R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1323, 9 March 1883, Page 2

R.M. COURT.

MASTERTON-THUBSDAY, Before H. S, WARDEuBaq., R.M, EwINQTOKy.JIELDINO. ' This was a claim for fs\ alleged to be the amount of-, damage l , caused by the erection by defendant .of a refreshment: booth, without leave, on land in the occupation of plaintiff, • Mr Skipper appoared for the defence. " • ■ ! 'James Ewington deposed—He was the occupier of the Education Reserve opposite the' Hospital'.' Qn the 22nd of January he found that a cricket match, was being played there without his consent, and deie'ndan|i was'preVejatselling fruit, &c, froin a bootlj, a]eq withimt his leave. He had given the cricketers leave to practice in llie; paddock, but not fq play matches. The damage sustained, was the sheep and cows beii]g driven about, fences broken,' the slip-bars' let down, ar|d grijsg deatfoyed.' Mr Qkippop,. iq .. elicited the evidence that, (here, .was vary little grass where the match was being played, and that Mr Fielding had not been guilty of the qtlier annoyances. '. •pjaintiff-His'do« o|a.3ed, lift sh§ep though.! . ,• •<[.'.■ ,;

Mr Skipper -Better summons the dog I Did you order Fielding off? Witness—No | Mrs IWngton already' done ao, ! v '.-: Mrs Ewington deposed to going on to the ground and fi'ndifu a' matoh being played, and Feildiuc present with a booth. She went to him and ; also the cricketers, and asked by whose authority they were there. She afterwards ordered Feildiug 4Mr.SWppejf—])W he g.i] ' Mrs Ewington-No.' 4,8 gave me an insolent answer and told rao jq see some one else, • Mr Skipper—l)id you not know, as a faot, tljat fljepfl'yji [6lje a 'match.that day. . Witness-I was ney«p ipre surprised inmyhfe '7 Mr Skipper—You weresljglitly anfioyed I suppose—a little excited." ' Witness—Of course I was annoyed, { did not so much object «o the, cricketers,

but {'did'object to anyone,coming on to my property to rflajje upey without leave, ; Mr Skipper (after several attempts at the same question)— What damage did Feilding do?;" Whnesi-nTVell I might have made the manoy,mysplf if I had known the match waspMnd'ha'd been there,"'..; Mr you djd hot know the matoh was oh, and' yoii' were not 'there to sell.' "• Witness-No I was not I '■ Mr Skipper—Well. what damage did Feilding do ? fitness—Tl)ere ,was a great deal ol damage done, anr) jiudi 'he, shqep gone ir another direction to what fhoy djd, ] should have been a heavy lpser, Mv Skipbei'—oh j hut the sheep die

not go tho other way,. ; Hiß Worship—How'dp you make up the damage Mrs Ewingtoh ? Witness—l might have made the money myself, IJe migh' &t any rale have apologised... The Court—Well but you oannot olalin £2 because he did pot apologise. Mr Skipper—How much grass was destroyed.'" ; .. , ■ . WHnegs—A great deal; but that'll noth-

ing to do with the question. He had no right there. Mr Skipper—How did they destroy the graW' ; y. ■ .' , .

'tramping; ou.it, -smoking, ane spitting rbond'||ls')jdoth. Mr Skipper field there could hare peen no damage as allowed, and he would submit there was no trespass as no notice had ever been given of the wish of the holders ,of tl|e |anj} t|) flreyent persons gojng' on

His Woptbip could np,t agree wfth Mr Skipper; IJo' such notice was required. Trespass had evidently Ijeen oomtyitted but not of such a serious nature as to demand a heavy penalty. A. P.' Fielding, theiefondant, deposed he went up. to the ground, at the invitation of some of * r His booth was 6xi, and had'no poption of jt.driyen into the ground, coming to him in a very excitedstate and asking by whose authority he had erected the booth;.: He.told ; her he knewnothme about it, just to satisfy her. There were only' two gentlemen sitting near his booth allthe.day. .

W. : A.. D'Arcy,one of the cricketers who were present on the oocasibn, deposed that he Was in defendant's shop a day or two before; the match, when he (defendantJ asked him if it would he any goo 4 taking some fruit and lemonade up tn the ma'tqh."'-\yit!Jqsß\lqld hijn that no i doub't he would make a shilling or two. ] Gave him. no authority. Beard Mrs Ewington complainin«.on ,lhe;day of the match of the presence of the cricketers on the field, ■ • His Wotehip eaidtbe trespass was clear, though no doubt 1 the defendant went on tlia m'onnd under the imoreßssion that leave had been obtained. He would have 10 inflict a penalty in order to ihow that persons could not go on to another's land, especially to carry on a trade, without breakini! the law. Ho would record a 6ne of Is and cost's, ' . V , ';

How niahy.vessels have been wrecked 'pnfj lives lost in tho futile endeavors to raacn 'tjj'e' Pfpj- y}}ere • the Queenof Ice still sits.V'ftitinitfi be wpn j. f)arj : ; tarn tformin lias'just returned to Copenhagen from St Petersburg, where he has been on ahofficial. mission' to. arrange foraSeareliandßelief;Expe.aitiQh.ifor the Danish steamer Dieitipnah and, the Dutch steamer Yarna, icßrbound (and in all; probability crushed in the ice);: on ! the? Siberian , Coast,; The; expeditionwill -probably :.conaidfc \d£-.ifiifteeii>' sledges,'', and ilwillpbe' 'accompMedby' a 'iDaneJ' Mi Laresh,' who took a leading part in the Jeanette Search Expediton^'