FEILDING S.M. COURT.

Feilding Star, Volume I, Issue 289, 12 June 1907, Page 3

FEILDING S.M. COURT.

THIS DAY. (Before Mr A. D. Thomson, S.M.) The hearing of tho case of Adam v. Mcllroy was resumed to-day. William Powell, residing at Halcombe, was first called. He stated that he was contractor, and had had about sixteen years' experience with horses and| drays. It was possible to get in with the dray between the firewood and loaded skids. He had always endeavoured to put the wood as close io the engine as possible, keeping well away from the creek, on account of the steep grade. He had only cart ejd a few loads this year. The wood was [stacked on the level ground on the edge of the slope. All the teams usekl to go there with firewood. He had seen Mr Mcllroy's son carting wood {with a three horse team. He backed his team out, as there was no room to get out by any other way ; this was two ypars ago. A map was produced in Court, on which witness showed by which road they took the wood in, and also how they went out agaifi. He had taken one load of wood 'in since the accident, on a big wharf dray with three horses. He had seen| the driver, J. Langdon, before the ■ accident, and did not consider him a first-class driver. He had known the mare about nine years, and considered that she was staunch in every way. Cross-examined by Mr Saudilands: He was a fairly good driver. The distance fro mthe wood to the edge of the water was about 9 yards. His dray would carry about 2 cords, but usually he took 1£ cords. Had seen Adam's dray and was certain it would hold about a cord and a half. It .would be easier to go in with a waggon than a dray, as the waggon would not run back. He could not say if tho maro was 12 years of age. He had pulled the mare out twice when they had been stuck with a load. The mare was worth £50 or more. He had bought about 20 draught horses at different times, and had given as much as £60 for one in Christchurch. £30 was the most lie had given in this district. Cross-examined again by Mr Graham: He considered that Mrs Adam could have got close on £50 for the mare. He had capsized his dray once in a steep gully on the place, but did not consider it nearly as dangerous as the place where the accident occurred, for the reason that it was not possible to get a straight pull. He could not bring a load of wood in and keep a strain on the leader's traces all the time. Questioned by Mr Thompson, fe'.M., Ho considered that a grade of 1 foot in 8 feet was fairly steep,, and that wood thrown down would roll on it. Frank Adam was next called, and cross-examined by Mr Graham, stated that he had known the mare for 4 or 5 years, and had worked her during the last 12 months. He could not say what the age of the mare was, but considered her to be a mare thai you could rely on to pull at any time she was staunch and sound. He was not present when the accident happened. He had used the dray, and had had over 2 tons of flax qn, and sometimes 1J cords of wood. The firewood was usually stacked right alongside the engine from end to end. At the time of the accident the wood was stacked on the level grouud at the edge of the slope, about 11 or 12 feet from the wall. He saw Mr McElroy on 1 the Monday after the accident, who told him that he would not mind replacing the mare for him (Adams), but would not do it for the mortgagee. He had only had about 2 years' experience with horses, and had never bought or -sold any. Langdon, the driver, had been there about 7 weeks; he considered that he was not a capable driver ; he had seen him come down a hill in front of the cookhouse with a load on in full trot before he got to the bottom. This was about a week after the accident. Cross-examined by Mr Sandilands: He'had had men driving for him, but they had. left. He could get drivers for his team. It was Mr McElroy's own suggestion that he should hire the teami to him. As far as he could see, previous to the accident, the driver was a careful one. He had been asked by Mr Mcllroy if the mortgagee had any insurance on the horses. |Ie had never told Mr Mcbeen asked by Mr McElroy if the In reply to a question by Mr Thompson, he said that he had never received any notice, either verbal or w/itten, as to whether the horses were insured or not. He had taken a cord and a half of tawa wood on the dray land did not consider it too large a load. Witness' wife suggested that the mare was worth £50; he considered that she was worth £50 to him. He had no idea of the value of a draught horse in the open market. He had allowed Mr McElroy to retain posession of the horses for. five weeks after the accident. Mr Jessop was next called, and in cross-examination stated that the : mare that was killed had worked for him for about 12 months in 1905, cart-

ing firewood. As far as he knew the mare was thoroughly staunch. He had had about 25 years' experience with horses and had offered £45 for the mare in question when she was working on his place. He had seen the place of the accident last Sunday, and thought the firewood was about 33 feet from the water's §dge. On the angle on which the dray was taken in, if there had been the least slip, the shafter could not have recovered herself. H considered that it was very dangerous to bring the horses in by the road along the creek. He wouldn't tackle it on any consideration, as he considered that the grade was about one in three. Adjourned till 2.30 p.m.