DISTRICT COURT.

THHURSD&Y. [Before His Honor Judge Broad.] Extended Wakato Gold Mining Company. His Honor said that after consideration he found that the notices had been given in the time specified by Act, and he grmted the order fixing a further list of contributories. Edoae V. IGovom. Mr Pitt for plaintiff, and Mr Fell for defendandt. This was au action brought by Robert Edgar the younger, by his next friend Robert Edgar the elder, acoommodation house keeper at the Hope, against Joseph Gough a groom at the Hope, in the employ of Mr Hall, coach propietor, claiming £100 as damages for slander. The aotbn was founded on a statement made to Frederick Coleman on Ist June, 1891, whioh is given in the evidence of Coleman. The defence was that tho statement was true in substanoe and faot, and tbat in mitigation of damages evidence would be adduced of the general bad character of the plaintiff. Mr Pitt in opening the oase briefly recited the facts, and called evidence as follows : — Robert Edgar, sen. . My sons have never been down at Hall's stables with a trap. Cross-examined : It was in August last that I first heard from Colemans that Gough had accused my son. I have not employed Poole to obtain information about this case. He has lived with me, but I have not paid him anything, nor has he paid me for board. Frederick James Coleman : I have known Mr Edgar ior about 20 years, and his family also. On the Ist of June defendant told ma, " the Edgars invited me up to their place, and while I was there the boys drove to my place, where I found them on my return. I asked them what they were doing ; they said the horse was in the trap, so they drove down. They stopped a while, when I said, what are you going to do ? lam going to b<d. They apparently went home, and I went to bed. After they had gone a few minutes, I went out, and caught tbem putting some oats into the trap." I have not seen defendant from that day till this. William Francis Coleman deposed that he was present and heard the conversation. Robert Edgar, jun. : I have never been to the stables with a horse and cart since Gough has been there. The statement detailed by Coleman as having been made by Gough is not true. I know that McConochie, a drover, in October, 1890, lost two sheep, and I was to have one if I found them. I could not find them. Next day Gough came up, and said that he had found one, and as it was too knocked up to travel, he had bought it from McConochie. He wanted us to go down and kill it for him. My brother Fred and I went, and he gave us half the sheep. We took it home and used it. I offered to pay for our half, but after we had killed it he said, " Say nothing about it, as I caught the sheep, and we shall have some cheap mutton. Cross-examined : McConochie did not come to the stables whilst we were killing and dressing the sheep. I had conversation with him the day before, but did not send him up Lamb valley. I remember Hollis and Colthart being up our way contracting. I was ouce only in their camp, when I took medicine to Golthart Frederick Edgar gave similar evidence to that of his brother. Joseph Poole, miner : I saw Gough on the 12Jh December, and he told me that the Edgar boys used to come and steal horse feed when he was away. After Mr Fell bad addressed the Court he oalled Joseph Gough the defendant: The Bdgat boys used frequently to be at my place. 'On two or three occasions they drove down. Twelve months ago last October they drove up in the dusk of the evening with a spring trap, leaving it in the road. They asked for a len_l of some oats and chaff, but I said Mr Hall would be round the next day and they oould ask him, they then used some filthy language. They stopped till nearly midnight, when I went Co bunk and they left. I heard them fiddling about and went out, and found them with about a half sack of oats about to put it in the trap. I put my foot oo it and Robt Edgar laughed aud said " we wera only having a b lark with you." I said " this game has been done too often, referring to the fact that I had missed oats before. The facts about the sheep are these. The day after McConochie left I saw the Edgar boys after a sheep, and I stopped it, and they caught it. I eaid I believed it was one of MoOonochie's sheep. Robert slid " Oh, we can puU the wool over old Tom'd eyes.'' Thsy killed tbe sheep behind the stable, and before it was dressed McConochie c une and asked if they had eesn two wethera of his. One of the boys answered " we saw the traok of two sheep going up Lamb Yall-ty." Ered Edgar tben got on his horse and took him away to show him the place, and Rosa and I finished the dressing. I settled in my aooount with McConochie for half the sheep. Cross-examined : I did not tell McConochie that his Bheap was behind the Btable when Fred took him away, because I did not want to cause any bother. Robert Win: I am a farmer and accommodation houss keeper of the Upper Buller. I know the Elgar boys fairly well ; they have a bad character for not telling the truth and taking Bmall things. I would not believe Robert Edgar, jun., on his oatb. Cross-examined : There waß something said by Edgar once about him misiing some sugar from his waggon at my place, but there was no ill-feeling about it. John Colthart, foreman roadman on th. Hope road : I know the two lads, who have both been at my tent several times, and thei have been there when no one was there. . iaokled them about upsetting the contents o my tent. They said I oould do nothing as 1

I oouid not prove it was them. In public j opinion the boys have a bad oharacter. i Cross-examined: I know that Mr Edgar I objects to my being employed on the road, J contending that looal men uhould be employed, j Henry Hollis : I ÜBed to work on the road :2£ years ago. At tho first the Edgar boys ' were at our camp constantly, but after we had missed a few thing they did not come so often. I would not believe tbe boys on their oaths. Cross-examined: I know that Edgar has tried to get me removed from employment on the road, j William Hurforc", roadman at the Hope ,* I I would not helieve tho boys on their oaths ■ they have a bad charaoter for petty theft and j lying. I have seen the boys at the camp ■ ofteD. There are no other boys within miles of Edgar*!. In giving judgment his Honor said that the defendant by his affirming tbat the Blander was true, practically put the plaintiff on his trial for the larceny of the oata, but as the only proof of this was the bare word of defendant, this was not sufficient, espeoial'y in view of his own action in regard to tbe sheep Ac to damages, they ware given, not only to compensate the plaintiff but also as a penalty to warn the defendant that he could not say juet what he liked. He was sorry that he could not in a great many things believe the boys. Judgment was given for £5 damages, and costs £11 17s 3d.