Magistrates' Court. (Before Major Keddell, S.M.) Thursday,May 11.

Waimate Daily Advertiser, Issue 51, 13 May 1899, Page 2

Magistrates' Court. (Before Major Keddell, S.M.) Thursday, May 11.

M'Keirow anil "Wilson "\ . .T Johnson, claim JGI Os 6(1. No appeaianee of defendant. Mr Hamilton appeared for plaintiff. Judgment foi amount with 5s costs. Manchester Bios and Cioldsmith v. E. L. Chaffey, claim <£!"> Defendant did not appear. Judgment was given with 21s costs. W. J. Black T. Page, claim £2 fur damage to sti aw stack. Mr H unilton for plaintiff. Mr ('lenient for defendant. Liabihfcv nas denied, but one shilling had been paid into court as nominal damages. Geo. Black, sworn, siid he was son of plaintiff. Keinombered Mr Page coming to Ins father's house. He asked for Mr Black, and on being told lie was not home, asked -witness if he could have a few bundles of straw. Said he did not want much, and witness told him to pull a few bundles, showing him where the stack was. but not to cut it, as they wanted to cart it home. Mi Page cut the stack and left it open. About four loads weie spoilt b\ the wet, value about 10s. a load. To Mr Clement: Defendant said he wanted some stiaw for thatching at Mr Garland's, but did not say how much thatching he had to do. Witness's father never objected to giving a neighbour a bundle or two of stiaw without special permission. The stack was shifted shortly after Mr Page left it. Knew that numbers of stacks were being burnt all over the country . Defendant used to take the bundles of stiaw as he was going home .

h.3 cU it a*, oil turns baWiai ni'i. Us was thr33 diy? at the stack Ti> the Magistrate : Witrnss'-; Utlur novjr saw defendant at tho stick, h » wxs generally away from hoiiu early at tint tun 3 To Mr Clemont: Could s>e fc'i • stvjk from tho house, but did not inteif. 3 , > with Pago. AVlioii witness's father told him to g't no nni'3 straw, 113 stoppjd Tie st.ii'lc cut from would contain ton loads. To Mi Hiiniltoa: J^ust saw Pa,jj cut ting on tho 6th Apnl. Tho st 1 -k wis about -100 yards from the house. When, be first saw the stack being cut, tlioaght it was a mm nam.'d Brown, who had permission to cut the stack. Immod'a^ely aftei saw Ins m^tike, but didn't liko to say anything, after having warned Page about cutting tlie stack. Win J. Black, swoin. said he was first aware thai; the slack w.is cut on the 11th April. Had tu\en no poi.nu-.Mon. Went to the paddock dining lari, and found the slack cut down the middle and lh" rani dm nig m. Went home and a A d who cut the stack, and was lntoim^! b/ his son that ho had told Page to pull a t.nv bundles. Kcser pi evented Ins son giwig neighbours a bundle or two of straw. but. did not want the stack cut down. If defendant had coveted the stack and pic\ehted th 3 lam coming in, no proceedings would have been takjn. C.vis'd mo. I four 01 fixe loads of stiaw had bj jn de stiowd, value about £2. It would co->t about 12s a loid toicplaco. O'Do.ioghuo was at witness's place cutting chaff, Ixit did not cut an\ of Lhe stack ief tired to. To Afr Cleinout : His son snd Page canu for a few bundles for thatching, and he had told him to pull It. Was awaie th.it many t,irmei-> burnt their siraw, but he would not. Had sold straw at 12s a load. Mr Page said witness's son had given permission. Geo. Sullivan, sworn, said be was a f.umer In ing m Wannate. Was shown by Mr Black the stack lef erred to, a few d.i\s after it had been cut. Could not exactly lemember the date. There were two stacks, one built on the other, and the smaller was cut about lulf wav down, all the straw being exposed to tin* wet, and was lendered useless tor chafl. It could have been used for thatching. The straw was worth 12s a load ; theie were four or five loads. To Mr Clement : Haw the stack a few days befoie it was out. Fannou burnt the straw if tlie\ did not want it, but not often if it was good Straw in the stack was woith about Ss a load. Geo Black, recalled, said Mr Pag Q said l he wanted a few loads of straw for thatching it Mr Garland's. This was plaintiff's case. Thos. Pag3, labourer, sworn, said he lived .about half a mile fiom Mr Black s. Went to ask for some straw for thatching. The father was away and witness told the son he wanted at least 150 bundles for thatching. The boy pointed to the stack and told him to take as much as he wanted from the small stack. Thanked him and went away Tins was about tlK> Oth or 6th of April, m the evening. There had been a lot of rain for some days pre\ ions, and he waited for two or tlueo clays before starting on the stack. Was tlvre three paits of days. altogether about a da\ and a half. Tied up 90 bundles with flax, and stacked them. Cut a piece about two feet deep, and would have cut to the bottom and cleared up the stack had ho b^en left. The weather was line at this time and also after he left. 11 p. cened a letter fiom Mr Black threatening him with the police unless he paid £2 as damages. It was a fine morning, and ho went to see Mr Black. Said thme must be a nnsunriorstandinQ as he had permission, but plaintiff said he should only tike three 01 four bundles. Explained that a few bundles were of no use to tluiteh four stacks. Plaintiff said that il he leplaccd tho straw veiy little would be done, but witness said it was impossible. All the straw he took away was one bundle. The stiaw was not stacked, but oulvthiown together. Did not consider he was under any obligation in getting this straw. Could ha\e got some from Mr Patteison, ■who burnt a stack to get it out of the way. To Mr Hamilton : Young Black ne\er mentioned cutting the stack. He merely said he could have it. There were about 70 bundles in a load. Wanted two loads. Mr Black told witness he allowed no one to take a quantity of straw. Had pulled as long as he could. Wm. Gordon, sworn, said the price of straw varied with the seasons. It was moie valuable when stacked. Wm J. Black, recalled, said the straw was properly stacked, it could not hd\ fabeen cut unless. Mr Clement considered that at the worst it was only a misunderstanding as to the amount to be taken, and it wa.s not fair to treat defendant as a trespasser. It was also evident that if Mr Black had not been high-handed in the mattei. it would have be< amicably settled. There

w ,\s an evident intention to swell the rli'i)i; f es against the defendant, the a >Ui< of the straw being quoted at deli\ci cl prices. .Mr Black could have had the damage repaired bv putting on a man ioi ,1 lew hours li he li id wished, m tins c is'j the damage would have been small. Mr Hamilton said the only evidence tint defendi.it had leave was his own. Tne fact that th ; straw wai loquued tor thatching at Garland's, was not uwdcnee as to q lantitv riamtut s son was clear in Ins eudeive as to quantity, that lie told defend mt to p'lll the stiaw, and that defend iut stirted to d ) this was eouobitive ewdoncp The boy was not authonsed io qi\e leave to tike muiu than a handle or ts\o. Page was gnen an oppoiLunity to reoair the stack and by not doing so he took the responsibility. The dut,\ did not lest with plamtiil. The \alue of an aiticle depended upon its position, and Mr Bliek could not lme replaced the straw at less than 12s per load. The magistrate in summing up said he behead a limitation had been made by >oung Jilar-k. He agreed with Mi Hamilton that there was no duty lestnig on the plaintiff to repair, but whether it would !ia\e been policy was anothei matter. The tone of plaintiff's letter was a ery nmnodeitte ; it might h.ue been woidod differently He gave -|ud<>inont for plamti.f toi -fil. w lth costs of com 1 10s, witness' expenses 10s, solicitor's fee os. The remainder of the day was spent in hearing a edse Milsom a. Fleming, evidence in which had been at Duneclm. Tne Magistrate reseived his decision.