THE PAPAITONGA LAKE ESTATE.

New Zealand Mail, Issue 1204, 29 March 1895, Page 25

THE PAPAITONGA LAKE ESTATE.

An action brought by Sir Walter Buller to recover .£IOOO damages from William Jillett, farmer, in respect of injury done by fire to the native bush on the Papaitonga estate, was commenced in the Supreme Court on Monday. His Honor the Chief Justice was on the bench, and the following special jury was empanelled : —David Thomson Stuart (foreman), Thos. Courtenay Gibson, Thos. Hardy, Edward Barber, Eobt. Holliday, James Patterson Hutchen, John Chapman, John Berry, Henry Wm. Yeoman John Wilkins, Sydney Clark Barraud, Henrv Fredk. Davis.

Mr "Edwards appeared for the plaintiff, and Mr Menteath (instructed by Mr Ward, of~Otaki) for the defendant. Mr Edwards, in opening the plaintiff's case, said that about 60 miles from Wellington on the Manawatu railway line lay the Papaitonga Lake, which was remarkable for its beauty. It had been chosen by Sir Walter Buller as the place to which he proposed to retire and make his home. It was, in fact, a place of such remarkable beauty that in 1862 the plaintiff was selected by Sir George Grey—whose taste in such matters was well known— to acquire it for Sir George Grey himself. Struck by its singular loveliness, Sir Walter Buller had since purchased ifc for himself and for his own residence. He had done his utmost ever since to preserve the natural scenery and the beauty with which the place was

lowered. He had spent a sum of J 54000 in t Improving a comparatively small property, .and had succeeded in forming- a home Which for beauty was unique in this .district. Besides the advantages which i the natural bush possessed, it was a ■ breeding place and a natural protection for ■ the native birds. Sir Walter Buller was a ■ great authority on the of New Zealand, and therefore he was not only desirous' of preserving the beauty of the ■ scenery, but anxious also to preserve the native bush as a kind of sanctuary for the birds. In consequence of this care and the '; fac# that the plaintiff never allowed a shot ■to p& fired on his property, the birds had increased in great numbers. On the Ist February last, the defendant, who owned a • property to ■ the south of the plaintiff's, lighted fires among some 200 acres of bush , which he had felled, and as a heavy Southerly wind was blowing at the time, the " fire spread to Sir Walter Buller's Papaitonga property, where it did irreparable damage to the hitherto carefully Ipreserved native bush. S6me of the trees Jin this forest were centuries old, iVand it was a well-known fact that faative bush could never be replaced once |it had been destroyed. Not only had a \ scene of beauty been converted into a scene of devastation, but the plaintiff had lost I valuable bush, and had had his fences v burnt down. He therefore claimed .£IOOO by, way of damages.

, H |The defendant, in his statement of de,„,;ience,:denied that he knew the plaintiff preserving from destruction the , i,t&sss and shrubs upon his property. He iadmitted that he had cut down a quantity .of forest trees and vegetation, upon a portion of his own land, and that upon the -"lst of February these trees and vegetation being in a dry and inflammable condition he caused a fi r © to! be lit among them. On the morning of that day a heavy southerly wind was blowing, but shortly after noon the wind changed to the westward, and ceased to blow from defendant's land towards that of the plaintiff. The southerly wind was not blowing at the time he lighted the fires, and the defendant denied that the fires lit by him spread to plaint tiff's lands or did any damage whatever to 1 the plaintiff. Evidence was given by Sir James Hector as to direction and force of wind on j Ist February; by Edward Tregoar, secretary of Department of Labour and authorised surveyor, as to the nature and extent of the damage done by the recent fire to Papaitonga; hy- A. P. Mason, authorised surveyor, and Henry Wright, - manager of the Commercial Agency Company} also as to nature and extent of damage. C Grace Royal, a Native, deposed that the fire which destroyed Sir Walter Buller's place came from defendant's land. : Richard B. Gore, meteorological observer, deposed that on February Ist, in Welrlington, the wind was blowing strongly from the south-east, changing to the south \in the afternoon. Rangitawhia and K. Romaina described how the fires were lit, and the direction in which the flames spread. . At this stage the Court adjourned until 10 O'clock next morning, • The hearing of the action was continued yon Tuesday and Wednesday. Evidence for the defence was given by Henry A. Field, native interpreter, Waiianae; John Bell, land valuer; John Mit•ijhell, farmer, Porirua; F. A: Majendie, ; farmer, Ohariu Valley, and Wml Jillett, /the defendant. The jury retired at 5.45 p,in. and returned into Court at 6.30 with a verdict for the defendant. Judgment was • 'accordingly entered' up for the defendant . with costs according to scale.

At; the Supreme Court, Nelson, on Friday Thomas Birkett was found guilty of assaulting: a married woman, and was. sentenced to a year's imprisonment. (/■ At the sittings in Auckland, Frederick Edwin Good, charged with cattle stealing, was sentenced to 12 months' imprisonment. Seven prisoners chargedwith perjury arising out of the Bowden case pleaded guilty, and sentence on them was deferred.

Mr Justice Richmond has given judgment for the defendant with costs in the case of Mowatt v. A. E. Exley, a claim for £251 9s 3d, price of a quantity of wool purchased by plaintiff, as agent, as he alleged, for the defendant. Mr Menteath was for the defence.

Sitting in Chambers on Saturday, His Honor the Chief Justice made an order on of the widow of the late Mr R. N. ; Reid, bank manager, • Palmerston South, directing that 225 shares in the Bank of New Zealand purchased by the trustees of deceased's will (Messrs Adams and Reeves, of Dunedin) should be declared to be their property, and that they should refund to the estate the sum of £7ll 7s 6d, the cost of the shares. Mr Young appeared for • Mrs Reid and Mr Skerrett for the trustees.