DISTRICT COURT.

Wairarapa Daily Times, Volume XI, Issue 3632, 7 October 1890, Page 2

DISTRICT COURT.

MASTERTON-TUESDAY. (Before His Honor District Judge Jioblnson.) A. MARTIN V, 11, WELCH, Tin's was n caso in which the plaintiff claimed the sum of UO for damages sustained to sheep through phosphorised oats being distributed by defendant on plaintiff's property. The defonoo was that poisoned grain was not laid on plaintifi's property, and what giain was lajd was under the direction of the Sheep Department, A jury of four, of whom Mr A Malthews was ohoson foreman, was empanelled, Mr Pownall appeared for the plaintiff and Mr Bunny for defendant, Mr Bunny applied to the Court that cists ot adjournment lie left in abeyant, as the caso would without (iouLt have been adjourned on the motion of the Court in consequence of the length of tho case, James v, Chalmers.

Mr Pownall contended that there was no reason for tho revoking of tho former decision ot the Court. The application for adjournment was made before tho ease James v Chalmers was heard. Ho would ask that Hjs Honor make a rule that costs be paid before tho case is proceeded with,

His Honor said lio would not disturb liis former ruling. He could not, however, order that the costs be paid before the case proceeded. Mr Pownall briefly staled his case, and remarked that'ho thought it would not occupy the Court more than a few hours.' Albert Martin, settler, residing at Opaki, deposed that he was owner of sections 12 and IC, Opaki Block. He was the owner of Hid sections where the poison complained of was. lajd.. Ho remembered on the i2lat of Juno a number of his sheep being poisoned, He sent his boy out to muster tbo sheep on that particular day.- He had not mustered previously for two or three weeks. The boy had been gone about a quarter of an ■ hour when ho saw Mr Blatchford, a f neighbour of his, coming across tho plain. He said the sheep were poisoned. In consequence of this he went out with his son and saw the sheep lying about the river bed,, Counted, thirty-foqr s.heo'p, all of.which were (load. Those remaining alive were driven inlo the paddocks, aud sixteen died subsequently-in the fenced land. He saw oafs'lying about in all directions, and presumed they were poisoned. Of courso he did not test them, He opened some of the sheep which he had got inside, and their intestines were full of oats. He knew of nothing else which would cause their death. They wero not drowned by the river. The grain was laid on a portion of his land and on the river bed. He discovered this fact on the c|ay on whiol) he found .tbejlieep.. " | • (14 Sitting-)