DISTRICT COURT.

Wairarapa Daily Times, Volume XI, Issue 3787, 16 April 1891, Page 2

DISTRICT COURT.

MASTERTON—WEDNESDAY,

(Before His Honor District) Judge Robinson.)

Anderson v Johnston,

James Anderson, plaintiff, reexamined by Mr Bunny, stated he had not been accused of cheating by Olsen.

Lawrence Johnston, settler residing at Mauriceville, deposed that he had known Winter (Anderson) for over fourteen years. During this time Winter had frequently worked for him. He found him a honest man as far as his knowledge went. He also knew Johnston, and heard from several people of the statement made by him. The meauing attached by him to the words used was that Winter was accused of stealing the shovel. By Mr Pownall: Winter had been working for him with Olsen, but he had not heard a report of his dishonesty, James Francis Heckler, sworn, deposed to knowing the parties to the action. He had bought grass seed from Winter and Johnston. He was present when it was unloaded. It all came in the one cart and appeared to be mixed up. He took Winter's statera3ntas to the division. Nineteen sacks and a half came to his place. Winter picked out some of the bags at the time as his, several of them being marked. Winter said eight of the bags were his and nine and a half Johnston's. He had advised Winter to pay for the bag of grass in dispute rather than go to Court. This was the case for the plaintiff.

l For the defence Mr Pownall stated '» there was no attempt on tbe part of ' his client to conceal anything. He > admitted having used the words imputed to him, but would show that i they were justified. Aaron Johnston, sworn, stated : I ■ am a settler residing at Mauriceville. ' In the month of January, 1890, the • plaintiff cut some grass seed for me. I > was away at the time. When I returned the grass seed had been cut. I arranged to sell my share to Heck- ■ ler. Isaacson was to take the seed ■ to Heckler. When I was loading my seed Winter came up. I said to Isaacson, "You'll have a pretty big load," He replied, "Oh, no, I only 1 have 19i bags, there are ten and a half yours, seven of Winter's, aed two of Rasmussen's." Winter suid hid seven bags were marked. I replied, "Alright, yours are marked and mine are not." Ten and a-half of my bags were put on the dray. T authorised Winter to get the seed weighed out by Heckler and to get my money. Winter same to me and gave me my cheque. I cannot remember for how much it was. He gave mc a note which stated that he had sold nine bags and a half. I asked Winter where the other bag was and he said he did not know. I said, "You know very well there were ten on Monday, where's the other ?" Winter then turned red aud went away. I then asked Isaacson, who was passing, how many bags of grass seed I had on Monday. He replied, " ten and a-half." I said, " there's one of my bags lost, did it fall off or where's it gone?" Isaacson replied that no bag had fallen off. I bad eight bags from Winter, two from Rasmussen, and a half that my wife cut in the garden. Winter said he had taken the bag, and 1 replied that I would go up to Heckler and see about it. Winter afterwards came to see me and brought t« o men with him. I told him that he would either have to pay for the bag or I would summon him. He then paid. When I found that the grass seed had gone I looked round to see if anything else had been taken, and I missed a shovel. I would not have suspected that he took it had it not been for the grass seed, I told several I suspected Winter, lam willing to make no apolog» as thero is proof enough i Whiter took the grass seed. By Mr Bunny : I still charge Winter with having taktn the grass ] seed, and I believe he took the ' shovel. Ido not remember having , a conversation with Carl Halberg < about Winter. Winter cut and thrashed 21 bags of grass seed, but I ' do not remember how many pounds J he was entitled to. Winter always ' disputed that there were lOi bags. I The witness was severely cross- , examined by Mr Bunny, but nothing , fresh was elicited. s Mrs Johnson, wife of the defen- '■ dant, called, s gave corroborative evidence, She did not, however, suspect ■: Winter of stealing the grass seed, , James Syverson and Jens Jepsen j deposed to seeing Winter pay } Johnson 17s Gd for the disputed bug < of grass seed. i

Ole f&aacson, carrier, sworn, stated he took seven aacks of grass seed from Wiuter'ii, two from Kosmusscu's, and

ten and a half from Johnson's. He would swear he did not lose any on the way to Heckler's. Adamson was re-called, and stated he hail a conversation with Isaacson about the matter three weeks ago. ■ The Court then adjourned till next day.

THURSDAY,

On resuming, Ole Isaacson was examined at some length ty Mr

Bunny. Christian Hansen, called by Mr Bunny, gave rebutting evidence to that of Johnsou.

In addressing the jury for the defence Mr Pownali reviewed at length the oviden-e given, and maintained that it had been clearly shown that the of grass seed had been stolen, and the words used were therefore justified. Mr Bunny addressed the jury at considerable length, and was followed by His Honor, who directed the jury as to its fiudiugs. After a retirement of an hour and a-half. the jury returned a verdict for the plaintiff for one farthing damages, and His Honor gave judgment accordingly. The question of costs was reserved.