DISTRICT COURT.

Wairarapa Daily Times, Volume IX, Issue 2555, 23 March 1887, Page 2

DISTRICT COURT.

MASTERTON-WBDNESPAY. '■ : Before' His Honor J'iliiGE !Davy. BANKRUPTCY BUSINESS, ' ..Thomas T% George.Htory Haughto'n, Jacob Bamber, DeadttatitJoneSj and ; Alexander -llfoHfe' Sirsol(bflrg- failedto-put in.an. appear* ance for pubJio exanjiiiation,;, 'Barat Awi.MoLennan and A.; P, Fielding' came lip; for ; pttpllo: and:, were ordered, to t apply ..for. their discharge at. the text sitting of the Court.' Henry; AVagstaff, of Pahiataa, ex* stated, that he had obtained' £25 from Mi 1 A, A, BroWn'; of Wanganiii, in May.last, tho araount'appearingin the .schedule. Did not offer any security or intimate to him tbat he (debtor) had property in' England; ' an hotel keeper'in- Derbyshire, England;. but : flid not show any plans on that, ih'oteland obtain money on that «riSount. He had .shown plans of property in Pahiatua; The money he obtained from Mr Brown was for 1 the purchase of an engine for a saw mill. Did not show any plana of an English property

eto Mr Biudon ofWanganui. The only . v plans bo showed waß of the Pahiatua r property., <.. s . .In answer to His Honor the debtor [, said he had an hotel in England, but t when it was sold there , was only suffi- . I- cient to pay. the mortgage. He had no. property settled, on himself or his • a wifa' : V s • The Deputy .OlEbial Assignee stated J that; at p the,.instigation',o£;. .tbe ; .^Wangftnui'. 8. creditors) pd-asked : order'b^> -j made. fol<- all. letters to the* l ' l t debtor be delivered ito /the. Official ' B Asßigne&.'J i - -The bankruptcy was declared dosed,' e and the debtor order to wme .up-.for • his discharge at next sitting 'of the '/ x 1 Court. J t -The Court,then adjourned for h*lf . i an hour,, as -the parties in the case' 8 James.v Hughes.were not present, and t appearance...'"' ) . IMPOBTANT SUBH FIEK CLAIM. On the Court resuming, the following , case ,waa called on :-r----•T. Jarnes v. Edward-Hughes, claim, i for'£2oo, Bat Pahiatua. \'i . ■ ) "Mr Beard appeared "£Or plaintiff /and Mr Hutchsn for defendant. The folS lowing jury were empanelled: Messrs , E, B. Kibblewhite (foreman), Robert J Allen, Edward Jones, and.John Blatch' i ford. - ' * )■ Mr; Board 'in:'-tipening the "case, t alluded to the feet that defendant admitted .having lighted* the fire, but 1. that be was acting on .behalf of a third I party, and intimated'.tliat he would briiig evidence to prove that plaintiff. ' was entitled to the full amount claimed ) through defendant's negligence. Thomas J;-James, plaintiff, deposed 1 that he owned a property in Pahiatua ) of. about 153 acres, on which was erected a four-roomed house, a tworoomed whare, cow shed, fowl house, i, and other outbuildings. .On Feb. 3rd, i defendant told him that he intended to' r puta match into Bennett's bush, adjoini. ing plaintiffs land.'A plan was produced showing .the position of-,the' various i properties. Plaintiff told him that it- ' was a rough day, and the wind would i carry the (ire on to his; buildings, and ' he would.rather defendant .would wait till a more favorable wind. Defendant said another wind would endanger Whitcombe'a and Singleton's property. Willie McCardle said that plaintiff had better sit on the hill with a pail of water and watch the fire. He told ' defendant that he did not want his L house burned down, .and, might hare remarked that he did not think the fire would touch " 'iL. :Aboi\t twenty minutea after. defendant left he saw the fire from Bennett's bush. Previous to defendant leaving, plaintiff asked how be would know if the fire was alight, to which defendant replied,' " you will find out soon' enough." Plaintiff ' explained the -afitioEi -he 'took to protect his,.housovaud .Sheds. Oa the ■ following : day' af'' Mr * Hall's house,; Mrs, Avery- said to /defendant " What do you mean by trying to burn Mr James' house down !" and h» replied, 'il don't, think I Bave .'onlj tried, but. have succeeded," Plaintiff euteretl into a long description;' of the direction'of -thai prevailing windß of Pahiatua, - which ;«aS caused by. thft cotiformfttiQn'. of itbe •' country,,. and that the ■ wind wputd. be. bl6w/ ing iitdifferent in the town, ship and at the Tirauinea, whera his property wa'S enumWr* ated the' different' which amounted • and to £133 was put in as o-viderico, snf sworn to by plaintiff. : j • ByMrHutohon;PreviDUßto'defendi:ant lighting the there was ho fire within three chains of'my ho|ise, Hid not tell defendant I' wanted my fence line cleared., -,Was extremely anxious to save my goods after the place caught. Defendant and/.McCardle assisted me materially to save the goods. 'I told them to desist from savins; the goods a» I thought there was danger of them c being burned, as the jElames were; beat-' - V, ing down from the ro6£ A shed near, . ; containing bay, that As. exposed was not burned. ; : ■

(Left Sitting.)- • { \