To The Editor Of THE ' Nelson Examiner.' Motueka, November 24,1857.

Nelson Examiner and New Zealand Chronicle, Volume XVI, Issue 70, 28 November 1857, Page 3

To The Editor Of THE ' Nelson Examiner.' Motueka, November 24, 1857.

Sib— -.As your Motueka correspondent has so prominently called the public attention to the dissatisfaction expressed (I suppose by the Motueka people) at the decision of the magistrates on Saturday, 7th, I think it is but right, that you should have the proceedings in full, in order that those who are not immediately concerned may judge. I therefore inclose you

the proceedings as taken down and signed by the parties concerned. If your correspondent considers the public have cause to be dissatisfied with the magistrate's decision, why did he not, in all fairness, send the whole state of the case to your journal. I am, &c.,

PETTY SESSIONS, MOTUEKA, NOV. 7. Sarah Maria Thomas sworn, saith: On Thursday morning last I went out to feed my calves. I saw three of Mr. Parker's cattle in my mowing grass. I examined the fence, and found they had split one post and broken a rail down, and crept under the top rail. I sent to Mr. Parker, to take his cattle away and pay the damage. The cattle were kept on the ground while I fetched Mr. Boyes, to value the damage ; when I came back Mr. Parker's boy had driven one of the cattle out, and pulled the bars down, and two of the cattle I stopped in. I offered to settle the case for ten shillings ; the boy returned and said his father would not pay a penny. While I was talking to one boy, the other drove the cattle out of the ground. I went to stop him ; he said he would have the cattle, and dared me keep them in. I then came for a summons. The boy drove the cattle away ; I told the boy not to drive the cattle away j he said he would. — (Signed) S. M. Thomas. Cross-examined : I will swear I did not send my boy to demand ten shillings. C. Parker stated : Ido not consider the fence is in a proper condition to keep cattle out. I offered to pay 2s. 6d. per head as value for damage done— (Signed) C.Parker.

Verdict for plaintiff, with costs. Handyside v. John Tillet, for trespass of one head of

H. Handyside sworn, saith : On the 4th of November, I found that Mr. Jones had driven out of my ground ten head of cattle, and left ten in. I immediately fetched the constable, and he identified the remaining ten : of these, one was Mr. Tillet's, a red cow. I ordered the constable to apply for the damage to the parties, he retui'ned, informing me they all refused to pay. lam prepared to produce evidence that the fence was substantial where the animals broke in. The enclosure is my garden and in crop. — H. Handyside John Tillet stated : Ido not consider the fence is a good fence or allowable fence. The wind will blow it dovn at any time.

J. Boyes sworn, saith t I saw the fence in question, where the cattle broke in ; the posts lifted out by the cattle that had broke in ; there is no part of the fence that animals can walk in freely. — J. Boyes. Judgment for plaintiff, with costs. Handyside v. Salisbury, for £17 10s. Defendant not appearing, verdict for plaintiff, with costs. Handyside v. Taylor, Marshall Lovell, for trespass of

Settled out of court.

TO THE EdITOB OP THE ' NEL9ON EXAMINEE. 1

Sie — Allow me once more to trouble your wellconducted journal ; for, in Tuesday's Colonist, I see that the Editor thinks but lightly of the remarks made at the end of the report of the laying the foundation stone of the new Wesleyan chapel. I call them cruel, and I am not the only one of the same opinion, both among our Wesleyan and Baptist friends. The Editor blames the reporter, but I say, shamp on the Editor for printing it ; and it is my opinion that the Reporter and the Editor are not the only ones concerned in what I still call a cruel statement.

B. Ceisp.

P.S. " Musa's" remarks contain more fun than harm, although he says my remarks were uncalled for, &c. ; but I think that on consideration he will view the affair as I do, and at least when next he writes, be not ashamed to do as I do, put his own name at the end.