THURSDAY.

Wairarapa Daily Times, Volume XII, Issue 3921, 24 September 1891, Page 2

THURSDAY.

On the Court resuming this morning— For the defence, Mr Beard submitted that there was no case to go to a jury. The only evidence went to show that the fire was lighted by Taylor, and unless it could bo proved thai he had lighted the fire by the instructions of Mrs Tayler there was no case- All the evidence of witnesses went to show that the fire must have|been lighted in the summer months, and not in spring as alleged. His Honor would see that there was absolutely no evidence to connect Mrs Tayler with the destruction of the hedge. Taylor's evidence showed that he had absolutely no authority from Mrs Tayler to set fire to the gorse. A master was not responsible for the act of his servant unless the servant acted under his instructions. Mr Renall said that the fire was caused' deliberately by Tayler which meant that it was done wilfully and maliciously. If this was so it was an offence under the Malicious Injury to Property Act and it would be necessary to show that he had Mrs Tayler's authority to connect her with it. He maintained thae the plaintiff should be nonsuited. Mr Bunny said he did nnt think there was anything to justify a nonsuit. Tayler bad admitted having authority from Mrs Tayler to do outside work ; and whilst under this authority he had destroyed the gorse. An effort to withdraw a case from a jury displayed, in his opinion, a great weakness.

Mr Beard replied that His Honor i had not to decide whether the case for the defence was weak, but whether l there was sufficient evidence to go to a i a jury. His Honour said he could not i nonsuit, as he considered there was i sufficient evidenoe to go to a jury, r There was the evidence of Tayler to show he had authority. The evidence did not show any malicious intent on i the part of Tayler. Mr Beard then briefly addressed the i jury, after which he called Mrs TayUr. The defendant deposed: I am occupier of a section in the Bishop's reserve which I leased in May, 1«389. I have been in possession about i twelve or eighteen months. I have' : not destroyed Mr Renall's fence, nor authorised anybody to do it. , When I took possession there was a thick wild growth of gorse, spreading in some cases across the field. This growth was on Mr fionall's property ' a« well as mine. There were gaps in on my side of the ditch, ■ SKHficiently largo to admit of cattle ' passing through. There Las not been a post and rail fence there since my time. The gorse fence is now in about the same state as when I took possession* The gorse on Mr Renall's side ditch was übbed up When I look possession there were indications of a firo i&ni&MSwl light through the hedge. The. fence"] has not been destroyed in any way since I took possession. I heard the firebell ring about five years ago, and discovered that the hedge on Shute's property (which I now occupy) was burning. I am very nervous and particular about fires. Tayler works for me upon the property, and gets his instructions from me. I am " boss " of that establishment. Mr Tayler burnt some gorse which had been grubbed up, but it did not go near the boundary. I do not think Mr Hofieins and myself are very friendly. Mr Bunny: You do not look upon him as a friend because he wished you to fence your boundary. The witness: No, the Borough boundary. Ido not lock upon him as a friend, Mr Bunny : Nor as a foe 1 The witness: Well, he pounded my cattle, and I paid the tees under protest. Mr Bunny: And you got the money back ? The witness: That's my business. He did not get it. . Mr Bunny : There is not much in , his pounding your cattle ? ; The witness : We are not arguing i the question of pounding. Mr Bunny:, Mr Tayler manages your farm and does tho rork 1 The witness : I suppose so. Mr Bunny : He does your~garden- '■ ing. | The witness : Yes, he's a very good i gardener, too. j « Mr Bunny : I swa^g^aanegeeU as he thinks fit 1 Tba witneis^H^^^^^^H

Mr : l^^^^^^^^^^^^^^^f give^^^^^^^^^^^^^^^H Tbe s Taylor, Honour Tho Mr Bunny : Very weM^^^^^^^^^H Tho niU^HHH ems of age, and I think^roowEO^r^^ 0 mnnage. % A Mr Bunny: Seme time in 1889 Pnyler grubbed up some gorse 1 the witness : Yes, I told him to do I :o. ~~1 Mr Bunny : And he had instruc* 1 lions from you f "* —"jf The witness : Na, I intended to be present when he did it. Mr Bunny: And were you surprised ;o heur it ? -a The witness : I was surprised and J innoyc'u. Mr Bunny ; Why were you anooyed ? The witness : Becausol wonted to be present. Mr Bunny :Is that why you were annoyed ? The witness : I think I have you Mr Bunny : But that satisfy iny curiosity. The witness : But you ions. lam naturally nervout^^^^^^H 1 am like your old hens, only are nervous of dogs (laughter). Mr Bunny : And this is why you were nnnoyed ? The witness : Not only that,' but you kuow I like to be " boss." Mr Bunny : You were afraid the M gorse would be destroyed ? " The witness : I might have been, J but I bad s quantity ot stock. In answer to further questions jM the witness Baid that ing I took the property gr f I May, in June 1 got Tayler to plajgft*,' ™ lot of stock. There was one hjghp of ;** j gorse near the plantation/'by the '\ College creek. There is no doubt the I hedge bad been burned at tome time J or another, lam not an oxpert at m gorse hedges. I could nottavr bow ■ long BJnceit was burned^— tainly dying cut, but then all hedges H are likely to die out if not cultivated. V There was not a fence when I went ,1 there, but there were patches of gorse. 1 I daresay it would have been a good ' fence if cultivated. I look upon gorse as a nuitance, and if I had money I would grub np gorse hedgea._ I could not Bay. when I went "there "to live. \ The burning took place before I \ resided there. i To Mr Beard: Unfortunately I 1 hare not had the capital to grub up the gorse on my side. Jane, Kandall of the Hutt: I remember Mrs Tayler taking possession of the property. The day after Mrs Tayler took the property I went over it, The boundary line was in. mujh the same state then as it is now It may be a little more decayed. I also noticed tbe remnants of a fence. 1 There were indications of fire all along the gorse hedge. It wae«ir~ J tainly not cattle proof, There was A really nothing to prevent cattle getting ~ "■ to the water lead. In the Bpring of T 'B9 I was in the habit of taking Mr J Tayler his dinner and I recollect see"- m ing him on one occasion burning gorse- •■'■ that he had grubbed up in heaps. I M WBB staying with Mrs layler ■ about two years. Left in December fl 1889. No fire, to my knowledge, ~M ever got in the hedge ■ >he time of Mrs ptoperty and my which Tayler hedge. Had visited Mrs three occasions her tho hedge. To Mr Bunny : Mr He tc i^L^L^L^L^L^L^H holder to give^^^^^^^^^^J the propet^^^^^^^^^^^H wen^^^^^^^^^^l boundary as the gro^^^^^^^^^| We couls^^^^^^^^^H Am positive there areno cations of fire, although the more decayed. At this stage the Court adjourned I until 2 o'clock. fl