SUPREME COURT.—CIVIL SITTINGS. This Day.

Auckland Star, Volume V, Issue 1392, 28 July 1874, Page 2

SUPREME COURT.—CIVIL SITTINGS. This Day.

(Before his Honor Sir George A. Arney, Kt., Chief Justice, and a special jury, consisting ' of* Messrs H. S. Rudock, Joseph Bonnett, W. Buchanan, W. C. Hill, Barton Ireland, M. M. Taylor, Frederick D. Yonge, Jeremiah Casey, A. Saunders, James Baber, Gabriel Lewis, Edward Barfcley ; foreman, William Crush Daldy.) His Honor took his seat at ten o'clock. HARRIS, SEN"., V. MACFAULANE. This case, which occupied the Court the whole of yesterday, was resumed thiß morning at ten o'clock. Mr Rees appeared for plaintiff, and Mr Hesketh for defendant. Examination of James Young continued : In the absence of John Macfarlane in the Kaipara he refused to allow Harris's men to have anything to do with the canal, but did not refuse them the use of the booms, although they belonged to J. S. Macfarlane. On his return from.town he found the logs scattered about upon the banks, and a great number were out at sea.

To Mr Hesketh : On his return he found | that the booms were broken : bothJlamsa and Macfarlane's. f , T To the Foreman : There are.a number of Mr Hrrris's logs still lying at the mouth of tho WaiteUuri creek. , . , ■. Thomas Gillivan; commission agent, aepcs.d that be went to Craig's mill on the last day of March, 1873, and remained there until the following June, and -assisted m getting the logs through the canal. Me uuLstotd they were J. S. Macfarlane's lo.^s but lying on Harris' land. , When Young was away as a witness on a former case a portion of the logs drifted out to sea and both the lower booms were broken and went outside the harbour. The logs were the property of C. A. Harris according to the brands en them. He was employed as cleik at Craig's mill ; in fact he was in charge ot the mill, but was not there at the service of the injunction against J. S. Macfarlane. Alexander Muir had been employed as log measurer by Mr J. 8. Macfarlane, and was bo employed/ On the second of May, when Young went to Auckland; there was a good number of logs at the booms at the time beloceinff bothtoMr Harris and Mr Macfarlane. The other portion of Muir'a evidence was mostly in corporation of the statesmen* of the previous witness. This was the plaintiff's case. Mr Rees then commenced to addre33 the Court on the plaintiff's case. - Mr Hcsketh,aLjo addressed, the Court for the defence.