to- 11 a.m. tiiis dayit

TheEeV. S. Maefarkne, of the TJnitecl Methodist Free Church, hen left London for New Zealand, to take the oversight cf „the jpissipna of that Church in this colony. .