SUPREME COURT.

Lyttelton Times, Volume LI, Issue 5715, 20 June 1879, Page 6

SUPREME COURT.

TIMARU.

CIVIL SESSIONS.

Thpesdat, June 19,

(Before His Honor Mr Juatice Johnston and a Special Jury.) G. COTJEX V. M. STUmrOLMR.

The Court resumed at ten o’clock, when the hearing of this cose was proceeded with. A. Adams, a witness examined on the previous day, was recalled on the application of Mr Maoossey, and, in reply to a question by that gentleman, ho said he did not give the surveyors instructions to fix the point above the bush whore the fire was supposed to have been lighted in the tussocks, but he believed Hunt supplied the information. William M'Leod, head shepherd in the employment of the defendant, said; There were seven shepherds is defendant’s employ. Defendant’s run gees all round the Waimate bush. We started mustering on November 7 hist, and wont about five miles to the northwar“- Wo began at the top end of the run. on the north-west side of the bush, and worked from the top of the ranges downwarfs. We wanted fo got the sheep down to the station at the Waimate, tethe southowt of tho bu*h» Wo woro driTiog thorn in a southerly direction. On Monday, Novem"®r we wore mustering farther back than the Hunter range. This would be about two mites bock from the bush. He. himself, was that duUnos of (too of the shopherds, named WUliam Grierson, was between Mm and the bush. It was Grierson's business to muster down ss far as the edge of the bush. In mustering we moved forward about three miles a day. The Waiho river runs at the book of the Hunter range. It is about five miles south of the Waimate bush. Asa general thing, the »an furthest from the bush is distant about five miles from it. and they all move m a direction towards, in order to make as clean a master as possible. Zt £* d n ° 7® on to each other, but we sometimes hgWcd a tussock as a signal to each other. We adopts these signals of

To Mr Joynt; Ho was on the Waimate side, travelling up to tho range, on Nor. 7,; and on the Bth ha was still on the Waimate side of the range. On Nor. 9he was on the top of the range, and it blow very hard that day. The direction of the wind, so far as he remembered, woe from the east. He wae then three or four miles from the Waiiaato bush, and could see it sufficiently well to distinguish every part of it. Did not see flame coming from Bruce’s fire; he only saw smoke. On Tuesday, Nor. 12, he was sometimes two miles and sometimes half a mile from Grierson. He saw no signs of anyone between him and the bush on Wednesday, except Grieraon’s signals. So far as he could say, only part of the tussocks between where he was and the bush bad been burned prior to Nor. 16. It was usual to bum the run in October.

William Grierson said he was a shepherd, and was in the employment of Mr Staanolme in November lost, lie knew Mr M‘Leod, Mr Studholmo’s brad shepherd. He went out with him and commenced mastering the ran behind the Waimate bash on Nov. 7. On the Monday he came over by Malloy’s saddle on the Hunter range. On that day he was hot near the bush, but at night he came round by Cameron’s. spur, north of the bash. On Tuesdai, Nov. 12, they started to master down the range alongside the Waimate bosh. He was nearest the bush, and was mastering to the edge of it sometimes. M’Leod was on the top of the range to his right. He signalled to him three times that day by lighting tussocks. The first signal he gave was about six o’clock in the morning. This signal was lighted on tussock land about half a mile from the bush. He lighted the second signal about two hoars afterwards. This signal was about the same distance froin the bash. The third signal was lighted about ten o’clock. The nearest point of the hash • • I— 1. - of it. They did not light, any signals in the afternoon of Nov. 12, as they had left the hills then, and taken the sheep into the station. Thera was a small scrub gully about a hundred yards from where he lighted the first fire. Most likely there was a good deal of dry fern among the tussocks he lighted that morning. Daring the first half of the week, that is Sunday, Monday said Tuesday, it woe blowing pretty hard. He observed on the Tuesday that it was blowing from the north-east, as the smoke from a fire he saw in Brayshaw's bush was blowing to the westward.

To Mr Maoassey : His reason for saying the wind was blowing from the east at the bosh near Allan’s was, that the smoke was travelling to the westward. He was seven or eight miles distant from Allan’s at the time. The fire there seemed to be a good luge one, «s there was a good deal of smoke about it. On Nov, 12 he was on the weather range to the south of the bush, and be observed a small fire on the Brewery range. Me was distant about a mile and a half from this fire when he notioed it. Ho knew very little of the Waimate bush. He also saw something which might have been a fire at the mam bush on Nov. 12. This fire, or rather the smoke rising from it, might have only been the smoke from a fire made by a when boiling his " billy.” It was in the dusk of the evening before he got his sheep into the station. Ho had driven the sheep about ten miles that day. The station is about one and a half miles from the southern portion of the bush, and is not far from the township of Waimate. The north-western corner of Parker’s bush is over five miles from Mr Studholme’s house at the station. Ho was not a regular shepherd of Mr Studholme’s, but he was in the habit of working for Mr Studholme in mustering time. Ho frequently saw what might be called accidental on le putu Tkoao fires were quite outside of the fires caused by the xuusterers in making signals to each other. There were a good many persons in the habit of travelling over the run.

To Mr Joynt; The (moke from the fire I observed at Bruce's, or Broyshaw’s bush (or, rather, what the shepherds called Walter Allan’s) might hare been blowing in the direction of the eouth or south-east, although I t hought it was blowing in a westerly direction. We had mastered the Brewery range on the Prions week, and I lighted a fire there myself, but I afterwards extinguished it. My reason for extinguishing (hat fire was because I was afraid of its spreading. Up to that time I had not been taught to be careless with regard to fires. 1 don’t know exactly I put out this fire and not the other fire# I lighted, but I was not properly aware of the STPtt" i ?, L th ® flr,fc hastanoe. The fire that I lighted on the Brewery range was some distance from the bush, and the place where I afterwards Absolved the fire which is called Bruce’s fire. She first fire was in the grass, and the latter on the edge of the bush. The latter might hare been the smoke from a mill, or it might have been the smoke from a man on top of the range when I saw it—say about or ®|fibt mils#—but X could distinctly sse the smoki ourling up above the trees. It « a fact that in tussocks, scrub, and fern, a fire sometimes travels against the Supposing the fire I ItehtXonNov 19 had backed up slowly against the wind, u "sf* hjjo got into the scrub golly abort the bush.. What I mean by aociaental fires on with by outsiders not with either a view of burning the grase or slgnaUing at mustering time. * I wwone 3 thisdasc of fine on the run about twelve « id in Member ”? . WM . cl#r * Mr Barrett, a saw-mill fc beWaimato bush. He mentioned the forming of Friday, Nov. 15. Ho forebullock near Barrett’s mill on that day, and he went up into the bush.

HcMvaflreatth* top of the bush about three-quarters of a mil* distant. The ire bad evidently commsnced outside, and lad down lo tw wge of the both. Bo ut morki of burning ouUids and beyond the bu»h. From where he was, the start of tbe Are •earned to him to be about ton chains from the outer edge of the bush. He had Men a grass lira burning on tbe hflla for two day* previously. He did not find tha bullock and want back again to Barrett’s mill. Than waa no Art at Barrett's mill when he went back. Ha than want op the tramway to Cliffs mill, a distance of about half a mile. He remained in tha bush for about three quarters of an hour and he was then driven out of tba bush by the Are coming down the buefa. There was a man named JoMph Heal with him, and si the; could not gat Mck tha way they came into toe bush they croiead over, end got out on to the spur on Price'* run. They could then see down bn to the bo.h, and observed the fire going straight down the bush in a southeasterly direction. There was one continuous line of Are extending down the bush. Tile breadth of the front of it waa about half a mile. When we were on the spur the ire seethed to have got down to Theobald’s road and was burning there. Theobald’* road is the one running straight across the bush by Barrett’s mill. He then went down through the bush add came out at tbe north-east end of Theobald’s road. The ire had then crossed the road, and was burning on each side of tbe road. This occurred about 12.30 p.m. Theobald’s house was . burned down then. Ho then went back to Barrett's mill, and arrived there about 2 o’clock. The ire was burning aU round the mill at the time, but had not then burned the mill. "When he went up the tramway early in the day. he saw no ire m the direction of Cliff**,lneuLerwa* there any Are at Barrett's mill then. To Ur Maenswy: I was at Barrett's lor about three or four week’s before the Waimate bush ire occurred. There was an engine at Barrett’s milt. It bad a good lain ins-box, and a box below it to eaten the cinder*. Ido not think there was a spark-catcher on the funnel of the engine. I old not see one. 1 have often seen eparks earning out of the funnel Toters timber was not need for the engine, as that olase of timber makes too many sparks. If it is stated that there were large quantities of totara slab* lying about Barrett’s mill I am not prepared to dontradiet the statement. I never -saw the sparks from the mill lighting anything on tbe ground, but they often burned small holes m the jackets worn by the men. I wae frequently about Hie mill measuring the timber. Sparks might iy Horn the engine for a distance of about half a chain, but he never saw sparks iy so far as Barrett’s mill. Thera was a clearing for soma distance round Barrett’s mill There were slabs, sawdust, and refuse timber lying about the mill but there were no tree-tops or branches of trees. When I first saw the fire coming down the bush it was coming down what waa called tbe white [fine spur, when I was bn Price’s run looking-at the ire I could not have seen a ire rising from Barrett’s milL From the Parsonage at Waimate a very good view oan be had of tbe ire that came down the bush and a ire at Barrett’s if there had been a distinct ire at the latter place. When I first had my attention directed to Hie fire in the bush I was half a mile from the mill, but not in the direction of the ire. If it is sworn here that at about 10.80 amt a considerable amount of smoke ascended from Barrett’s bush, I am prepared to contradict it. The adjoining bosh had been worked out by Mr Hayes—that k, all Hie sawing timber had been taken out of it. The thinning out of the bush would give greater facilities for the spread of fire, as the taps of the trees are generally lying about m a decayed state. There wae a small atrip of maiden bosh on the lace of the nor, which would have afforded some obstacle to fire coming down from the hills. I don’t remember hearing of fire being dlseovend in the trunks of trees near Barrett's mSI about a week before the large fire. I certainly never saw any such fire. Xam prepared to swear against half-a-dosen witneaws that there were not separate and distinct ires on the morning of Not. 16 at the top of the bush, and also at Barrett’s bush. •

To Mr Hamersley: Any person looking from the Parsonage to where I first uw the fire would hare to look almost directly over S*«nuklf*« we »11- CPIa >«>»■ MV &S» the fires at Theobald’* bush and Barrett’s mill when I returned from outside the bush by Theobald's road. Joseph Neal, bullock drirer, said he was in Waimate bush on Not. 13. Saw a fire on the Hunter range on that and the following day. Warn in company with Cridland when he observed the fire. He then mainly corroborated the evidence of the previous witness. John Main, bushman, said that in November last he was working for Barrett in the bush. On Thursday, Hot. 14, he first saw [ fire on the ranges. This fire was skirting the bush bn the outside. On Friday morning at 7 o’clock he went up the tramway from Barrett’s mill to the place where he was working. Saw fire then at a point a little to the north Ifc WM Wol *ing direct down tho bush to whore witness wm. It was Wowing very fresh in the morning, and the wind increased in violence during the day. Abont 11 o’clock observed the fire had got into the old workings, and was rushing' down in the direction witness was. Ho immediately made his escape down the tramway. The fire followed him so dose that it burned the shirt on his back. He managed to get ahead of the flames with great difficulty, and went direolly to Barrett’s milt The fire crossed the tramway as ho was going down, and swept through Theobald’s and Barrett’s bushes. Ha remained in the mill, and Barrett’s house escaped. Till then the fire was driving down from northward, and clear of Barrett’s. The , mill and house were not destroyed till the wind shifted. There was no fire at Barrett’s i mill before then. The bush opposite Barrett’s on the south side of the road, was on fire when he reached the mill. The fire swept i round about 4 o'clock, and then came back from the north-west quarter and burned Barrett’s house. It then destroyed the They tosk as many things as they could out of Barrett’s house, and put them on the road near the large clearing near the mill Most of these things were afterwards destroyed by the fire.

To Mr Maoassey : He knew of two fire* in the bash before November last. One was in Have’s worked bush, three months before, and it might have spread over 12 acres of bush. It was ont before the great fire occurred. A fire also happened in Bruce’s bush before Nor 16. Ho read something about it in the papers, but did not remember that he erersaw ft. William Barrett, manager of the mill, called Barrett’* mill, which Is owned by Mr Cliff, deposed : On Thursday night, Nov 15, noticed a fire in the bosh. It was then 40 or 50 chains from the mill. On Friday the fire seemed all at once to spring up in ths opposite side of the road by the tammway. Theflre was thsn going in the dirsctionof Theobjdd * road. *His children were at Theobald's house, and he ran down and took them away ouUid* the bush. On his return he went up Theobald’s road, and round the fire was threatening his mill, and the men wore at work trying to keep the fire away from it. He assisted them in their wo ? omi °* the sawdust was then •momaeriog about five or six feet from the mill. He got the things out of his house, •i the fire unis spreading around in all directions. He went out of the bush *k° u _t . tbroe o’clock, as he could not •tmd the heat and smoko any longer. The f . .house were not burned when he lift, but they were surrounded with flame. Shew was no fire nsar ths mill on the Kiwoas day, or up to 12 o’clock on Friday. 8 fiff that destroyed his mill and house earn# from the top of the grass spur outride the bush.

To Mr Maoassey : The weather was calm on Friday morning at 8 o'clock, but began to blow hard about 9 o’clock. He was very ooeaey all the morning about ths fire, but he started hit mill as usual. He stopped the will at 9 o’clock, and told his men they would have to try and keep the fire off, as it was getting too close. He never did stop the mill faa r . of danger from sparks, because a high wind might be blowing. He kept on ® hoy at work, who had to got wood and do whatever he was told. The boy

lnark. D ° tf f i'broadleaf tree on fl r « a J?' J b «rc three weeks before the fl re p mli af *mt wd two or three other, fir,ta, *n I* time the men IwiV 0 ' 1 put h md they used to boil their bilhl. ■ ca ®PonL Hr. There was a cap on the t ln 7® open InTaU^ 0 miU t 0 ° f Ing, and there wa« also a snarkl fr,Jrn «t----funnel. They were in t£. was melted on. The fire »«. ’ an< u ‘® '*o J™ 1 . ** *t II o’clock, and 1 "? pmt hi. mill and aero,, ,), c ’ roa , l r a £ #^Tftb . of the wind ’ "bid. wai r, r. ln « b He believed tho wind changed the forenoon and he wa. pression that it changed »cr er J' u, » k”7- the fire that sprang u., '® a * tUt ontbe opposite side of the road .. . "I'H there was a continoou. connect, „? cL *k, right bMk to the fop of tho b'. ,h tr iUrac prepared to contradict any *ut J;,, ■** effect that the fire wa. burnmiS oek before the great fire k To Mr Bamersley ; The fi rft . three chains lower down on the 0 „ 0 r,f of the road from the mill when fi r *( • * »de If there had been a; fire anywhere" H place he could hare iccnj jt George C*pcl aaid ho was engi n Barrett’s mill in November last ir„ I * l * in get into the hush from the h ii^ I'* 1 '* Thursday afternoon. On Friday „ deoft was a long way in tho hush and »,« rn " l? l it •pur opposite the mill. The n Ls ,}ie coming over the mill at tlrr Vi * sometimes over the hill »id e -n c nd came nearest to the mill at lo v.. , was then about three chain, from the mm 11 the tramway side of the road u dl . <m crossed the road about a chain’ atm ! u south of the mm. He couldL th 0 ab ° ? the niiftiit down from tho northern s Pttr wmdwas Wowing strongjy u m [ he • west. The fire that came down to tu o.’ led from the fire which commenced on buah, following the same course. s 0 existed from working the mill that kSS ing on account of the wind. toe they had to stop working on of the wind, was when it wa. Ing hard across and blew off that Ihey never stopped on account c! JSL blowing from tho funnel Sparks did the funnel that day as nsS, but tSy dS not travel any distonce and won went out On 'piesday morning, at 6.30. witne., ww .» the top of the hill where the fire .tarfol what appeared to be hone.. (To Mr Macassey; He saw them two mile, off and could not clearly di.tinguuh what the objects were, but he imagined the? were two shepherds with hones, as graa. firw were lighted efose to them. They topped working the mill on Friday, on account of th* fin approaching them, and not on account of the wind. Some sparks did fly from the funnel and he had hi* shirt burnt on «?erai occasions. Never knew sparks to carry more than nine feet from the engine. There wa. » cap on the funnel to prevent sparks firing. They never stoked the engine with totara slab, when they could get other sort*. Eememberad the stump of a broadleaf tree catching ire in the bush about three weeks before tbe great fire. The fire was carefully put out as soon as discovered. Tho bush fire on Friday came down a gully to Barrett’, from the direction of Young's. He left Barrett’s mill at throe o’clock, and it was then blowing from the north-west. The Court adjourned at 5.30 p.m, till 10 this morning.