R.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1152, 15 August 1882, Page 2

R.M. COURT.

: jSB. ,v. Ewinston:-.o]Bim for damage done by his garden. Mr Bunny fnr plaintiff,'Mr Beard for de- •■ '•-~-;~^....; u ,.' Plaintiff stated[the goaVa" bad cot in »J 7 •his garden, and destroyed a large numbir* of trees and-Bhruba. ,;Was' sure.the damage was not done.by horses.,. Saw the goats eat the .prize. r,?,8.e8.r The name of'the' pinuß;waß'Bomething,like" , Mobsoouße' , ' : or t lobelia. -Be /gave .% Sliver Wattle; and Poplar had damage was done laßt month, - It oeoamo unbearable. Thought they might have eaten the brewery next. Had told Sir Ewinstori ; four;6r five months ago. that:he( should(take proceedings if he did not keep- ■; thef'goatsv 's^home,;;jHad. not"" bee'n'' "afraid v to •■•'bring-- 'the aotwn jnto Court for fear of intimidation. %"dnolllfeeling a^aiostvMif-Ewin'gton, Had had some disagreement.'with' Mrs Etfington. If; she had: kept. her. <awa£:;he would not bve.i brought the. presentaotiim ' ' v/ ; "' ; '' •

:!)W..E, dross; deposed. )ie: was btely in: the employ .of plaintiff, bub had'-ief tonMonday:..; He .proved : \that ; trees and Bhrnbß' in 1 Mr Smith's ground had 'been destroyed by Mr Uwington'a goati.i He had; seen, the goats there ; many, times. They reared upion/ their .hind;: legato reaoh the branches. 'i'-"7arw;.T.-^,-.-

Cross-examined ;He ! first saw. the goats about Christmas .time; and.had seen them constantly since. The paddock was used ; 'to tumthe''horse^n'o-in-.the;daytime. Had seen about tw. 1 ..arses in about'! four ago. The,h rses never eat the Wie'sr 'flad'se'en'fiwirigtDflJi cows :m,Mi Smith's paddock several titneß. The trees were eaten by the'e'oat's •and'nbfr by ■the horses; '■'"• il: "-" '''■ : ' '■■"■■■■■ --.-::■•. k; ;

W. _ JF,. .JtaOardle,. • a ; : nurseryman, deposed lie hadexaminea the treeß'arbund property, at .his. request that morning.' He found'theinmu'oh kna'okod 5 ".'ftboa.tr.;?Thorosesweregrowing all tight now,' The pines and toonl'd, probably,.die.vSaw,no bluegums'atall. : Mi Smith pointed out' where'he. said; they' had been. The poplars' were brqliendown, as alsd' tne silver'wattles. : ',He l gaye evidence,as to tlje. value of the various Itre'es jind the cost, of replanting' them.. Witness added that if .the'property had been his, the first thing vhe would';have 'done.would be to root up the bhiegum trees.-. , •,> "; v ~ y * ,v. '■'■'■" ToMr Beard i Thgre was a horse loose on the property when he visited it, which" could get at.lhem.\ Sometimes bones oat treeß, ji« ( ' ■' j ;.' .':; ;" v;

Mr Bunny;SouVetiraea they don't. l ' ' Mr Beard; That is when they are trained. . (A laugh); Witness continued, blue';gums;«nd wattles are usually planted oijt for forest plantations, ... --..... J.... ~ fy V. Smith re-qalled, said'he planted ireesrat, three 'dfeeqt times, and 'the goats destroyed the Brat two lots! To Mr Beard |i The-property ]b a Borough leasehold with eighteen years to I run, withan implied right of renewal,. J Charles Lennox,'a gardener residing in -1 Master't'on, deposed that'he had'visited' the property, and gave similar' evidence, lb that of Mr McCardle, ; ; He considered that'the total damage done 1 was equal to £250r£30. : :. ; " .

■Mr Beard: .lathe witness a commission agent and' valuator as' wellas a gardener ? Witness (to Mr Beard); Ihe.ooßM replanting: with ; young, trees would be about ■£&.' Xpound of'bine gum seeds would cost four .shillings.. ■■''"■'. Mr' Beard; How m'any. : trees -would a pound of seed turn out? •'.' v.-,... 'v • Witness: T cannot say;'l have never counted .the seeds., (A laugh.) .' Mr'BeardYWould there be ajhubdrad trees from the pound? _ .Witness: More likely ten thousand " ' r ' (LkftSirriNfi.);