DISTRICT COURT, INVERCARGILL. INVERCARGILL, March 20.

Otago Witness, Issue 2404, 29 March 1900, Page 9

DISTRICT COURT, INVERCARGILL. INVERCARGILL, March 20.

In the District Court to-day Judge Ward heard the appeal case John Henderson and William Little (Waikaka) v. •Charles Todd (Heriot), against the decision of Warden Stratford. The appellants are the holders of a water right on the Little Waikaka. The warden granted Todd a license to divert water from the said channel, and appellants now objected, on the grounds that they held a license for water and that diverting it above their claim would be detrimental to them ; further, that the warden had no jurisdiction. His Honor said he could not see how Todd could use four heads of water and return it to the channel above appellants' claim without using any of it. There would be some waste. It was clear that appellants had the first right, and no subsequent grant ought to interfere with them. Counsel for the respondent contended that he had a right to divert water so long as he returned four heads to the channel four chains above appellants' claim. His Honor upheld the appeal, but granted respondent four heids as a second right, with costs (£2os 13s).

Thomas M'lnerney, hotelkeeper, Riverton, appealed against the decision of Major Kcdde.ll, S.M. , convicting him of having suffered an unlawful? game to be played in Ms house — namely, throwing dice for money and liquor. The facts were that a party of men decided to play a " shilling in," and that M'lnerneV went for cards. In his absence one of the party produced dice, and when M'lnerney returned with the cards they had finished the game and handed him the money for drinks. He denied knowledge that dice were being thrown, and it was admitted that he was angry with the men for doing so. The question was whether he had knowingly suffered the game to be played, seeing he had only seen the last throw, and had protested. His Honor said the evidence of all the witnesses but one was that appellant was not cognisant of the fact that dice were being used, and the conviction would be quashed. No costs Avere allowed.