DISTRICT COURT.

Wairarapa Daily Times, Volume XII, Issue 3985, 10 December 1891, Page 2

DISTRICT COURT.

MASTERTON-WEDNESDAY. (Before His Honor District Judge Robinson and a jury of four.) MILLER V- ELDER. On resuming at 2 o'clock, the plaintiff was cross examined at considerable length by Mr Morrison. Frank Brading, poundkeeper at Tenui. deposed that on October 27th, 1889, certain cattle were impounded by Mr Stewart, from the property ot Mr Miller, for having trespassed on land.

Alexander Stewart, labourer, of Tenui, deposed that he remembered impounding a horse and pony from Mr Elder's property, which Mr Miller had been leasing. The horses were impounded by Mr Elder's authority. Witness had leased the- accommodation house and thirty acres of land from Mr Miller about March, 1888, for which he paid £1 a week. The lense was taken for twelve months, with a right of renewal. He gave Mr Miller notice that he was going to quit, and afterwards looked after the place for Mr Elder. A notice was sent by Mr Elder to Mr Miller, requesting him to put the fences in repair, which he took no notice of. Witness had possession of the premises for Mr Elder for about two years for nothing. He had not urged Mr Elder to evict Mr Miller.

Charles E. Daniell deposed to having visited Tenui on.the 4th inst., and inspected the accommodation house which had been leased by Mr Elder to Mr Miller. There were several buildings which he estimated would have cost £2Ol. He valued them now at £152.

By Mr Morrison: The house has not a long life before it. It is built of white pine. Alexander M'Hutchon, a cominisjion agent and general valuer, residing at Whakataki, deposed that in March, 1888, he went over the building occupied by Mr Miller and found it in good condition considering ils construction. This was the case for the plaintiff. . For the defence Mr Morrison pointed out that the statement of claim not only showed no cause of action, but provided an actual defence. He maintained that the lease not having been completed Mr Miller had no claim. The legal aspects or the case were then argued at considerable length. THURSDAY. Legal argument -in the, case was continued this morning, and was not concluded when we went to press.