Warkworth S.M. Court.

Rodney and Otamatea Times, Waitemata and Kaipara Gazette, 11 September 1912, Page 5

Warkworth S.M. Court.

Before Mr Eawson S'M, (Continued.)

It was customary to thresh a second time. Dunning threshed his seed the < same time as they did. It lay in the paddock about the same time but in smaller heaps. When they examined Dunning's heaps they were wet through. Though the second dressing would be easier than the first the seed would have to be cleaned too. He cut danthonia on Mr Clarke's place last year. He did not thresh it a second time. Would have done so but the wind blew the heaps about and scattered the seed. The seed from the second threshing is a shade darker; but when mixed with the first threshed seed it fetches the same price. Have generally threshed a second time as it is the most profitable way of saving seed. During the six weeks after the first threshing the weather was satisfactory. Def endanfc made no complaint at the seed being left so long- Had been saving seed for 10 or 11 years. The leaving stacks for six weeks was quite good farming. Albert Wyatt corroborated the evidence of the first witness. Dunning saw him by the Leigh Hotel and told him of the fire. He said "By jove I've just about ruined you fellows. I've burnt the seed." He said he was sorry it had happened.

Crossexatnined: Did'nt know whether.Dunning was serious when he said he had ruined them. It was the usual custom at Leigh to thresh twice.

Angus Henry Neeley corroborated the previous witness statement about Dunning ruining them. Dunning was smiling when he said it.

0. E. Gravatt related the details of cutting the seed. His explanation of why their stacks were valuable while Dunnings were not, was that their seed stems had been covered up before threshing, while Dunnings left his out in the weather. Their stacks being larger turned the rain better than Dunning's small heaps. The fire took place the day after the Omaha show. They offered to lose £12 if Dunning would pay £8. Dunning said the offer was no good to him.

Waltor Frearson deposed that be had cut, saved and sold danthonia seed for the last ton seasons. He saved 1£ to 2 tons per year. No one in Omaha does more grass seeding. Last year he threshed three times. The most profitable way was to leave the seed stems out for five or six days after cutting and then collect and place under shelter. After first threshing leave in heaps for a month or six weeks provided tli6 weather was good. A little rain would help the seed. Danthonia costs about sixpence alb. to cut, thresh and clean. If the grass was not put in a proper heap, six weeks would see it ruined." The bigger the heap the better. A. Wyatt worked with him for many years. He is a good workman and ought to be able to stack grass properly. The plaintiff's case closed.

For the defence, the first witness was W. J. Dunning. Witness denied he had told the Wyatts only half the seed was extracted with their threshing. He overheard them say they would thresh a second time. He asked A. Wyatt how much he expected to get from a second threshing and he said about 150 lbs. The straw was thrown into a hollow as though they had finished with it. It remained 40 days from the threshing till the fire. When a month had elapsed he thought they were not coming back. He had never known a contractor to thresh twice yet. The market for danthonia was brisk in January and February, but after that was practically unsaleable. There was very little difference between the size of his heaps and those of plaintiffs. He was only jokiug when he told Wyatt he had ruined them. When thoy asked £20 damages he said there was no damage. Was almost certain seed was unsaleable when the fire occurred. He offered them his stacks, but on going to look at them found they were rotten.

Crossexarained : The evidence of the plaintiffs regarding the remarks about the quality of seed left in the stems was not true. He went down specially to tell Wyatt about the fire. Did not state the seed stems were rotten in case they would argue. Did not tell plaintiffs when they came up and made the claim that the seed stems were rotten and •> worthless. He did not answer plaintiffs solicitor's letter stating the seed stems were rotten and worthless. The first time be had stated so to plaintiffs was in his evidence that day.

Daniel Kempt only once heard of danthonia being threshed a second time. He thought it wouldn't be honest to thresh the deed stems a second time. He would think seed stems left for six weeks last season would be rotten. He cut his grass about the same time as plaintiffs and put the straw in a heap about three feet high and ten feet wide. It was spoiled by rain in a fortnight. John Greenwood deposed he had been 40 years at Leigh. Had done grass seeding for 7 years. Did not consider it customary to thresh danthonia a second time. Tho weather was very unsettled in January and February. He lost some paspalum seed through the rain. Was sure grass would be rotten if left out the latter part of last January. It cost 4d alb. to save and clean danthonia.

Arthur Lewis Greenwood deposed he harvested dantlionia seed for the past ton seasons. There was a great deal of difference between the two sorts semi-annularis and had not had much experience with the seed plaintiffs were saving. Only knew of Mr Frearsoii threshing seed twipe.

DavicTTbdd of Matakana 'has never

saved danthonia seed. Harvested 50 acres of rye seed last season. There was a good deal of showery weather in January and February. His experience was that one nights rain on a heap left without covering or stacking would suffice to end the lot stacked as carefully as he could one year and one night's rain rotted the grass as far as it entered. He intended tore-thresh paspalura last year, but the rain spoilt it.

Crossexamined : The 1 rain was in February. He was not responsible for any difference between the Matakana and Leigh rainfall. E. J. Wyatt recalled stated there was- only one night's heavy rain just before the Omaha show. Had the seed stems rotted, they would not have burned, but only smouldered.

Henry Philips, schoolmaster, gave the rainfall iii December, January and February last as recorded by him in Warkworth. Rain was local in summer months but the average between Leigh and Warkworth would be about the same.

In summing up the Magistrate said the only week point in plaintiffs . case was the fact that none of them had seen the hay from the time of the threshing. From the evidence he judged the stacks were worth £14 from that sum he would deduct £2 as loss owing to damage by damp. Verdict for £12 and costs £13 9s.