SUPREME COURT.—Civil Sessions.

Auckland Star, Volume IV, Issue 1022, 29 April 1873, Page 2

SUPREME COURT.—Civil Sessions.

(Before His Honor Mr Justice Johnston.}

Yesterday.— (Continued.) Special Jury Case.

C. A. HARRIS V. J. S. MACFABLAKE. '

Mr J. L. Tole, called by Mr Rees,. deposed that the canal'cut by the defendant was oil Harris's land above high water* mark/ One of the boom-posts put in by defendant was, on Harris's land. Great injury was,done..tq the banks of the river by the way thei defendant drove his logs down. In one1 place a large tree, growing on the banks of the river,-had been uprooted and thrown into the river.

Walter Scott, sawyer, employed by Mr Harris, stated that in the beginning of 1872 logs could not be floated out of the mouth of the Waitekuri. The sides ,of the creek were; greatly damaged by the driving down of| defendant's logs. Three hundred of Harris's: logs were lying in the bed \ of the creek,; which defendant's men removed with great; difficulty and labour. He remembered Mri Harris endeavouring to stop Mr John Macfarlane from cutting the canal. There was no cultivation near the creek. : -.

The Court then adjourned until to-day (Tuesday); : •..■• v<; i<) '