SUPREME COURT.

Timaru Herald, Volume XXX, Issue 1481, 20 June 1879, Page 2

SUPREME COURT.

TlMAßD.— Thusuday, Jukb 19th, (Before His Honor Mr Justice Johnstone.) Civil, Session. George Court . v. Michaal Studholme — Claim of £1000. Messrs Jbynt and Hamersley appeared for the plaintiff, and Mesars Maoassey and Jameson for the defendant. His Honor took his seat at 10 a.m., and the examination of witnesses m the case was resumed :-r— Mr Mecassey . asked leave to recall Mr Adams, who wss examined on the previous c ren ing, as he wished to ask him some questions. The application was granted. A. Adams, recalled : It was not under my instructions that the fire at the bald spar was marked on the map. I believe it was done under the direction of Hunter. I cannot say that I have aDy recollection of a fire at the bald spur at all. William McLeod : I am a shepherd m the employment of Mr S'.udholme. I was m the same employment m November last. I was head shepherd of seven. We went out mastering on the 7th of November last. We commenced on the north-west corner of the run, about five miles from the Waimate bush. Our object was to get the sheep down to the station. The station is farther from the bash than the Waimate township by about a mile and three quarters. The nearest man was. very close to the- both sometimes. We were mastering on the ranges on Monday, the 11th. William Grierson was between me and the bush. We camped that night on the top of the range. We were coming between two and three miles a day towards the station. (We were spread over a. width, of five miles, and we could not see one another. We signalled to each other sometimes by lighting a tussock, which is the ordinary! way-, of signalling among shepherds. We had no instructions from our employer to signal m that way. He was not present when we lit the fires. We bad oar own matches, but the packman who accompanied us carried matches and when we ran short ha supplied as. Grierson would have to go to the end of the baih occasionally. On Tnesday, the 12th, he signalled, to me between fire and six o'clock .m the morning, and three times daring that day. We generally light these tussocks, and go on without taking notice of them, bat let them barn on. F»r the last 15 yean signals hare been done m the same way. . To Mr Macassey : I cannot say whether the packman supplied us with matches. I have been fifteen years m Mr Stadholme's employment. The recognised time for borning is the latter end of October, and the first of November. The method of signalling is a common one, and ha* been practised since first I came to the country. I saw a fire at Brayshaw's bush on the 9th. That ir the fire that is now called BnieeVflre. I saw smoke issuing from it. I had not seen any ether m the bush for two months prior to the 15th November. Most of y the shepherds smoked. ' I have often seen fire on the ran for which I could not account. Stranger* m m the habit of riding orer the plaoa.

To Mr Jojiit: 4 1 did not. usui'ly keep on tlie top of tlio ranges. I wa« on the Waimate side of the ranges on tlio 7tli. I saw no flumes from the fire at Brayshaw'a. The wifld was then from the eastward, and t'e ■moke w«s going m a westerly direction. Some of the tussocks between where I wa» on the 12th November and the buah were burned. William Grierson : I am a shepherd, and was employed by Mr Studholmein November lost. 1 was out with McLtod mustering m NoTomber lu6t. On Monday, the 11th, wo were coming around liy Oau>eron'« spur, and camped thut night m ilolloj'n saddle. I w >:s nearest the bush next day, and signalled three times to McLeod by lighting tussacks. I signalled about six o'clock m the morning, about half-amile away from the bush. I again signalled about two hours afterwards. I was about the same distance from the bush then. We took the sheep to the station that evening. There was a good deal of dry fern about the plao where I lit the fire. £ saw fire it Brajshuw's on the 9tb, the smoke of which was going to the vest. To Mr Macassey : The reason why I concluded the wind was blowing from the north-east was because I saw amoke going m the opposite direction from Allan's place. I saw a fire at the end of the Brewery range on the 12tb, but can't say it was Koper's mill or not. It did not seem a large fire. I was a mile and a half away from it. I was living at the homestead then. I saw something which might hare been over by the maiden bush on the 12tb, but lam not prepared to swear that it was a fire. Tuesday, the 12th of November, was a fine day, with a nice breeze blowing from the north-east. "When I lit the (ussock the wind was coming from a direction that would carry the fire away from the bush. I lit my first signal about half a mile from the north-wett corner, near the trig station at the bluff. Mr Maeossej > Supposing you are oorrect m taying that you lit your first signal at the north-west corner, how can yon make twelve miles distance from that place and Mr Studholme's homestead P Witness : By going around m a zig-zag way. lam only employed by Mr Studholme on mustering ocension*. I havo often seen accidental fires on the runs. The run is intersected with a good many roads, but thero are no roads m the Weather range. I bavo seen a fire m the Weather range. To Mr Jojat : We were on the top of Ounn's spur, on the Weather range, on Saturday the 9th of November. We had a good view of the bush. We saw smoke about Allan's place tit the east side of the bush, but.l believe it was Bruce's place. Brayshaw's Lush is m the came place. The smoke was blowing, I thought, to the westward, but I can't say whether it was blowing m the direction of the township of Waimate. We mastered the Brewery range a week before that, and I lit a fire on it then, but it was not the fire I saw on the 12th. leztiiguished the fire I lit myself, because I was afraid it would spread. The fire I saw near the maiden bush did not appear to come from n taw mill. It might have been caused by a man boiling his billy. I took more notice of the fire on the Brewery range. The fire often travels against the wind, and might havo come down the gully from where I first lit the signal. The lire I saw on the Weather range occurred nine months previous to the Waimale bush fire. I saw no one but shepherds on the run on the 12th of November. John Henry Cridland : I was employed qb clerk at Barrett's sawmill, Waimate bush, on tlio 15th November last. I was looking for a bullock on the morning of the 15th, and saw the fire barning into the end of the bush. I had seen fire burning for two days before thitt. I went down to Barrett's mill then, and when I left, about nino o'clock, there was no fire there. 1 went abnufc half-a-mtle up the tramway to Cliff's bush. The wind was blowing very strong from the north-west. Joseph Neil was with me, and the fire having cut us off from the mill, we bad to go out on Mr Sludholme's run at Price's spur. We could see down the bush then, and the fire seemed to be burning down m v south-easterly direction. The breadth of tho fire seemed to be about half-a-mile. We went down Theobald's road through the bush, and when wo passed Theobald's house it was burned down. Adam's house was still standing. The fire was burning round Barrett's mill, but bad not caught it when I reached there abont two o'clock. I had been at Barrett's mill for the previous three weeks, but there was no fire around the place. To Mr Macassey : I saw a Mrs Cunningham when I was soming down Theobald's road. It was about a quarter pnst one then. I have never seen any fire m the bush previously. We could not see Bruce'* fire. The undulation of the hills prevented us from seeing it. I do not think that tolara was ever used as fuel to lira the engine, because it is bad for sending forth sparks. lam not prepared to contradict that there was a lot of totara slabs lying about the mill. There were no dead tops of trees lying around the mill previously to the 16th November. I first noticed the fire at a quarter of a mile from Barrett's. A person at the hill behind Cunningham's could not see a fire on the outside of the bush, and a fire at Barrett's mill at the same time, but possibly a very good view of both places might be gained from the English parsonage, Waimate. The fire was about a mile and a quarter from Barrett's mill at 10.30 a.*n. The bush around Barrett's had been worked out by Mr Hayes, but there was a strip of maiden bush which might possibly offer an obstruction to the progress of the fire towards the mill. I certainly contradict the statement that smoke was seen issuing from Barrett's mill a few days previous to the 15th Aovember. If half a dozen witnesses said so it would not alter my opinion. To Mr flamersley : Any one looking from the parsonage iv the direction of the fire m the ranges would bare to look orer Barrett's mill. Joseph Neil : I am a bullock-driver. I was m the Waimate bush m November last. I could not swear to having seen any thiog about the hills on November 12th. Oq Wednesday, the 13th, there was a small bit of fire on the Hunter range. On Saturday I saw it working down towards the bush. On Friday morning I saw the fire while helping to put some logs on to the skids. The fire came into the bush direot, over towards the tramway. We remained there until we got one log into the truck, and then had to unyoke the bullooks, as the fire wai approaching us. We drove them up the gully into the bush, and left them there. We tnott went out on to the ranges above the fire. It was then between eleven and twelve o'clock. We kept outside of the fire, and went on to the main road. We passed Cunningham's house, and saw Mrs Cunningham and some children sitting down on a piece of clear ground above the house. We then went to Theobald's house, which was burned down. We got to Barrett's mill about half-past one or two o'clock. There was a small bit of fire then near the mill, caused by sparks whioh had been blown over. At that time, I think, the main body of the fire was about five chains from Barrett's mill, snd coming towards it. Flakes of fire were being blown from the main body of the fire f ally two hundred yards, from a north-westerly direction. The last time I was doie to Barrett's mill m the forenoon was abont nine o'clook. We saw the mill after that when we were on the ranges, at between eleven and twelve o'clook. There was then a great body of fire on the ranges side of the mill, and the mill was clear of fire with the exception of the flakes which were being blown about. I- was at Barrett's mill six weeks before the fire, and during that time I did not see any fire •bout the mill, nor did I tee any stamps burning about it. I do not think that a fire could have arisen about Barrett's mill between nine o'clock m the morning and half-past eleven o'clock, without our haying - seen it from where we were on the ranges. To Mr Macassey : The hill on which we were at about half -past eleven o'clock on that morning, is about .three-quarters of a mile from Barrett's mill. There was smoke and fire between us and the mill. I could see through' the: smoke at times. I had been working at Barrett's for about six weeks. I ' usecTto be at the raiD m the morning and, m the evening. The morning of the lolh November was a fine one, with a wind blowing from the north-west. The wind was not ■o strong that if I bad been driving the engine I should have stopped working. I did not notice any sparks flying from the funnel. There was a proper cap on the funnel of the •ngine. .' :':-;.? >.'. - ;•" -,■.;■;■ ' i (

To Mr Joynt : Wben we were on tbn r3nges on the morning of the 15th, the smoke at times was lifting and falling. I swear positively that at certain times 1 had a clear view of tlm millJohn Muyne : I nm n bushmun, and m November last was working m the Waimate bush for Mr Barrett. I do not remember soeing any bush fires about the 11th or 12th of that month. The first fire I taw whs near Mr Barrett's mill, skirtin? the bush, on the 14th November. It Beerncd to be working towards the bush. On the Friday morning I was going up the tramway to the buah at about seven o'clock, and I saw the fire just above me, skirting tho bush. It was then north of the trig station, and working down towards the bush. About twelve o'clock tho fire got very strong. I left the bush about half-past ten or eleven o'clock when the fire had gone down the spur, and had got below the old working where I wai. 1 tscaped down the tramway, after I had planted some of my tools and thrown the others away. I went straight down to Barrett's mill, which I reached at about half-past eleven. When I looked behind me I saw the spur whera I had been all m flames, and the fire followed me so closely that it burned the shirt on my back. When I got to the mill I found the people there quite confuted. They were running about and trying to stop the firs. There was then no fire at Barrett's mill, although there was some to the left-hand s.de of Theobald's track. I remained at Barrett's mill till four o'clock m the afternoon. The wind was blowing to tho northward, clear of Barrett's. There was some fire m the ranges near whore Mr Young lives, and that branched down and burned Mr Barrett's house and then the mill. The things which we took from Barrett's mill we left on tho north buih road, and we put thorn on a clear patch of ground close to the mill. To Mr Mnca-sey : The fire that burned Barrett's mill came m a westerly direction. That fire came down m the evening. The wind 'wns then blowing west to north-west. It was nil tlie one fire from Young's (o where I was working, nnd it was nnly a branch of it that came down m the morning, and the. first, house I Baw it burn down was Theobald's. It was then nbout noon. Theobald's was about a quarter of a mile from Barrett's. Another branch ot tho fire come down cnother spur m the evening, and burned Barrett's mill, I had been working m the bush for over twelve months m November last. During that timo I did not know of any fires about Barrett's mill. There might have been plenty of fires about, but not to do any damage. About two or three* months before November last thero wos a fire at Mr Hares' place, which might liavo burned tho timber standing on half a dozen acres. I remember a firo at Bruco's mill beforo tho 15th of November. I remember reading something m the newspapers nbout it. I snw the smoke of it. Ido not remember any other fires. I bad been working at Barrett's for about four or five months, falling timber. George Cable was tho engine-driver at the mill. It was a 10 h p. engine, and m good order, and had a cap to the funnel. I do not remember ever liuvina seen nny sparks escaping from the funnel of that engine. I sometimes worked with my vest off, and I never noticed if there were holes burned m my shirts by sparks. A couple of boys were kept about the mill, but I do not know that it wus their duty to look after tires. There was plenty of dry scrub about the mill. I boarded at Mr Theobald's place. I do not know whether any of the men boiled their billies on the ground. Them was a Frenchman working m tlie bush, who lived m v wbare, and cooked his food there. When I went to my work on the morning of the 15th of November the weather was very wild and windy. On one occasion the men at HnycB 1 mill had to knock off work on account of ths wind. To Mr Joynt : I never saw any bad effects arising from using a Baw- mill on windy mornings. William Barrett: I am manager of Mr Cliff's mill at the Waimate buih. I remember Tuesday, tho 12th of November. On that day I observed smoke on the hills. On Wednesday I saw the fire coming towards the bush, and noticed it m the bush about seven o'clock on Thursday morning. It was fifty or sixty chains from the mill. On Friday, the loth, I observed that it was getting close to the mil), and all at once it seemed to blaze up near the tramway. It then went m the direction of Theobald's house, and did not than come towards the mill. I went down for my family to Theobald's house und took them away outside the bu^h. When I caaio back to the mill, about one o'clock, the fire wbb coming up towards it from tho direction of Young's, and I worked to keep the fire from spreading on to it. I had not been more than an hour away. Some of tho sawdust about the mill was smouldering. On the previous day I noticed no fire about the mill. To Mr Macassey : On Friday morning the distance from the fire to the mill would he forty or fifty chains. There was no wind about eight o'clock that morning. I was very uneasy all the morning about the fire. I started' the work at the mill because I was not going to trump about the country putting out fires. About nine o'clook I told the men to knock off as the fire waß getting too close. The wind began to rise about that time, but it was not that which caused me to stop work. I kept a couple of boys working at the mill. One of them was kept to assist the engine driver, but he was not employed to put the sparks out. I have seen two or three sparks from the funnel near the sawdust. I never not'eed any of the men's shirts having holes burned through them by the sparks flying about. There was a broadleaf tree on fire two or three chains away from the mill about two or three weeks before the 15th of November. The fire was m a crevice about five or six feet above the level of thr> ground. I and two or three others put it out. Mr Maoassey : Can you account for a fire being m a crevice of a tree five or six feet from the ground ? Witness : No, I can not. Some of the men were m the habit of boiling their billies outside, but I do not think that one of those fires caused the fire m the crevice. There was a cap on the funnel of the engine, and a spark catcher also. The spark catcher was m good condition. It was on the funnel on the day ef the fire. With the exception of the fire m the cvevice m the tree, I never noticed any fires about the mill previous to the 15th of November. The bark stripped from the trees was kept at the upper end of the mill, away from the engine. We turned put 3000 feet of timber per day. The distance from the mill to the spot where I saw the fire suddenly break out was abont two or three chains. I oould see the continuation of that fire right round to the body of flame. When I noticed the fire spring up suddenly near the mill, the wind was blowing very strongly. I think that the wind changed two or three times that morning. I could not say when the fire seized the mill. When we left the mill at four o'clock, the flames had seized the bark at the upper end of the mill. The spot where I saw the flames suddenly spring up near the mill on Friday morning was about, the same distance from the mill as was the tree m which the fire was two or three weeks before. I oould not say whether if a spark from my mill had set that tree on fire, it would be just as possible for another spark from the mill to have fallen where I saw those flames spring up. I think all the engines about the bush are provided with caps to the funnels, with the exception of Mr Hayes'. I could not say whether I was m any place on the 15th of November which would give me a complete view of the whole fire. To Mr Hatnersley : The engine at Oliff's mill was a very good one, and I did not think, considering the way the wind was blowing, that there was any danger. I am quits certain that there was not any fire about the mill before Friday. George Cable : I was an engine driver at Barrett s mill. I saw Borne fire on Tuesday morning on a spur about a mile and a half or two miles from the mill. It seemed to bo burning very slowly. I saw it on the next day, and on Thursday evening. On Friday morning the fire had reached a good, way into the bush across the tramway. The wind was from the north-west that morning, and I believe it remained so all the day. Tiie fire came within' two- or three chains from the mil), on the tramway; side of the- mill, at about half-past eleven o'clook. It crossed the road about a chain and a half to the southeast of the mill. Previous to that I can swear positively, that there, was no fire About the mfll, exoeptthe engine Are. The lire that

I saw about two chains from the mill about half-past eleven o'clock was the same that I saw earlier m the morning m the bush. I did not go away from the mill til about three o'clock. When the fire crossed the road above the mill it went straight down the bush. In the evening, when I ngsin saw the fire, it was coming down from Barrett's house, to the north of the mill. here was no danger connected with the working of Ihe mill on tho morning of the) 15th November. Nothing was caught by fire about the engine that morning, except some sawdust, but the sparks generally go out before they get to be of any size. On the Tuesday, the 12th inst., I saw moving objects on the spur where I first saw tho smoke. I could not tell what they were. I thought they were two horses belonging to the shepherds. To Mr Maccassey : I am no" m the employ of Mr Cliff, and be has an action impending against Mr Studbolme. Before the fire I thought I whs working for Mr Barrett. I never saw Mr Cliff near the mill till after the fire. I have only been an engine-driver since the month of September last, when I wenr. to work at the mill. I have ho»rd some of the men working about tho mill telling about their shirts having been burned by the 'parks. I have had my shirts so burned ; I cannot say how often. The sparks go out before they have been taken eight or nine feet from the funnel. I cannot say whether the stoke-hole of the engine was made for burning coal or wood. We generally used black pine, and, if that could not be got, white pme. Wo used to throw the totara slabs m a heap with the rest of the 6labs, but they were not so often cut up for the engine, because they were not so suitable for the engine as black or white pine. I remember an old broadleaf tree some distance from the mill, m which there was a fire. 8o far as 1 know the cause of the fire m that tree was never discovered. When I was told to stop the engine the fire was two or three chains from the mill. The Court then adjourned at 5.25 p.m. till 10 a.m. this morning.