THIS DAY.

Taranaki Herald, Volume XXXIX, Issue 8765, 29 April 1890, Page 2

THIS DAY.

Tuesday, April 2!).— Before C. C. Kettle, Esq.. R.M. The Court resumed at 10 o'clock on Tuesday, wheu Mr Hutchison opened the defence and called Walter Uewes, sou of the defendant, who stated he was what was termed a " nosy chum." He and his mother hud been out 8 months. They came out under Mr Courtney's auspices. He remembered February 1 last. There i were bush tires all around at that time, lie- [ fore February 1 a bush tire had come on their section from the back. The tops of the big trees wore alight iv their section ami travelling onward in the direction of their house. This caused alarm to him and his mother. He spoke to Mr Liardet a few days before February 1, and asked him if he had seen the fire at the back of their house, and asked him if he was not afraid of it. Mr Liardet replied there was no use being afraid of it. The fire kept [ travelling in the tree tops in their section. On February Ist he noticed the tree tops some little distance from the house were alight [ Witness here marked on a plan the probable advance of the fire in their sec on February I]. The wind was blowing toward Mr Liardet's on that day. It was a fresh wind, but not heavy. On the day preceding there was a very heavy fire arising apparently from Mulree's section. [Witness marked Mulree's section]. About 7 o'clock on the morning of February 1, he did some blasting assisted by au employee named White [Witness here marked the spot where the log lay]. The log was in a hollow near a creek, and rose toward Liardet's. They bored a hole in the iog, put in the powder, rammed the charge in with clay, and then the fuse was fired. White ran to leeward, and he to windward of the log. The blast opened the log. There waa a dew on the grass that morning, and the log lay in a hollow. They looked round before they wont to the House, and he found a piece of fuse to leeward of the log. He put the piece out. ! This piece with what remained in the log would account for the whole fuse. Thero was no sign of fire about when they left for the house. He was certain that all duo precautions had been observed in blasting the log. He was positive that there was no danger from the blast to the windward of the log. They went to the house after this, stopped about a quarter of an hour, and then went to milk the cows. When going down he saw smoke in their section, and in running to the placo he saw the grass on fire about half a chain to windward of the blasted log. He should say that the fire did not originate from the operation of blasting. He called White, and they tried to put the fire out, but they could not succeed in their endeavors. He could not s^iy when the fire got into Liardet's. The i fire went in that direction. The fire sub- ! sided on the same night. The fire had | spread over nearly all the front of their place. They lost all their grass seed. Ho had made a careful examination of the place burnt. On the boundary line between Liardet's and their place there had been a heavy fiie, and he traced the fire into Petersen's section. He knew that Mr Peterseu had been burning his felled timber for some days before Febiuary 1. The lire on Petersen's could be traced to this fire on their section. The fences between them and Petersen's and Liardet's were broken down by trees burnt down by the fire. He accounted for the fire in his place in this way : The fire in Petersen's had tired his grass seed, which had been slowly burning, unseen by him, for some time. The fire was half a chain from the log to windward when he first went on the scene. In the afternoon he saw Mr Liardet, and said to him it was a bad job. Mr Liardet said it was, and asked how it started. Ho said that lie thought it catno from the blasting of tho log. lie only surmised the fire came from the f iihe. lio was very much excited at the time. His subsequent examination of the place did not support his sunniso Liardet then told him that he would come down on them for about £100 damages. He had examined the back of Mr Liardet's section, and saw evidence of a fierce fire^ for as many an 40 new posts had been put in. The fire there seemed as if it had como from Peterson's.

By Mr Sauuiol ; His mother was registered owner gf, tho. place ' under th» Livid TraupfsT Art, Jh h«J no $awmni&ry

interest in the place. Tie did not remember telling Lehtnanu the day after that a piece of fuse from the blast originated the lire. Ho might have said that the cause of the fire was from the blasting. lie did not recollect telling Lehmann on February 10 that the fire must have come from Petersen's. The fire on their place and Liardct's was burning for a month afterwards. fc By His Honor : The nearest fire on the morning lie blasted the log was in the pine tops in their standing bush, about two chains in. lie had been blasting logs on and oil since he had baen up there. lie had never had accidents with blasting. The piece of fuse lie picked up that morning was smouldering, but the grass had not caught. He remainad five minutes at the log after he blasted it. Richard White stated he came out from England under Mr Courtney's auspices. He worked for Mrs Ilewes. On February 1 he saw trees alight in Mrs Ilewes' section. The trees were alight on the Monday five days prior to the lire. That was on the preceding- Monday. There was also smoke rising from Mulree's section. The wind on February 1 was blowing towards Mr Liardct's house. [The remainder of this witness's evidence was corroborative of the previous witness's.) By Mr Samuel : He had been brought up as a clothier and outfitter. He had been on Mr Marshall's farm near Inglewood, prior to going to Hewes'. lie had been on no other farms. By His Hunor : lie saw Mr Hewes put the piece of fuse out. He thought he put it out with his foot. Walter Hewes, re-called, stated that he put the fuse out with his foot, and then carried the piece away with him. He did not remember what he did with it. John Irvine, carpenter, stated he worked at Mrs Hewes' some days prior to Feb. 1. He saw evidence of fire in Petersen's. He noticed that the fire in Petersen's was coming down gradually on Hewes' farm. He had no doubt about this, as Mrs Hewes was always calling his attention to it. The fire was on Hewes' section some days before February 1. He was on the ground on Sunday, February 2. and inspected the place, and formed an opinion of his own. The wind was south-west on Sunday. If the fire originated at the log then it had travelled ten chains against the wind to tlife bush. He noticed a continuous mark of fire from Petersen's to Mrs Hewes' place. He had been S years in the district, and had seen plenty of bush fires. He owned a busli section all the time he lived at Stratford. His opinion was that the fire that swept Hewes' and Liardet's came down from Petersen's. The fire could not have travelled back from the blasted log. By Mr Samuel : He formed his opinion on the direction of the wind. Savah Hewes, defendant, stated that she bought the section for her son, but she had not transferred it to her son as her solicitor, Mr Richmond, was away at the time. Her son had complete control of the place. Pior to February 1 there were fires in Malone's and Petersen's. The fire kept coming on from tl.e latter place every day, and she got afraid. The smoke got daily denser, and the tree tops were lighted. On the Friday night the fire had got up near the clearing, where her son had grass seed. The log which her son blasted lay in a hollow out of sight of their house. When she heard of the fire she ran down to Liardet's for help, but Mr Liardet was out, and Mrs Liardet said she thought nothing could be done. She borrowed a billhook to cut the grass, and they did all in their power to stop the flames. She told Lehmann that the fire had probably started from a spark from the log, but she did not know what was the cause. She w.is much distressed in mind, and was excited about that time. A Maoii, who spoke very " bad " English, taxed her with burning Liardet's grass seed on the day of the lire, but she denied the imputation. By Mr Samuel : She told several persons at different times that the fire might have come from a spark from the blasting of the log. By His Honor-: She could swear that at the time of the fire she had really no interest in the land, but it was her son's. This was the evidence. Mr Hutchison then addressed the Court. F /Mr Samuel followed in his address, and His Honor then intimated that he would reset ve judgment till Friday. The Court rose.