SUPREME COURT.

Timaru Herald, Volume XXX, Issue 1482, 21 June 1879, Page 2

SUPREME COURT.

TIMABO.-Fbidat, Jtjnb 20th. (Before His Honor Mr Justice Johnstono.) ClVrt SB3SIOK. George Court t. Miohael Studholmo — Claim, £1000. Messrs Joynt and Hamereley for the plaintiff, and Messrs Macassey and Jameson for the defendant. Tho examination of witnesses for the plaintiff m this case was resumed at 10 a.m. yesterday. Before the case was proceeded with His Honor referred to a paragraph which had appeured m one of thu newspapers regarding it. He «aid that he considered that tho remarks made were extremely improper, taking the matter apart from the question of the dignity of the Court, end that he had known instance! where jurors had been influenced by remarks which hud appearrd m newspapers. He spoke on the iuhject m order thut the newspapers pfaould noL make commenta upon caeee while they were being heard, and eaid that tuch comments might bo a sufficient ground for granting a new trial. Me'srs Macaseey and Joynt (aid they thought that the paragraph m question was intended as a joke, and the subject was then dropped. John Mackenzie : I am a carpenter. In November last I was erecting a home at a place about a mile and a liulf outside of the Waimate bush. I could see a great part of the bush nnd the hills from where I was working. I remember seeing a fire on the hills above that part of the bush where Theobald lived, three or four days before the 15tli of November. Every morning and evening when going to and from my work, I saw it getting nearer and nearer to the bush, and I saw it come into the biub. on the day that the mill was burned down. I am qnite Bure that the fire did not come into any other part of the bush before that day, the 15th November. If the fire had been burning to the south and south-west of the bush, I could hare Been it. It came into contact with the bush, a little to the left of Theobald's ground. From -where I was working I could not see Barrett's mill; bat I could tee the bush around that mil]. As near as I can tell, it would be between nine and teD o'clock m the morning when the fire caught the bush. - The wind was blowing so very strong that morning straight down from the hills into the bush, that I had to knock off work. The smoke was being blown straight towards the Waimate bosh. I saw the fire go pretty well down into the bush, and I saw it going towards Barrett's mill at about twelve o'clock. The only other fire that I saw then was ono

it Bruco's. The fire went >ii tlie direction of Barllett's old^mill, which \* nenr the maiden burb, at about half-past eleven or twelve acock. Befo r e the mnin bidy of tho fire went down into the bush I did not fee nny fire about Bartlett'e mill. I went away from where I was working at one oVlock, and went down to Bruce's fire, which I reached about two o'clock. Thorn did not eeem to be any dinger of that fire spreading. After remaining there for som» time, I left at l.nlf-past two o'olock, when the fire there was atiil smouldering. I belif-ve the wind was then blowing the smoke into the Wuiirmte township. I wi-nt home, and re maineH there till half-past nino o'olock. I did not know Court's p'.aoe. Ido not think the fire eros-ed the road between Smith's and Brupo'« while I was there. To Mr Macfcisey : When I (ay tliat I did not see the fire cross the road between Smith's and Bruce's, I mean that I did not see i f . do so up to the time I left, which was at half-past two o clock. Fire was smouldering on tho other side or the road !nm Bruce's before I i*: ,»* that fire or Bil daTB the 15th of November there w.-.s n fire at Bruce's. I observed it before I saw the fire on the hill coming towards the bu«h. Before the loth there wat a great quantity of smoke at Bruce'i placp, which, when going tJ my work, I passed within a distance of fifty yards. There was not much wind blowing before the 15th . Supposing a strong wind arose, there «v sufficient timber round Bruce's lo kindle the fire smouldering there into a large jlaie. Thia fire at Bruce's was th'o only firo I saw during the two yc»rs I have lived at Waimate, .-xceptinp the Urge fire. A» far as I know, the fire at Bruco's did not extend to other people's properly. I know that it destroyed timber on a largo piece of ground, but whether that ground was Brucu's I can not *ay. I know the par.-onnge at Waimate. Supposing I had been standing there, I do not think tl<at I would have had a good view of the fire from there j but a person near the parsonago could notice the smoke of the big Sre. Supposing there had been a large fire m the south and s->uth wi-st of the bush, I could have Been the smoko from it when standing at the parsonage. I live near the parsonage. I did not Bee any smoke m the Bouth or south-west of the bush. As well as I can tell, the nearest point of the fire I bow early m the mornmg of the 12th waa about two miles from Barrett'B, end the whole of the intervening space of two miles whs awtpfc by Friday morning. Wlat I call Theobald's is v place about a quarter of a mile nearer the hills than B <rrett'e. I first noticed the fire m the neighborhood of Theobald's at halfpnet eleven. Between nine and ten o'olock the fire hod spread about a mile from where I had seen it when I went to work. Ido not remember a worse day than the 15th of .November last for wind ut Waimat». It was not an ordinary thing for the wind to be bo high — it might occur twice m a year. To Mr Joynt : I know t!:e sort of tlrng a nor'-wester is. Ido not know from what direction that wind came which obliged me to knock off work. From the Church of Eng. lnnd parsonage a person could obtain a view of the lower part of the bush, but not of the main body of it. I know there is a terrace between the parsonago and Barrett's trill, which Rives one a >orso view of the bush from the parsonage than he would otherwise have. Alfred Gibbete : I am a buahnmn, and m November last I lived m the upper pnrt of tho Woimate bush, m my own house, to which Adams' house was l-hs nearest. Men named Reynold*, Butler, and Lilly were working with me. I saw a fire on the hills about three or four days before the big fire broke out. During those da;. s I noticed the fire working down towards tho bush. I remember the day of the great fire m the bush. I raw the Ore m the morning of that day. Between eleven and twelve o'clock on that day I was driving a horse and cart to my place from the Waimate township, and when I got as far as Theobald's 1 was obliged to stop on account of tho fire. The fire w&a then coming down from the hills towards Theobald's house. I could see Barrett's mill, and the fire was to the left of it. I took some thing! away from Theobald's houce, and m doing so, had to cross through the fire. When I returned to the hoUBO I found a man running round it with a pail of water trying to put the firo out. I saw Theobald's house burned down, after which I proceeded homewards, and on my way passed Cunningham's. My hou-e would be about, half a mile distant from Theobald's. It was atill between eleven and twelve o'clock when I passed Cunningham's house. That houso was then quite clear of any fire. My houße waa not burned down till afterwards. When I reached homo I put on my beat clothes and left, as I considered thut I was m great danger. The smoke was going m the direction of the main bush road, towards Waimate. I struck down a side road line when leaving my place, and it took me outside of the maiden bush at Bart* letts, whero Haves' cook house is now. I then went along the main road towards Theobald's place again. When I got outside of tho niaidt-n bush, I did not see any fire anywhere near Bartlett's. If there had bees a fire at Bartlett's before November 15th I ehould hive teen it, as I was working on a Bpur from which I bad a very good view. I had been working on that spur for two months before the 15th Novembor, and daring that time I had Dot seen any fire about Hayes' cr Bartlett's. When I got to B ayes' sawmill the fire was still coming from the same direction as it had been when I left home. About five o'clock m the evening I went to assist m taking things away from the houses. I saw Rickman'a place being burned down, and Butchelor's house, which it lower down than Kickman's, was afterwards also burned down. To Mr Macassey : The first time I ever saw a fire on the hills was m November last. Two cr three days before the big fire occurred I came down to the township, and said that the bush would be on fire. When I live m Wsimate I reside near the English parsonage. On the morning of the big fire I left Waitnate township for my- place m the bush, between nine and ten o'olock. When I got up the hill the fire was coming towards Theobald's house. When I saw Theobald's heuße being burned down, I could not see whether the stretch of country, from the point where I had first seen the fire on the hills, had been passed over by fire. If witnesses have stated that there was a fire at Bartlett's previous to the big fire, I am prepared to swear that I never taw it. I saw a fire at Bruce's before the big fire took place. Many months ago there was a fire at Manchester town, near Hunt and Jeffrey's mill. I don't remember ever having teen any other fires. To Mr Joynt : I think the fire at.Mancb.ester town lasted forabent a week. Jesse Butler : In November last I was working for Mr Gibbete m the Waimate bush. Two or three days before the big fire occurred I noticed that a fire among the tussocks and scrub on the hill appeared to be coming down towards the bush. Wben I first saw the fire on tho morning of the 15tb, it would be about a mile from Theobald's. That morning I was working on a spur near Gibbete's section, and I had a very good view of the fire. I continued to work till between eleven and twelve o'olock, and then being obliged to knook off I went down to Theobald's. I believe that it was the same fire which I had seen coming do«n from the hills tbat burned down Theobald's house. About two o'clock I reached my vwn boose, which is about two hundred yards from Bruce's mill. It was two hoars alter that before (he fire reached my place. I do not think tbat Brace's fire extended orer to Hant and Jeffrey's. If the wind had continued blowing as m tbe morning, the fire would have come to me from Bruce's. The wind changed to tbe south-west m the afternoon, and blew Bruce's fire from me and the other fire towards me. I sated my house with the' assistance of two men. From where I was working at Gibbete's I had a good view of Bartlett'a new mill, and previous to tbe 15th of November I bad not observed the slightest indications of fire near Bartlett's mill. Wben I was on a high point of tbe road I could see a continual line of fire from the bills to Theobald's. To Mr Macawey -. When I was working on the spur there was a continuous line of fire from the bills down to Theobald's ; there was not fire all the way, but fire coming down continuously. The poution m which I was on tha spur does net enable me to say how far the firo was from Theobald's when I knocked off working. I could not see Theobald's hense from where I was. I had been working m the bosh for about a month previous to tbe big fire, bnt I bad been tiring m Waimste for four yean. I remember a fire at Msnohester town about two yean ago. I hadwen other

fires previous to t'to hig fire, but none worth rpfuh.n^ about. I remember hearing about n. fire having occurred near Burtlett's mill bofore the tig Sia, and seeing (he smoke from it. X also reuaurnbor a fir» having takci placo at Hunt and Jeffrey's, aud one at Bruce's mill. The latter was burning (wo or ihree days before the big fire occurred. To Mr Joynt : Supposing that Theobald's homo bad been on fire when I was standing on tho spur where I was working, I uould lwve seen the fire, Bcforo ihu scrub is burned about a mill.it is, put m a heap, and men generally watch it till it has been burm-rl. George William The<buld : I am a bushman, and lire m the upper part of tbs Waimate bunh. My house was burned down on the 15th of November. On Tuesday, the 12th, I saw the fire first, about s mile and a quarter from the bush. I noticed it on Thursday evening, when I saw it coming into contact with the bush m a north-westerly direction from my property. On Friday morning it seemed to be making great inroads into the bush. There wai then a light breeze blowing from the north- irett. That morning I loaded my wagon as übu»l at Barrett's mill, and' took it into 'the township. When I was at tho Waimate Railway Station I noticed that my house was m danger. It was between one and two o'clock whfn I returned, and my house and property were destroyed before I got there. I could see a track of the fire continuously from where I had seen the fire m the morning to my properly. When I was going up to my place the fire waß coming down into the main bush from s north-westerly direction, and was within about five or six chainß of Mr Hayes' place. When I git up to Bar rett's, the mill and tho house worn Blinding. I was not anywhere m the neighborhood of Barrett's mill later on m the day, as I had to attend to my wife and family, who were on a piece of clear ground on the north bush road below Shaw's. I believe the fire took a southeasterly direction to the back of tho maiden bush down towards Macrae's road. I took my family into Waimate, and came back later m the evening, but I did not go m the direction of Bruce's. The fire was then over to the north bush road, some portions of it being close to the town end of the Waimate bush. Previous to the 15th of November Bth I passed by Bartlott's mill three or four times daily for nearly three months ; but during that timo I never noticed any fire about it. I did not see any fire about Ba'retL's mill previous to the 15th of November, and if there had been I should certainly havo seen it. To Mr Maras'ey : I was not employed by Barrett, but drove timber into the Waimato township with my horsea. I had boon living m the bush for about, two yours previous to November last. If fires had occurred m the bush during that time I should havo seen them. It may sometimes be difßoult, from the nature of the bush, to see a fire a short distance off. When I was first aware that the fire was dangerously near my own place, I was at the Waimate kail way Station. I cannot say whether Shaw would have a better opportunity of seeing the big fire when standing near his own house than 1 would at my own property. Shaw's property is on a higher level than mine. I can not say whether I could see Shaw's from my place. lam one of the plaintiffs. I traced the line of fire from the ranges down to my own property after my house had been destroyed. I swear positively that I saw but one fire. My place wai a quarter of a mile distant from Barrett's mill. I do not think it probable that there could be a fire at Barrett's without my having seen it. I was m tho habit of going to Barrett's mill twice a day. I never paw a smoking tree about Barrett's mill. I have seen quautiliesof bark lying about then.*. I hare never seen sparks lighting tuo Bawdußt. I havo seen a lire at Burtlett's burning for a couple of days. I saw the smoke from Bruce'e fire. That fire burned for something like a week. It occurred a short time previous to tho big fire. I saw the sawdust on fire at Burliett's once, about 18 months ago. It might have been caurod by a spark from the engine. I have seen scrub burned purpoßoly. I was m tho township when I first observed a change m the wind. I did not see tho fire at Bruce's then. To Mr Joynt : There could not have been a fire at Barrett's without my knowledge, becausj I was there twics a day. I could huv« ee?n smoke from a fire at Barrett's, at my own Ijoubo. John Murrny : I am a bushman at Waimate. I worked near Bnrtli'tt'a mill m November last. I remember Tuesday, tho 12th Novomber, and saw fire on the hill, working towards the bush. On Thursday evening, the 14th, it was a good piece down the bush, and on the following morning it was near Barrett's mill. The fire was m the bush on Thursday morning. I was working on Mr Martin's ten-acre section, dose to Mr Bartlelt's old mill. The fire travelled from the north-west. I knooked off work about' nine o'clock, and went down to Barlletl's mill, where I remained until about four o'clock. I was then putting water on my tent to save it. I had to loave when it got too warm for m;, and my lent got burned. I then went up by Theobald's house aud came into town. I had been working on Mr Martin's section for a fortnight, and saw no fire there. To Mr Macassey : It was on a Friday that I first saw the big fire. It. -was on a spur leading down to Barren's mill. When I was m Hayee' employment I did not set fire to any scrub then. Hayes warned me about burning scrub on Martin's land. A few tops of trees were burning, and Hayes and his men came and put them out. About three months previously about a dosen acres of bush near BartUtt's mill were burned. To Mr Joynt : It was nfter the big fire that I set fire to a lew tops of trees, that Hayes and his men put out. John Everett : I was working as a sawyer ut Mr Hayes' sawmill on the 15th November last. I saw two fires on Tuesday, the 12th November — one on the Cameron ranges und one at Bruce's. A saw fire m the bush on the following Friday morning. I went up the main bußh road about twelve o'clock that day. There -was a fire on my right or left going up, until I reached as far as Theobald's. The fire was then travelling towards Bartlelt's old mill. I was then sent for, and had to go home, m consequence of the fire at Bruce'e. Between four and five o'clock the fire reached Hunt and Jeffreys' mill. I saw sparks of fire coming from tho main body, which went right by my house and joined Bruce' b fire. I did not take particular notice, but I do not think Bruce's fire was spreading beforn the big fire reached it. I saw Mr Studholme that day, and heard him say that if we could keep the fire put of the maiden bußh he would not care so much. The Fire- Brigade tried to keep the fire out of the maiden hush. To Mr Macafsey i Mr Studholmo was trying to stop the fire. What I understood by Mr Sludholme's desire to keep the fire out of the maiden bush was that the other properties were not so valuable. I did not notice tint the wind changed during the course of Friday. When I got home Bruce's fire was burning a little. Ido not consider that there was any danger from Bruoe's fire. I was alarmed until I saw Brnce's fire, hut then I knew it would not do any harm. I took my family into Waimate after the fire. There was no fire &t Hunt and Jeffrey's up to four o'clock. My house was on the weather tide of Bruce's fire. I bad seen a fire at Harper's some weeks previously, but enly fern was burnt. After the fire at Bartlett's was fairly alight I could see the smoke. This fire took place a considerable time previously. There was a number of men working about the bush, and most of them emoke. Before the 15th November the season was very dry. To Mr Hamersley: I do nob know the nature of the ground rsund Bruce's. The fire took place m the old stumps and fallen trees. The place had been worked for a long time. The fire at Bartlett's ocourred perhaps about a month previous to the 15th November. It was nothing strange for sparks to cause fire while Mr Bartlett wan working there, but he had left there long before the 15tb. Harper's fire ocourred some time previous to the 16th, but I do not know how long. Ohristoph Weitchman : lam a bushnwn m the Waimate bush. I saw a fire on the ranges two or three days before the big fire. It came towards the bush and entered it below the Trig Btation. I was working at Hayes' sawmill. We left off work at 11 o'clock and remained until 12 o'clock at the sawmill. We then west up towards Theobald's, and saw the fire at Theobald's, bat there was fire all round us, because the sparks, driven by the wind from the main body of fire, was setting the bush on fire m various part*. I then lent c, hand m trying to ttvre the maiden both. Mr

Studholme was there, and said he would not mind bo long as the fire could be kept out of 'he raaidon bush. I then went down to where I lived. I got home about thrcu o'clock m llio afternoon, ami I could see volumes of smoke coining towards me from the lower Bide of the maidun bush. 1 w«8 living with Everett, above Hunt and JeffreyVt and omihouio was burned down about five o'clock. The fire that burnt it aime from the direction m which I taw the fire previously. I did not take any notice of the firo at Bruce's. We went down to Waimate when tha home was burned. The Bobertsons lived near ue. The fire was coming from the direction of our house towards Robertson's house. I assisted them to get away their things. To Mr Macasßey : I wus working for Mr Hayes then. He was then away from Waimate. I passed Bruce's fire that afternoon. Ido not know the direction m which the wind was blowing. In coming down to town the sparks from the fire were flying around us. If it were sworn that sparks were blown into Wai mite, I would not be able to substantiate it. The town is a mile from Robertson's, and slumps of trees, half way between the two places, were set on fire by sparks from the big fire. George Brooks : I am a sawyer, and wis working for Mr Hayes on November 16th, 1878. I remember seeing a fire on the top of the hill on November 12th. There was no fire about Bartlett's mill on that day. On Wednesday and Thursday I saw it coming towards Barrett's mill. It appeared to be about two and a half miles from Barrett's mill when I first saw it, and m two days it travelled a mile and a quarter. On Friday, the 15th, it entered the bush at sbout twelve o'clock. I wut at Hayes' mill then, and all hands were ordered to knock off work on account of the wind, at about eleven o'clock. At 230 we went to Bartlett's mill to remove machinery. There was no fire nour the mill at the lime. We had only removed a part of the machinery, when the fire came within a quarter of a mile of us. There w<is no fire then about Barllett's old mill. Ido not know how soon r.ftcr the fire reached there. I ttayed at Hayos' until about five o'clock, and then came into the town. The firo had then got down whero Riokman lived. To Mr Mncassey : The wind was blowing from the direction of Bickman's to Brueo's when I paosed there. Ou my way to Waimate 1 was often struck by sparks of fire. The Bparkß followed me for a mile. To Air Hamor.-ley : From the time wo left Hayes' we were covered with Bpurks and smoke. The Bparks did not follow ; they viore blowing across our way. Tho Court then adjourned until 10 v.m to- day.