R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2870, 11 April 1888, Page 3

R.M. COURT.

CARTERTON-TUESDAY. (Before S. von Stunner R.M., and iugessrs B. Boys, W. Booth, R FairMother, and J. Bayliss, J.P.) CIVIL CASES, A. McKenzie v 0. Blomqvist. Claim £8 10s, No appearance of defendant. Judgment for plaintiff for amount and costs 13s. Same v Jas, Sunnex, Claim £8 18s fid. Judgment for the amount and costs Bs. Payment to be by instalments of £1 per month, A BUSH FIRE CLAIM. R. J. Kells vJ. Udy senr. Mr Bunny for plaintiff, Mr Edwards for defendant. Claim 180 for damages through defendant setting fire to some bush, and allowing the fire to spread . to the plaintiff's property. Mr Bunny, in opening the case, referred to several cases bearing on the matter to show that his client was fully entitled to recover. Plaintiff being sworn,deposed:--I am a dairyman residing at Waihakeke. I saw the son and brother-in-law of defendant lighting fires on the defenbetween the 13th and 16th March nit, Tho wind at the time was blowing a heavy gale from the N.W. The loss consisted of hay and sheds which were totally destroyed, and also all the winter feed which I had preserved for the cattle. To Mr Edwards: I saw the fire on the 16th March between half past 2 and 3 o'clock p.m., making towards Mr Stevens' before it readied my property. I remember Mr Udy's son coming and telling me about the fire. He told me to look out, but I had to go and look after my cows, for I had had several cows killed by falling trees. To Mr Bunny: I saw no fire on *if Stevens' land at half-past ten o'clock a.m. I knew there had been a fire on Mr Drake's property, but it had been out ten days previous to the fire.now complained of. James Meyrick deposed; I am the ownffigf the property occupied by the plain© (Kells). A good part of the timber on the property has been down some years and is very dry. The prevailing wind is from the N.W., and at the time of the fire it was blowing a regular gale. I have spoken to Mr Udy since the fire and told him that lie ought to give some timber to replace the barn which had been destroyed through the fires lighted by his sons, but he 'denied that it was his fire which had done the mischief.

James Pepperell, a sawmill hand working for Mr Stevens, deposed: I saw the defendant's son, James, light a stump alongside Mr Stevens' trainway on or about 13th March, and the wind was blowing a gale from the N.W. at the time, The fire which I lighted was some ten days before, and was soon put out again, James Hodder deposed: I have seen fires on Mr Udy's property for some time past, and about the time stated by the complainant. To Mr Edwards: The fire originated at % stable of Mr J, Udy, jun. MwM. A. Kells, wife of complainant, corroborated the evidence of her husband. W. H. Wilton, Eobt. Goodin, James Stevens, and Chas, Morgan deposed to seeing the fire on the property on lGth March.

For the defence, James Udy, son ol defendant, deposed: The fire came through from Drake's and Stevens' and caused the fire on ray father's property. I saw the fire on the morning of the 16th March at the corner ol

Stevens' property, which spread anc caused the damage to Mr Kells' pro perty. I weut to Kells about threi

o'clock and told him that the fire wai

coming through the bush from Stevens' but he only laughed at me. He was having his tea and would not como out.

James Ingley deposed that he saw the fire proceeding from Stevens' to Udy's and right in the direction of KeUs'« Bunny: I saw the fire as I was going to fetch my children from school, as it was dangerous for them to come along the road by themselves on account of trees failing. William Hoisted deposed that on the day of the fire he was working at Koltatau. He could not get along the road to go home at 6 p.m. for the fire, so he had to leave his horse at Mr Kells', and go across the paddocks, James Udy stated that he thought Kells might have saved some of his things, but he (Kells) said that he would not try, for if they were burned, he would make Udy, senr,, and Stevens pay for them. W. Cadwallader deposed to seeing a fire on Steveris' property, when the wind was blowing-from the west, and which would bring the fire right on to Udy's and Kells'. George Bean corroborated the evitej£ the last witness, J, ujty, junr. stated that he had seen fires burning on Stevens' land, for a month previous to the 16th March, and on that date he saw a fire in Stevens', when he went to catch his horse.

Josiah Udy, corroborated the prcvi ous evidence.

Jo the, Court—l saw the fence on

fire about 12 o'clock. I believe it originated from Steven's fire. j Thomas Moore, storekeeper, said ■ from appearances, as far as he could ' judge upon inspecting the property, | the firo would be likely to como from ! the direction of Steven's property. i J. Udy, senr. deposed; I was at home on the day of the fire. The j wind was blowing from tho west. If j the wind had been blowing from the direction stated by the complainant, the dry dead timber which is now lying on the ground, must have been burned. His Worship reserved judgment till next sitting, to enable him to visit the scene of the fire. THE ABSENTEE PROPERTY CASE. Thomas Bennett v.T. H. Blackwell and J. P. Petersen. -Larceny of certain hinges, bolts, etc, belonging to a gate, damages 15s. Mr Skipper for complainant, Mr Beard for defendants. Thos. Bennett deposed: On the 28th March, from information received, I proceeded to suction No. 17, and found the gate torn from its binges, and the hinges and bolts taken away. The case was dismissed without costs, His Worship remarking that lie hoped each party would remain neutral till, the 80th April, at which time the matter would be settled by a higher Court. ASSAULT. H. Burgess v W. Hopp and bis wife Margaret Hopp. Mr Beard for plaintiff, Mr Pownall for defendants. The case arose through fowls trespassing. The plaintiff deposed that the fowls belonging to the defendants destroyed his potatoes, and when lis spoke about it, they assaulted him by striking birn and pulling bis whiskers.

To Mr Pownall:—When the assault took place I was walking through my potatoe ground in company with Messrs Goodin and Thompson. Ellis Goodin corroborated the evidence given by the plaintiff. John Thompson and Henry Burgess, jun., also corroborated the previous statements.

The defendants pleaded that they were provoked to commit the offence ihrough the plaintiff killing their fowls.

Constable Darby deposed that the defendants complained to him about the plaintiff firing off his gun in the direction of their house, and he went and remonstrated with the plaintiff about it, He pointed out the risk he ran of shooting the defendants' children.

The parties were bound over to keep the peace in their own recognisance of £5 each and to pay the costs in connection with the case.