S.M. COURT.

Patea Mail, Volume XLIX, 30 November 1928, Page 3

S.M. COURT.

WAVERLEY

SPECIAL SITTING. A special sitting of the A\a\erle;. S.-.M. Court was held on Wednesday before Mr. J,. S. Barton, S.-M., for the purpose or healing the claim of Air. J. R. Hopkinson (AVaitotara) against Mr. E. Butterwortli and others for £3O for logs removed from plaintill s propert v, foil for irespassieg and dninages, and £1 lor wilfully retaining posts belonging to plaintill. Plaintiir was represented by Mr. I. E. Roberts and defendants by -Mr. Treadwell. John Ruth Hopkinson, plaintiff, sworn, in giving evidence, said he had been on his farm at Waitotara over 12 months, the river forming a boundary at certain parts. In July last he was informed that defendants were remo\ing logs at the risk of undermining his bank. The present case arose out uf the defendants’ intention to carry on doing so, alleging that they were iloing no harm to the plaintiff’s property. In answer to a question Mr. Hopkinson denied having given any person any right to remove logs from the river. Frederic- JMmes Hopkinson, sworn, said he worked on his father’s farm. In January last ho and R. Bates had noticed logs of considerable size and value embedded in the bank on his father’s property. He was of the opinion that these logs had previously been growing trees. In July last he came on Butterwortli and Letts Bros, at work on these logs, and told defendants not to remove them. Butterworth said they were looking for firewood. Excavations had been made in several places covering a distance of three or four chains.

Questioned by Mr. Treadwell, witness denied telling Letts Bros, they could get more totara further up the river. He stated that the bank was of a. very hard day, necessitating big excavations in order to remove the logs.

Frank William Tindall, constable, stationed at Waitotara, gave evidence and said that (previous to plaintiff calling on him he had already seen one defendant, Lett. He could not give Lett any definite advice, but advised him first to interview plaintiff before moving any timber. Eonald John Bates, carrier, deposed visiting the scene of the logs in company with Hopkinson, jnn. He estimated that about 300 posts could be obtained from the logs in question at 2s 9d each, but it would be necessary to excavate to get them. William Holloway, settler, gave evidence, and said that while planting willows some years ago lie had noticed logs in the river.

Mr. Treadwell asked for a non-suit and pointed out that the claim was laid against Buttcrworth and Lett Bros., whereas he could prove that no work had been done as a partnership affair. Leonard Buttcrworth, sworn, denied ever having entered into any work in partnership with .Letts Bros., but had removed firewood from up the river. Bernard Francis Letts, in answer to a question, said that he and his brother had taken logs from up the river, but not in partnership rvitli Butterworth.

Mr. Roberts appealed against Mr. Treadwell’s plea for a non-suit, and further evidence was called, Mr. L. Buttcrworth being again placed in the box.

In answer to a question by Mr. Roberts Mr. Buttcnvorth admitted borroAving a crowbar from Letts Bros., and that timber jaoav in his yard had come from the locality under dispute. After revioAving all the evidence before him, the magistrate reserved judgment in view of Mr. Treadwell’s submission.