MAGISTRATE'S COURT

Oamaru Mail, Volume XXVIII, Issue 8287, 16 September 1903, Page 4

MAGISTRATE'S COURT

YESTERDAY. (Before Major Keddell, S-M.) The following 13 the- conclusion of onr rgport in the case Williams v. Porter, claim £lO dansuKS, for trespass: Plaintiff, re-called, explained with regard to wbas M'Fadgen nad said about providing grass e«d what wad said was when ha and M'Fadgen w<.re together in a hat M'tadgon remarked tFiat sooner than have a Court case he would pay for the grass seed- He (ptaintifi) had two foals which he thought tioreof than the others, and he was doing more for those, bat he- had five others in another paddock. , . ._ This- closed th*> case- for the plamtitf. 3lr Leo asked for a nonsuit oa the. grounds fij t ha£ plaintiff" had not sole occupancy of ' the land, (2) that the shetp were put on j the land "the first night and might have be«R pot there a second night by permission of M'FadgMi, who had not given np cccxrpancy of tht> Istkl. Counsel (juokil cases to support this contention. Mr Crawford replied to tii-j point at length. M'Fadgen kiad been and was receiving monev and work for the land, and therefore had" not the right if he so wished to give Porter permission to put sheep oil. the land. His Worship said there was a case to answer, and reserved the nonsuit point. Mr Lee thou called Ralph Porter, hotelkeeper at Glecavy, the defend aat, who said he never asked •Williams for a paddock onthe 10th August, and had no conversation with Williams that day at all, being up at the saleyards and serving customers. What Nicols said was untrue. What he did with Matheson was in consequence- o£ wiiat Russell had said. At tbe. time the sheep were put in the paddock he had no knowledge that Williams ti.-wT expressed the wish that the sheep should not go to M'Fadgen s paddock. Had he known of this he would quite as soon have -put the- sheep in the domain paddock, a3 it would have suited equally \vol!._ When putting the sheep in to M'Fadgen s paddock the latter asked whose sheep they were. Witness replied that they were his, and asked where tfle key of the small paddock was, and told himi Williams had no right to put the sheep in there. itness turned back to get- Matheson to take the sheep out again, and M'Fadgen then asked how long the sheep would remain. Witness said only one night, and M'Fadgen said they could remain, as there was nothing to damage there. There, was no green feed in the paddock, and witness went down again at 12 o'clock that night and saw t'-e sheep, which were all lying in one corner. About a fortnight after he met Williams, who threatened to sue Russell for damages. 'After lie got the summons he went over with Russell to see M'Fadgen. Williams wa3 there, and said that he would not have brought the action only he_ was in a rage. M'Fadgen said it was a piece of nonsense to bring the action, as V* illiams had no right to the paddock. He said Williams had a right to graze foals there- at so much per h'<id. M'Fadgen said that Williams was supplying grass seed, but that he was paying for it. The usual price paid for paddocking sheep was Is per IC-0 per night. He did not consider any damage was done, but on the contrary good was done to the land just prior to ploughing. M'Fadgen said the land should have been ploughed three weeks before then, and Williams did not reply that he intended to graze th_foals there until September. To Mr Crawford : He did not know that Williams had the domain. There had never been any conversation about the gates on tha domain or to the effect that he had given too much for the leas;-. He sav» WilHams on the Sunday morning. lie knew nothing, even now, about the fences' on the domain, whether they. are_ good cr > bad. M'Fadgen said nothing to him about Williams keeping the grass for the foals. The sheep were- fat off turnips, and being full did not want feed. John Matheson, drover and shepherd, said he went with Porter to put the sheep in the paddock and saw M'Fadgen talking to Porter, but did not hear the conversation except that when th-y came to t ungate ho heard M'Fadgen say the sheep would do no harm there. Ke then v.vat home, and understock Porter die! al.-o. He was cot Inside the paddock, and couid not say if there was feed there or not. sown oats would grow a little during the winter snow. There niiiht be feed there, but- he- could not really say its value. William Rusrell said he was a: the hotel on the 10th August, and coming from the yards saw Williams, ar.d asked him about a paddock, the- latter repli-d that he could give him one. That was all "ha: occiiired. In the hotel witness asked Williams again for a paddock, and Williams replied that they could have the domain paddock. M"Fac!<ren"s paddock was never mentioned, nor any thins about the fetd being reserved for foals in M'Fadgen's paddcck.__ Fat sheep would not harm a paddock. V, itness was acting as Porter's agent, and conveyed th - - information to Matheson and Porter. Subsequently Porter told him he had receiv-.d a letter" from Mr Crawford, and he saw Williams at th;- sale yards, and .-akl it was a triding thing to take action upon a mistake like that. Williams re-pli-d that he would go on with it. Witness afterward*, went with Porter to see M'xa-Igen. ai.ci M'Fadgen said that Williams ought not to have brought an action upon that, as had or.ty riirht to graze two foals. He s.i-.v Willi.V"-; and to'.d him this, and W iili-:;r, 5 said. "Come and let us see- 3-1 [-'adgen tncether.''and when they wen.. MFadgen re-p-ar.-c! what h-- had said. Wiilianis wid. "Am T not to buy grass «i--.d!" M'Fadgen said something about buying th'?t himself, and afr> rwards Williams -- - would i-1 Port-- oft i f li: i:c- f.--r th, urass s- ed. Thr.:--a? C.:r:oran. Glene presort* at tl; • liotel on tj. d;>y went -o ary> heM V> tell R>< 1' he would give hi-:! - • jwddn'-k behir.-* M'Fa-ie- n - house. Ti-e feed h. re. The frost !:ad icu-Hers-d v.-it.-i it. To Ir r f""n-.vf ---d : Tho fros: v.-miid r-u have k—:e • ffe-ct upoa uil> m upon --ra"-. Da--i-' C»rb---tt. Hilderthorp'.. said _Lfenew M'F-de-.-n's- paddock }es-.ir:g alone • h-.- r.a'l. He would <-•■• -:n!v say theiv- n--' ro gr-en fe«l ti;-.-: - the- 10:1: Autre . "-.im what he- had i- .'rd of lire evid- -!> was sure- that r.l;-.- -p jiu: ■won '1 r. : .-nd than - Ti;<—n. To :-'r C-wf,ii.-{: He had a-!-:- ■" Wnih-is for f* • t>vT " f >r a a' l r-pl : • -t- V- ciaid Wit'giv-.' r. : at-;.r.-.it!f! l't he 15 -v rsna's Ilvtn it the 1- 'r b--r. j i fur ■wee!"- "c "ihl K? an .iv. r' n> ;e: sheep r-r " ' r -:i" ni.dit. 'I »■ --' ss v-f.'iu K- r- ---r' ; d-. htu •: - st-oy 't- v.-;-uid •{>.•!> : • tit - ther 'W i, -vou'u h-.- I- it !>: ;i - fit d : - Co-'.-! -''d.-.-e-d the C.-U" , and !:> Wors' ';> -"erv.-d judgment.