SUPREME COURT.

Poverty Bay Herald, Volume XLV, Issue 14571, 5 April 1918, Page 2

SUPREME COURT.

The case of Thomas J. Thomas v. James 8. Maclaurin, with counter-claim, was being heard at. the Supreme Court to-day. The earlier proceedings are reported on -page 7. Additional oviHerice was given as follows:— William Lissant Clayton, land agent, deposed to the property being placed m his hands for sale, and to accompanying Mr. Maclaurin and his son on the i nspection . The description on the . Government plan was discussed by Mr. Maclaurin and Mr. Thomas. As far as *witness > could see Mr. Thomas endeavored to give Mi 1 . Maclaurin a good idea of the nature of the country. He heard Mr. Thomas tell Mr. Maclaurin nofc/to. trust his (witness's) persuasive eloquence, but to use his own judgment. Witness had. heard from others that the, land fell away easily , towards the Koranga, and! had no reason to suspect that it did not.' The impression that was given was that the country fell m the •> direction the creek ran. . • .: \ To Mr. Btornard : Witness's instructions were obtained from plaintiff* He thought it .was implied that it ,was easy country, that the bulk of; it one could ride over and mqster Y pii horseback. Both, witness and Mr. Maclaurin suggested that the latter should fell from the. grass land down the IJoranga. „- ; Arthur" Trafford,- sheepfarmer m Waioeka district, 1 said he knew the property m question. His first impression .was that it was pretty steep about the hoiiise; but as they, got over the top and got" mto the bush country he ' f oniid .'. it wks much better, more level and better soil, than around the homestead. The present homestead would never do to wrfrk the whole homestead,, but the new site', if they could get a road to it, Vwquid make an ideal homestead. - He. -referred • to the 66-acre clearing. He did not, go down to the river to see if one could fret a road m. There did not . appear to' be any difficulty to him,; as a practical man, m workinsr the property. He would riot call the hill m the middle of the, property so steep as to make it unworkable. To Mr. Burnard : It was fairly steep, but not real stee)> country..; _Mf.. Burnard -• 71 r ou, come from the Waioeka, which is perpendicular country ?— Oh; I don't know. ; ;. The question is not so much as to the steepness of the hill, but a> to whether ■'-, it cuts off the rest of the property ?— QhI was not down there. -„■-•'; „.*.--■■ Tp:Mr. Bright: 1 don't' think this hill would be top. steep to ; drive -stock on, rJ&i- I *','* 8 yery hard to .judge the area withi the Wish on it. . :• ■ " - William Leslie Rutledge, sheepfarmer, Mqanui, owner of a property on the/opposite side of the river to that m ques* tion, stated that at the. latter end of last year he had agreed to purchase Mr. Ihomas s property (subject to Approval of the at , Pj er acre; l Jib transaction did not' tfb ' thr6nj?h, June found he was- not eligible. Witness mspected ; |hp. property,- going; .over » third of jfwith Mr. Thomas. ; He could see a s;ood deal of the balance from his own place. He would describe it as trooA hill country, portioSs of it stecn alontf the river and creek frontages, but the bulk of it compminir. long leading spiirgj mth, open valleys between^ ..Tjie, soura terminate tti places, with\^rupt points; "Jere outcrops of rocks areHo he seen! lne portion he Aras on was not lvincr toffii c B^vi.^ w #^ .a?evportioA furthei-'down the koranga ftftl^hafc towards the northern corner, wh/ich he believed; to, be ther: best part.of^theriproperty. He considered the present homestead .site, although not very convenient could qmte possibly be used with the - present grass land and . another 1006 acres. .After that it might be necessai* to build another homestead or at leaili an outstation. . He considered- the^6 acres was quite suitable- for a homestead station -^ sheep and C att] yards. fl[e could not identify the s^ep.hJUi-iovhiVh exception was taken. Undoubtedly^^ thepfe were -no difficulties to prevent the workJ "^ of * he un from the 66-acre «ite. ; . .To Mr. Burnard: He quite expected there^wonld be rocky steep knolls-thit was the general formation of the country m the district. A practical man would soon sum upthe general formation. .* He couU /not identify the partictilar '-pM and had only heard of the steep lace from hearsay. His .Honor :^ With that hill or 4e steep face combined would you consider the property unworkable ?— No h .Mr. Burnard : But he has not seen. th.c of^ eP^ r ty! Uthfe^ Seghthe^ To His Honor : Knowing what had been said about it he -would still consider it workable property.. .To Mr.. Burriard;:^ He would W consider workiiig^he^ property from tlie 66 acres until he had cleared 1000 acres. In the niearitame,' (had' he bought the .property, he should have worked it from hi*? place. He considered it ridiculous j-o call it a "mouri^;iri»sk' > .ihlthft middle. He could see plainly the leading spur from his property. •' Looking at it from witness's country it Jooked a table land with spurs Ifeadino- L i^^-' from it. - .-'■ ■ . -jl:S'. ' ■ Peter Clark, manages hi Mr. 'Rtitledge s property^ Moariui, described plaintifTs property as, good hiljy ; .countops. He thought the 66 acrls wonld be yery^good as a working : bise.:^ Tno workability of the property / would m pretty good. To his Honor : He.did not see any difficulty except what was - common to ill the runs m that locality T °i M i IV i: He h »«J been on top ° i hll l 23 t 5> n ' did 5 in©t seriously »ffect the workability oi the pro. perty. ' • v ■;- , ;* ■■ .Jo Mr. Burnard : On the M6anui J xs|* there was easy counjtry, and some 'fflk gomg towards the cheeks., He supposed vo^ d °- H ithi^lhe yicinitT of £2000 to construct a road to ihis M-acra Sit©, . \ . t .;\' ■ To his HoW : If .bne was goinff to work from this 66-acre base it would be obv,ot. s to a practical man th«t abroad must be made froih somewhere William Paltrjdge, of,, the government survey office, said he w^thV authorised assistant employed wdtti . Mr. Dalzfel m the cuttine; up of the property m , towards the Waiojeka,/ VAsAther*eJjaiest of plaintiff s property. Tlie Steepest portion of the Koranga w^s;-€w#'Y£ Witness would not call it "slopes? but steep ?how that it fell quickly to the river. lo Mr. Burnard : If wa^s ' a. gorge, but there were some pieces of flat. Run 89jwas the' test -Mm three grazing runs. Pra-ctically lialf bf the cmnntry lies to the sun, "anoSlhat was bhe easiest conntry. The south-astern portion was i ;the roiighest p.qrtion, Jhw concluded plaintiff's evidence. Mr. Burnard intimatedv that he desired to recaHMr. Macfenrin on several points. „ ... ' Re-called, ; Wimam. ,Spence Maclaurin said the spot suggested for the homestead sitp was on a flat top« -spur with » biff tbtara treason it^ ; ,. &&Ubw former ne.ffhbors su^^esfed it SI good sLte. Witnees^nf Clayton SeS conversed on, the of getS , i good road *t) thiß^poini wanelf *«ked him .what he thought a, flatwT nye Vj W)uld do as a stockyard - bnt -]£■ T«^T> II SSr?^? cd i ?te* hoe trouble was 'tte jhortage of building^ sites. Aftetr'm •epudmlion he met Thomas m IClaytoWis >moe, and it was there thaVTnoMa&%nsi vke « -on the characteristic u^tflib lature of the country; ■- : -nr ; i. To Mr. Lusk .- The difficulty was 4**. r ack, of sites for homestead' 'nnd-yWafe If -ho could not get anything better :*» would build his rhomesteacl^ sh^ftTt, itc, on< 12 acres. The 66 acres was ftoS ar from the river for the purpose r«* ' i bin ding site. Thomas mentioned it i« a "possible^ site, and. not . a "wutr ible ' site. Witness denied that fhoM. w. the Journey, said, ,"It: was charactwv sbio of the country, for stees .facing^cH • jhe river." Tlie statement %as mad^iisi Jiayton's office m toWh." " When, ras at poiot A on thfe^ river he sftw^e iteep face of the hill. «tJames Spence Maclaurin, defendants son of %hs previous witness, recalled^ ?o,v* similar evidence, .':'•' •'-! : (iProceefllSnsr^ ' v* ■

The Church Armiy lost •17 recreation tints durinsy the British retreat on- ttife West front,