SUPREME COURT.

Poverty Bay Herald, Volume XXXVII, Issue 12410, 21 March 1911, Page 5

SUPREME COURT.

(Before His Honor Mr Justice Chapman) GLAUM FOR DAMAGES. c^ 6 «? f T H " C ' Jackson and anbther (Mr W. L. Rees, with' Mr Stock) v. Robert Knox (Mr Burnard) was continued yesterday 'afternoon". ' ■John R. Hurrey, station manager for the Hon., Oapt. Tucker,: ahu) gave evidence regarding, the bush. /He stated *■"**. he/was once offered the' bush for nulling, v.but declined it, there being 1 nothing m it, He did not "consider defendant dottW-have felled the ' bush and have done less damage to the puriri trees. . . John Harvey, carrier, ; considered that defendant had adopted every reasonable precaution to preserve the puriri trees.. . * *Cnis closed the hearing of evidence 'Mr Burnard submitted ,, that the evidence he had called > proved that defendant had taken every possible pre--, caution, and any damage resulting was the smallest modicum of damafce, and could not have been prevented. 'As 'defendant was entitled to some 5000 poets, and only 600 or 600 posts haid been destroyed, piaintiffs, assuming their reading of the lease, had 4 nothing to complain of. Mr W. I/. Rees, m replying -contended that the intending lease by Noa, giving. Knox occupation was a breach of coveh* ant v Ho. submitted Knox was a tresmore, njCrwas JT^lresDasser under' the Native mnd Act. Even had both 2 , the Natives Svited defendants he woiifcL still be a treßjteaser against vth* ReceivW'and the owngrs. Counsel commented, upon the factlthat jNoa^had not been calleff as a wi^s,, ©elendant^he^ecJaied; had no right to cut down and destroy the timber on the land. Counsel declared that it was impossible for Mr Field and others to have examined all the -"trees, ; destroyed, m. the time . taken. He submitted the contract was void, the occupation was illegal, filid every action was/a trespass. His Honor reserved judgment.