SUPREME COURT.

Press, Volume XXXI, Issue 4204, 18 January 1879, Page 3

SUPREME COURT.

SITTINGS AT NISI PSIUS. Fbidat, Janttaby 17. [.Before His Honor Mr Justice Johnston, and a Special Jury.]' , The Court re-opened at 10 a.m. ,' HENDERSON V. THS NAPIEB HABBOB BOABD. The hearing of this case was resumed^ Tjhe Attorney-General gave notice of his intento move for the insertion of a new paragraph in the declaration -with reference to the the alteration of the site of the western mole. Mr J. B. Bavies was then cross-examined at great length by Mr Macassey, with reference to some transactions in Southland, and also-a3 to the main facts of the case. The witness also detailed the conversation which took place between Mr Henderson, Mr Williams, andTumself, as to the conditions Jnnder which the engineer undertook to gwe the final certificate. Evidence was also given "by the witneisas to the delay caused by the non-finishing by the engineer of a test for the driving of the piles. .: lyfr t. G. Graham, the accountant of the plaintiff, was called, and detailed matters con • nected with the financial portion of the case, mainly with reference to the amoan? paid by the defendants to the plaintiff. He also gave evidence as to the quantities of stone put into the, work, and the number of waggons recorded as naving been put into it daily and monthly. Messrs George Macaulay arid John Madden were called to prove matters connected with the pile driving and the delay alleged to have been caused by the neglect of the engineer to furnish the plaintiff with a test. Mr : John Frank gave evidence relating to the clearing of the auarries mentioned as one of the conditions imposed by the engineer before giving the final certificate. Hβ deposed to having twenty-eight men at work at the qaarries, and that they were cleared ont, es desired by the engineer. Mr Davies, junior, deposed to having been in -charge of the works, and detailed at great length the conversations and correspondence on the subject of the works which he had had with Mr Webber. He also gave evidence of the delay epoken of by the former witness, caused by the' absence of a test for the pile driving. This witness was examined at some length as to the divergence of -the work from theonginal plan. *' ' ■ .■ The examination-in-chief of Mr Davies was concladed at 6 p.m., when the Court roee until 10 a.m. this day.