DISTRICT COURT.

Wairarapa Daily Times, Volume XI, Issue 3786, 15 April 1891, Page 2

DISTRICT COURT.

MASTERION—WEDNESDAY. 1 (Before His Honor Distriot) Judge Bobinson.) Bankruptcy Business. The applications of David Dixon, Henry James Grawlay, Henry Freeman, Donald George M'Donald, . John L. Thompson, and Alexander Grigg for discharge from bankruptcy* being unopposed, were granted. The bankruptcy of Thor was, on the application of ;MT.. Middle ton, declared closed, and the next sitting of the Court fixed for the application for discharge. The hearing of the remainder of the bankruptcy business was fixed for Friday morning.

The Civil List. John W. Anderson v Aaron Johnston. Mr 'Bunny for > the ' , plaintiff, and Mr Pownall for tho defendant. i A iury consisting of Messss P flourigan, A. Chisholm, L. J. Hooper, : and J. L. Murray was empanelled, Mr fcTooper being chosen foreman. Mr Bunny briefly stated the case , which was a claim for £SO for an%f alleged slander supposed to have been committed at a recent date. The defendant, it was alleged, aocused the plaintiff of having stoled a shovel and a bag of grass seed. The statement for the defenoe admitted the use of certain words stated, but pleaded justification. ; Martin Adamson, laborer, residing at Mauriceville, deposed : I know the plaintiff and defendant. I was work* ing for Johnson at Parkville in tne months of August, September, an j[ October last year. During that tj m I had a conversation about the plaintiff with defendant. Joh nBOn stated Anderson (who was gene ra j] y spoken of as Winter) had been outing and threshing grass seed last Season ' >\ and he had lost a long handled shovel. He said he suspeoted Winter. He mado this statement to me several times. I thought from what he said Johnston charged Winter with taking the shovel. I was asked if Jflttd heard anything about the then said what Johnston had told me. I have had a conversation with Johnston einoo about it. He said he would blame Winter for it, whother he won or lost, until he died. I have been living in Mauriceville all my life and know Winter as an honest man. I have heard nobody previously charge him with dishonesty. I also know Johnston.

By Mr Pownall: As far as I know Johnston and me are friends. I can* not say that I hate him or like him.' gI understood Johnston to say that be suspected Winter becauso ho had previously lost a bag of grass seed. I ' know Jepson and Syverston. I have never to my knowledge expressed a doubt to Syverston whether I would state Winter was honeßt or not. By Mr Bunny: I have had no reason to doubt the honesty of Winter in his transactions with myself. To tho Court: A transaction with Winter ovor grass seed took placo three or four years ago. ,Carl Ludwig Halberg deposed to knowing the plaintiff and defendant. He was working for Johnston in September last, and had a coaver- W satiou with him about Winter. Johnston said t Winter had stolen a sack of grass seed and a bhovel.; Winter was cutting and thrashing grass seed for Johnston! at the' tinio. He understood this to le the provioviP-'wtfDn. Tho conversation on the 24tU

of November. It was all iover Mauriceville that the statement bad been made. He had a conversation with Winter about the matter iii January and mentioned what Johnston had said. He knew Winter to be an honest man. By Mr Pownall: He was working with Johnston at the time tha conversation took place. They were taking about bad characters and Johnston referred to Winter as one. He had heard that winter had cheated his mates out of grass seed, but had no reason to doubt his honesty himself. He was not a bosom friend of Johnston. He had been working for him and left his employ because he was so foulmouthed.

By Mr Bunny: I left Johnston's employ because he was not fit to work with.

James Winter Anderson, plaintiff, deposed.: 1. am a settler at Mauricevilla, where I have resided fifteen or sixteen years. Sometimes I work on my own section and sometimes elsewhere. I know Johnston, and in January; 1890,1 had a contract to cut grass seed for him. I was to get 81b out. of 51b. of the grass seed threshedV ' I completed the contract. Johnston was away at the time. I took mAmart home and Johnston keptiJK The grass seed was .all sold to Heckler afterwards and -was takenin oris load by Ole Isaacson. Johnston asked me to get the weight and money for the grass .seed and take it home to him. I did so. I received a letter afterwards from Johnston demanding payment for another bag of grass seed. When Heckler heard of the demand of Johnston, he said, "Jf that's all I'll give jiim a-bag of grass seed rather I went with wjtr " Wen, Johnston,'what" about" the grass seed?" He replied, " Oh, I don't-care ;= J left the grass Beed with you and you are responsible." I replied that if one bag was lost-I would bear' half the loss. Sfl| refused. I then offered hhnMH bag of grass seed. He repbSH "Oh, no, I don't want the grass seHI I'll have the money." I then tcHJ out my purse and found I only hHJ 15s. ,As it was arranged that the V-HJ would be 17s 6d 1 paid 15s and saidflj would owe the rest. I only paid tH keep peace. In cleaning the grasfl seed I used a long handled shovefl Johnston never asked me about it. IS was spoKen here and there in MaoriceH ville that J had stolen the shovel. 'M heard it for the first time from a verl ■ reliable source from Halberg in JamH ary. Martin Adamson also told ml about it, and I went down the nesH day; to seo a solicitor. H By Mr Pownall: This is the firfl time I have been charged wifH stealing grass seed. I am in Mauriceville and have been up for drunkenness. The carriflj came to my place and I handed hiH eight sacks of grass seed. There weH nine and a half sacks of JohnstonHJ ■ seed in the cart. I took HecklerH Cheque' for 9J sacks' and gsve~iFto Johnston. Will swear I had 8 sacks of my own seed on the waggon. Did- not say to the carrier " I see Johnston is sending ten and a half sacks." -Mr Heckler paid me for 8 sacks only. ; I saw Isaacson, the carrier,- after receiviag letter in which proceedings were: threatened. but do not think I said to him you will swear- there were only and a half sacks of Johnston's seedHfl the waggon , I shall ; not baflfl to pay." I thought it to pay Johnston for the.sack when threatened me simply to. save aqH] further trouble. The. total an>ounßJ . of seed cut oh Johnston's was iBB2 lbs. His share was 8-sthßJ mine 2".5,th5. The bags weighed 601b. There were 21 altogther. At this stage the Court was aflfl journed until 2 o'clock. ; '^H