DISTRICT COURT.

Wairarapa Daily Times, Volume XIII, Issue 4071, 24 March 1892, Page 2

DISTRICT COURT.

MASTERTON.-WEDNESDAi'.

(Before 'Hia Honor District Judge '. >■ . Robinson,)

On the Court resuming at two o'clock the .witness Bicknell deposed that he had erected a fence and gate upon the road in dispute, but these had been removed by Donald. He considered iloo would not repay.him ■for the damage be bad. sustained through the gates and the fences being shifted,:' ■ :. i. .;: :...

Mrs Bicknell, widow of tho-late' William: Bicknell, corroborated the evidence of her, son; She said that the road through her property was not a public one; and never would be| be unless other owners consented for it to proceed through their properties. The defendant had pulled down the gate on the. road ,and. b ft:. wire, fence j which had been erected, and' a disturbance had taken place between her employes and those of Donald in which spades and hammers; were flourished, The Road Board bad been'asked to,construct culverts on the road, but had refused to do so stating.that;they had- no power, Witness had the management ot the property which she had since leased.

■• At- 6.ls■p.'m, the Court adjourned till next 'day, the witness being still under-cross-examination.

• THUfibDAY. The witapßa (Mrs Bicknell), still under cross-examination by Mr Beard, said herself and husband were living together at tbe time of hia death. Section 71, through which the road io dispute passed, was fenced,

By Mr Patterson: The road was at the side ot < the house, :' Mr Claxton applied to havo the gate widened, but nothing was done. fiersonJobniad been holding section" 71 for the past three years. She had bound herself to give him a written lease. Her son did not draw upon her for the expense's of the plaoe, James Fngan, one of the- men employed on section 71, stated 1 that he was employed by Mr John Biok* nell and not Mra Bicknell.'- The road through the' 'section was'shut up for some month's, during whichi'time there'ms no' JrafhV upon it : . : '' The rbaj vpaV'used 'principally 'by, 'Mr Donald and bis meg, but others west ; through-it to reach South Foatberaton road.. He had known people ask permission to go by Mr Beard: The sowing of thefield with turnips had been delayed 1 for'some weeks owing to its being open. He' had heard neighbours ask permission to use the road Binco the dispute arose. . By Mr Patterson: Sheep had to be sold as : they could hot be kept in, on accountqf the road being open,,.'.' '■ Edwin Jones, another farm ■ lahprei' }nthb'ejD^lQydf'Mr ; 'BiQknoll, gaye corrobotoiivß evidenoe.' '■'' '"• ■ ■ ' • The evidence of William Bicknell, who was called aiyay through the illness of ]|ig wife, was, admitted by flis lfppora§cofrpbprat|vß; ; '"' \Th|B was the case fqr,tb,e .plaintiff. For .the defence . James Donald, sworn, Btated! lam a. sheep farmer at Featherston, Ikuew-Mr. William Bicknell during his life time, and knew the circumstances of the proposed giving of a line of road by Messrs Bicknell,' Benton, and WiK 'M*Wi ' fB!B?'!SP a mombcr of the Featherston Boad, JJoard. I 'jiaye travelled through section' 7} for years. Dp October gist, JB74,irfr Bicknetl attenW a pieejing of the Epad Board of which! was a member, and.offerod, to dedicate the road in dispute, The offer. <vua'accepted and the road ordered-to he placed on the map. The road was afterwards laid off by the Engineer. (The minutes of the meetings of the Board were here put in, showing how the roiul had with). Mr road .should Jig' • taker].- three away'.from ttiehquß9j''arid' ib|s' y JMi allowed and theb'eW road was pegged! oft by thp Jiingiiicci'. "-'•''':':' . ■ '"" '". ... ■• [Left Sitting.]