LAW AND POLICE.

New Zealand Herald, Volume XXIII, Issue 7773, 20 October 1886, Page 3

LAW AND POLICE.

SUPREME COURT.—Civil Sittings. Tuesday. [Before His Honor Mr. Jnstice Ward and a common Jury of twelve.] HORI KORAKANUI AND OTHERS V. HENRY Lane Aotion to recover £1100 13e 9d, value of certain kauri and other trees. Mr. Forward and Mr. Palmer for the plaintiff*, and Mr. Cotter for the defence. The case had been before the Court the greater portion of the previous day, and a number of witnesses for the plaintiff were examined. The plaintiffs, we may again state, are the native owners of certain land in the Bay of Islands diatriot, the Waikino block, and they sold to the defendant the right to cut kauri timber off it, on an agreement by which defendant waa to pay 25s for eaoh treewhioh measured 2\ feet in diameter. The dispute was as to whether the measurement should be the diameter at the stump, or that half way np the trunk, the plaintiffs claiming the former and the defendant the latter. Qeorge Young, bush manager, Warkworth, was the first witnees called to-day. He said he had 16 years' experience, and that the measurement under suoh an agreement as the present would be at the stump, where the tree was cut down. He had cut down timber under a similar agreement with native owners ten years ago, and they were measured at the stump. In buying a log, it would be measured in the centre in order to ascertain the number of hundred feet it contained. The witness was also examined »s to what was a hollow tree, and what a rotten tree, and also ae to the value of totara trees and other timber. In cross-examination by Mr. Cotter, the witnese said in reference to the agreement under which he cut down, referred to in his evidence in chief, he would not swear that it was not specially specified that the measurement was to be at the stump. Wiremu Potou, one of the plaintiffs, and Graham Potou were also examined. This closed the case for the plaintiffs, and Mr. Cotter opened the case for the defence, and called James Hammond Greenway, clerk to the Resident Magistrate's Court at Russell, who wrote the agreements in evidence. Hβ then had some money in Mr. Lane's business, but sold out about two and a half or three years ago to Mr. Lane's brother. Hβ remembered paying certain moneys to the natives. Lane and the natives came to him regarding the dispute as to the measurement of the trees, Mr. Lane contending that the trees should be measured in the centre of the trunk, and the natives that they should be measured at the stump. The natives agreed to accept the measurement of 3 feet at the stump; that is, that they should be paid for all trees exceeding 3 feet at the stump for a 2£-feet tree. About the exaot 3 feet, one native asked who ahould have those trees, and Lane said, " There won't be above a dozen such trees ; you oan have them;" and they went away to count the trees. Witnese did not aot as arbitrator, only as interpreter. At the beginning of last year he had another interview with the natives and Mr. Lane, but up to that time there was no complaint by the natives as to the 3-feet stumpnot until after the seoond count of the stumps—and then they claimed to be paid for the 2£-feet stumps. Hβ reminded them of what had been agreed to in 1882. They did not deny thie, but said they had altered their minds, and wanted to be paid for the smaller trees. This witness was cross-examined by Mr. Forward at some length, but his evidence was not shaken. William Adamson, bush contractor, who, in 1882, was in defendant's employ on the Waikino block, gave evidence as to the count which took place between the natives and him, aoting on behalf of Mr. Lane. The natives used a brand, " W.P." At that time trees less than 3 feet in diameter at the stump had been cut, and the brand was only put on those 3 feet and over at the stump, and none put on those under 3 feet. When the natives came to a stump under 3 feet they generally said they belonged to Mr. Lane. If a standing tree were sold not exceeding 1\ feet in diameter, the custom of thti trade was to measure it at the centre of the barrel. In removing the timber from this bush he only cut down the trees that were necessary for making roads, and only kauri trees were taken hy Mr. Lane or himself. Mr. R. Monk, manager of the Meroury Bay Sawmill Company, gave evidence as to the mode of measurement of trees. Mr. Edwin Mitchelson, merohant, M.H.R., gave evidence as to the mode in which he had been accustomed to purchase trees. He bad never heard of trees being purchased by measurement of the stumps. Measurement should certainly be made in the centre of the trees. Mr. Toms, bush contractor, described how he had gone round with the natives and counted the trees. The proper way to measure trees wae to add the head and butt, and take half. R. Bramley, bush contractor at Whangaroa, said the measurement of a tree should be in the centre, and that had always been hie experience. Henry Lane said that he supposed the measurement was to be in the centre of the tree. This was all the evidence. Mr. Cotter and Mr. Forwood then addreseed the jury. His Honor, in summiDg up, said it was for the jury to say whether more trees were out down than were requisite to get out the kauri. As to the kauri trees, the question is whether it was agreed that the diameter 3 feet at the butt should be taken as a2& feet tree. The jury must remember that the Maoris had made no objection for three yeare. The jury then retired, and after an interval of 20 minutes, returned with the following verdiot:—" We agree that the understanding of a 3-feet stump be the meaning of a 2 feet 6 inch tree, and that the defendant has only followed the usual rights of bush contractors in clearing space for roads, and the question of hollow trees has been paid for in the sum of £175 on the second agreement." The Court adjourned at a quarter past six p.m. till ten a.m. this morning. POLICE COURT.— Tuesday. [Before H. O. Seth Smith, Esq., B.M.] Laboeny ob . Money.—George Russell, on remand, was charged with stealing three £1 notes, two sovereigns, and two half-sove-reigns, moneys of Geo. Win. Thornton, on October 13. This was an indiotable case, which Sergeant Pratt oonduoted for the prosecution. The accused wae undefended. George William Thornton, farmer, Kaiwaka, deposed that he was a boarder at the Governor Browne Hotel since Ootober 6, and occupied bedroom No. 22. Accused also lodged there. Witness retired on Tuesday night last, and to his knowledge he had £6 in his purse, consisting of three one-pound notes, two sovereigns, and two half-sove-reigns. The puree produced was his property, and he left it in one of his pockets. His clothes were on a table alongside the bed. Witness setting np about six o'clock, found his purse on the table, but the elastic band was gone, and the £6 missing. Detective Doolan inquired of the accused who the money belonged to, whioh he pulled out of his pocket and placed upon the table. Accused said it belonged to witness, and the amount was £5 4s, being made up of £3 in notes, two sovereigns, and the balanoe in silver. The money produced was that placed upon the table by Russell. David Dunningham, licensee of the Governor Browne Hotel, deposed that Thornton and the accused were boarders at the hotel. Accused occupied room No. 19, being near the first witness's. Russell could not pay his board at the expiration of a week, and asked permission to stop at the houee till the arrival of the mail. On October 13, Thornton missed hie money, and, as Russell was spending money very freely, suspicion fell upon him. Deteotive Doolan inquired of accused if he could account for tho money he was spending. He replied, "I took it out of that man's pocket or pocket-book." The detective asking to whom the money belonged, the accused placed it upon the table, and said " to that man," pointing to Thornton. The acoused pulled out the sovereigns and silver first, and then produced the notes from the billiardroom. Detective Doolan arrested the accused, who said he took the money out of Thornton's bedroom. This was the case for the proseoution. The evidenoe was then read over to Russell, who, on being warned in the usual way as to any statement he had to make, said he had nothing to say ia defence. His Worship then fully committed the accused to stand his trial at the Supreme L'ourt Criminal Sessions.