R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3143, 2 March 1889, Page 2

R.M. COURT.

MAdTERTON-FEIDAY.

JOHS FABIAN V. PETER OBAV. : . For tho - defence,; several Maori witnesses wore called to prove that for days they hadnot been provided wjth food, and had for a time to subsist on cabbage trees, eels,- and .wild honey. Getting tired of this primitive food, they had agreed. together to sell five bags of grass seed to procure a variation of the. diet. .They sold five bags to Messrs Lowes and lorus, aud, with the exception of 18s spent in flour and meat, the Natives divided the money;amongst them. In cross-examination, ii was elicited that it was the intention of the witnesses to keep back half the grass seed,\nd send it for sale to Carterton, This the prompt action of the plaintiff prevented thein from doing as he seized the bags when loaded on the trucks' at Kopuaranga Station, and had them sent on to Greytown. In giving judgmbnt, His Worship said although the defendant's conduct had- been- highly reprehensible, he would „not hold, it as criminal "Mr Fabian had been Btriotly within the law-in taking the present proceedings. It was not surprising to find the natives had sold the five bags of grass.seed to obtain food, and he had- no' doubt that it. was their original intention when realising on them though the evidence, showed they did noHltinmtely do so. Gray was wrong to make arrangements with tbo natives: to dispose!of his share of,the grass seed without the consent of Fabian, he would not convict him of the'charge although he had been guilty of wrong doing. It was only fair and right, however, that he should pay the costs of the 'prosecution; and in dismissing him he should order the expenses, of the witnesses and the solicitor of the proseoution to be paid by him, subject, however, toauy point that Mr Skjppermiglit raise in objection,

The case of Ed. H. Beecham v Thomas Lyons was allowed to stand over by consent of both sides until Tuesday noxt. WRONGFULDISMISSAL. , Mesuch v, Cade, claim £15155. Mr Skipper for plaintiff, Mr Pownall for defendaut. The evidence of plaintiff was taken, and. tho case adjourned till Tuesday, March sth.