CIVIL SITTINGS.

Star (Christchurch), Issue 2597, 21 July 1876, Page 2

CIVIL SITTINGS.

TnuBSDAY, Juiy 20. (Boforo his Honor Mr Justice Johnston and a Speoial Jury. TUBNEB AND OTITEBB V. WILSON AND ANOTHKB. Tho following is the conclusion of Mr Wilson's ovidonoo:— Thoro woro 810noroBat Malvern Hills, now belonging to tho ostato, now lofc to tenants. He was suro of that. About 120 aores woro yielding a rontal of 5s per aoro. Thoro were agrcemonfca in writing, but not leasoa, for a torm of throo years. Tho othor portion had boon unproductive for periods from nino months fco fchroo years. Tho moneys mentioned in fcho account, as having been paid fco surveyors woro paid for surveying. One sum was paid fco Mr Bain for assisting witness in judioious soleotion, and making fcrooing. Ho was nofc tho survoyor witnoss took up with him. Witness found him thoro ftt fcho fcimo surveying, Smart was ono survoyor who wonfc wifch witness. He was nofc his olork. Did nofc romember what ho had paid him. The ronfc of Lawrenoe'a plaoo had boon £30. Ropor did nofc pay £60 por annum just boforo tho improvements. To the bosfc of his rooolleofcion Roper novor paid him thafc amount. Ho would nofc swoar it, bufc ifc was his impression. Ho thought fcho rent ontry would bo found iv Turner's book, Would not swoar positively to anything which referred baok to a long numbor of years, unless he had a distinot; rooolleotion of ifc. He had thai; morning accounted for fcho neooßsifcy of oortain corrections in his ovidonoo, on tho ground of lapse of years and indistinofc rooolleotion. Was not in a position to swoar thafc in 1871 ho did not givo Dalgety and Co. a guarantoo for Thoraaa Wilson's aooount, To fcho bosfc of hie rooollootion ho did nofc. He would nofc swear either way. Had on fcho previous day said ho had a distinob rooollootion of communicating his ovrangomont wifch Mr Cox fco Mr Wynn Williams. Ho had no wish to oorreot that statement. Ho did not think tho instructions woro in writing, bufc ho oould not toll. Had also said that Mr Cox was nob represented by a solioitor. Thafc was his impression, bufc ho oould nofc spoak distinctly on the subjeot. Witness' arrangement wifch Mr Cox was a vorbul ono, and waß mado in his own oflloo, or olso in fcho sfcroefc. (Mr Garriok : "Or Bomowhcro olso.") It was impossible ho oould recollect 5 bufc ifc was in Ohristohuroh. No ono olso was presont so far as ho remombored. Tho faot of fcho agreomonfc having beon verbal did nofc rofresh his memory, Was suro ib was a verbal ono, It was 00 with rogard to tho goods, and it was, ho thought, with rogard to the wholo transaction. Ho had no doubfc upon tho subjeot. Mr Wynn Williams was oertainly nofc prosonfc. Cox and witnoss wenfc to Mr Williams' oflloo. Tho torms wero nofc disoussod in Mr Williams' presence. Simply fche faot was stated that fchoy woro to havo a lease prepared. Mr Garriok (tailing round a papor to witness) : Is thafc your signature P Witness : Yes. It was an agroemont

botween himself (witnoss) and Mr Cox, that Mr Cox took possession of tho Turner property that day, a leaso to be mado upon the terms as submitted to Mr Williams. Tho dooument produoed might bo in Mr Williams' writing. [Mr Williams: "It is in my writing."] Believed ho had novor soon it bofore. The agreement road did not refresh his memory as to whero the agreement between Cox and himself was made. He had purohaaod a bull from Bowio that had boon extremely beneficial to the estate by improving tho brood of cattle. It was known to buyers that the bull had been on tho OBtato, and tho oows sold bettor in oonsequonoe. Had only farmed the run nino months. From his long experionoo he had a distinot rooollootion of tho mixture of grasses that wont to tho estate. Ho know this beoause it was an avorago mixture. This seed that went to Tumor was mixod upon Wilson's promises, and by his direotion. [Mr. Garriok : And yet you said previously, " I havo no rooollootion of giving tho order."] Oould not say to whom he gavo tho ordor. From eight to twolvo pounds of meadow fosouowontto tho bushol, though it might run fourteen pounds. Ryo, howovor, went twenty pounds to tho bushol. [Mr Garrick hero went round tho table, and plaood a sample of grass seed in witness' hand.] The seed produoed was a mixture of cocksfoot and meadow, fosouo— a good deal of cooksfoot. SJIr Garriok hore put tho so«d in evidenoe. he small bag was markod by tho witness, and then takon possession of by tho Registrar of tho Court.] Know nothing of tho tonnage of grass soed. About fivo loads went on to Turner's run— ou to tho property altogether about seven. Ho thought fivo loads went on to tho property, inoluding tbe run, freehold and preemptive. Ho thought, inoluding Fantham'e, six loads wero sent altogether. Two horses would bo requirod for eaoh load— the road was a bad road, and a ton and a half would be a load for two horsos. Was not prosont when tho drays woro loaded. Oould not say what tho avorago would bo. It might avorago two and a half tons to a load, and it might bo lees. [Mr Garriok : " I wish you would weigh what you aro saying. I don't think you can know what you aro talking about."] The mean averago of tho seeds would be twonty pounds to tho bushel. Tho number of bushels was 2108. * Mr Garriok : 2108 bushels at twenty pounds a bushel would mako ovor eighteen tons and a balf. Will you swear that that woight went on to tho run.

Witnoss would not Bwoar it. It did not surpriso him to hoar that tho bushols totted up to oightoen tons. Mr Garriok : Would anything surpriso youP Witness : Yes sit would surpriso me to find you courtoous. Mr Garriok : Would anything else surprise you. Witnoss : Something olao might. Mr Garriok : Woll I'm glad thero's something surprises you at last. Witness— continued: He did not get anything for tho sood from Fantham. He mado him a prosont of it, in oonsoquonco of Fantham's property having boen groatly injured by tho floods. Fantham wanted to leave, as he was noarly ruined, but said ho would stay if witness would givo him somo grass seed. Boing an old servant of tho family, and vory unfortunate, witness gavo him seod from tho estate to induoe him to romain. This was aftor consultation with Mrs Tumor. Tho loaso still existed, and Fantham was tho tenant. Novor forgave him two years' rent. Tho rent was £35 a yoar. Tho prinoipal objoot of tho plantation was its prospective increase in valuo, for tho purposes of a township, and for ornament ana shelter. Was in tho plantation lost Friday. Whoro tho troos woro closest they wore loftiest and finest. Tho pine plants were nexfc to his own property, whioh was nearest tho sandhills. Did nofc know whether the roots of pines extended muoh. Bluo gum roots did damage within a oertain distanco of their roots. He saw Gordon's " Pinotum " on tho day beforo, and a formor edition somo timo provious. Neither of thorn referred to the quality of the pinus insignia for timber purposes. Thoro was nothing known by fcho writer as to tbo quality of tho timbor. Gordon was a moderately high authority— quite aB high as himself (witness). First saw the work on pinoß, whioh he had referred to in his crossexamination, on tho provious day. He borrowed it. Ho know nothing of tho quality of tho pine as timber boyond what ho road. He expected, when he planted it, that it would be good timbor for farm purposes, and that it would bo of an ornamontal oharaotor. Ho understood that all tho Californian pinos were good timber. Witness was president of tho Horticultural Sooioty somo timo ago. Had doliverod a lecture on July 4, 1872, on Californian pines. [Tho Lyttelton Times oi July 5 was horo produood by Mr. Garriok. It contained a report of tho leofcure in question. Witness read an extract at to tho valuo of tho pinus insignis as timber, whero ho stated that ho was nofc entitled to givo an opinion, as ho (fche lecturer) had not had an opportunity of beooming acquainted with ifc.] That was a correct report. During the reoese for lunoh, ho had examined his books and found fchafc he had sold Yorkshire fog to Mr Duncan, ut Is 6d a lb. Might have Bold tho Hon Mr Groy Yorkshire fog afc ls a bushol, but oould not say ; ho sent so muoh seod oufc. Tho Courfc : Would it osoapo your memory —suoh a vast difforonoo in tho prioo of the Yorkshire fog.

Witness : I don'fc think ifc would, but oannot spoak for oortain. By Mr Garriok : Witnoss, for tho last threo years and a half, mado no ohargo for visiting the run. Oould not, ewoar that in July, 1871, ho did not soil Mr Duncan ton eaoke of this Yorkshire fog afc 8s ft oaok. It would bo a perfoofc impossibility fco speak from memorj. Had no offor from Fantham to tako tho oatfcle oif tho run. Mr Williams advised him thafc ho oould not lot tho run and oattlo together, but that ifc waß his duty to sell fcho oattlo and convert them into money. Noifchor Monk nor Fantham mado an offer for tho oattlo and tho run together. By tho Court : Meadow foßouo and Yorkshire fog wero fcho same thing. Ono of tho jury mon hero said tho jury oould, j only soo thab fcho seod so far acoountod forbad" only oomo to six hundred and odd pounds. , His Honor said ho had beon keoping aooount, and found thafc ifc was so.

Mr Garriok said tho aooounts whioh Mr Wilson had sworn to, and tho vouohers produoed, did not oomo to that amount, but tho aooounts whioh ho (Mr Garriok) had put in showed fcho oxpondituro for soods to bo £1054.

Wilson continued : Did not obtain a farthing commission from Dv Muorgueand 00. for getting the loan. By the Jury : Tho roason he did not plant the North-oast boundary of his own sootion for protection was booauso tho trees would not have grown thero, it boing blowing sand ;

and besides, it would have been farther from the site intended for the township. By Mr Garriok : Where the Government was planting pinus insignis there was a considerable portion of drifting sand quite olose to the railway. The trees rooted there ; bnt tho Government had ohoson a different pine — putting the insignis in a better position. To the best of his recollection there was not a single pinus insignis upon shifting sand. The pinus insignis was doing well in oertain places along the line. Would not swear that there wero not plants, and the pinus insignis were doing well in shifting sands along the Kaiapoi railway. By Mr Joynt : The pinus pinaster was not so valuable for timber as the pinus insignis. Honry H. Hennah deposed : He was a membor of the firm of Dalgety, Niohola and Co. The then firm of Dalgety and Co., in 1872, had an aooount with Thomas Wilson. That was scoured by a mortgage over property in Gloucester street. In the middlo of that year they gave notice to Thomas Wilson— or to Mr William Wilson, as ho was assisting in his brother's business— that they wanted tho aooount olosed. Mr William Wilson reduced tho aooount to £900, and gave an undertaking that if they would withhold any proceedings for eighteen months he would be responsible for tho debt and intorest. That was put into writing (produced). Tho signature to that, document was Mr William Wilson's, [Dooument read to the abovo effeot.] In oonsequonoe of that, allowed the acoount to remaia open. It was olosod in Maroh, 1873, by Mr William Wilson's aoooptanoe for £938. That was duly paid at maturity in September.

Mr Wynn Williams, solioitor, deposed: Ho was solioitor to the ostate of the late 0. B. Tumor. Was so still. Tbe signatures to tbo memo produood were those of Mr Cox ahd Mr W. Wilson. They were annexed to tho draft lease, whioh witness produoed. Remembered receiving the instructions from Mr Wilson and Mr Cox for drawing up the leaso. Witnoss made notes atthe time Messrs Wilson and Cox went to him together, and he then wrote down aooording to instructions, and tho momo of agreement was afterwards drawn up and signed. Thore was nothing iv those instructions about grass seed being sown. Nothing whatever was said to witnoss by either of them about tho sowing of seed or about sinking a well. The draft was submitted to Messrs Hanmer and Harper (Cox's solicitors), and they approved of it. Mr Wilson did not at that time oonsult witness about tho grass seed. Some time after Mr Monk had been appointed, defendant Wilson askod witness— within the last few months— if he would be justified in giving the tenant grass seed. Witness replied that it was for his oonsidoration. As manager he thought ho would be justified in supplying the tenant with a small quantity, but, at the aame time, by no means to supply it himself, giving, as one reason, that witness knew he and Mrs Turner had been quarrelling, and telling him (Wilson) that if he supplied the seed she might impute improper motives to him. Never told witness before about tho grass soed, and, until after the present aotion had commenced, did not know that a single sixpenoe had ever beon expended for grass. Was equally ignorant with regard to tho plantation. Mrß Turner and Mr Monk went together to witness about the aooounts. Witness then applied to defendant for them, but he would not givo them. Witness produced tho transfer of lease from Cox to Gillingham, in whioh Cox guaranteed the payment of the rent by Gillingham, but there was no mention of any seeds, By Mr Harper: Mr Wilson often took advico from witness about the ostate. Sometimes ho used to ask serious questions, and somotimes not. It was mostly about Mrs Turner. He never consulted him aboot buying seeds, or buying land at Malvern, except one blook of sixty aores, which he bought through him (witness). Never hoard of any other land that he had bought there in Turner's estate until that day. James Goss, a builder, carrying on business in Christohurob, deposed he had great exporienoo in building. On the previous day ho examined tho shop of Mr Walkor, in Colombo street. Considered tho front shop worth about £185, independent of two rooms built at the baok, whioh wero worth about £40 more. The front was built in 1873, when it would be worth about £200.

By Mr Joynt : Building-material and labour wore slightly dearer in '73 than they wqre now.

Andrew Duncan reoalled : [Witness examined the seed whioh had been shown to Mr. Wilson.] Tho seed produced was a very pure sample of Yorkshire fog. Knew that Mr Wilson had considerable experience as a soedsman. If he said it was oooksfoot and meadow fesouo, he (Wilson) was quite wrong. Meadow fesoue and Yorkshire fog were quite distinct. Thoro was no meadow fesoue in the sample boforo him. It certainly was not meadow fesouo and cocksfoot. It was the Yorkshire fog whioh he (witness) said had no value. On one occasion witness bought ten bags of seed from tho dofondant for Mr Grey, of whioh the prinoipal part was Yorkshire fog. Had, to the besfc of his rooolleotion, paid Is a bushel for ifc, or 3s per bag. Never bought ten bags of meadow fosoue of Mr Wilson. In " Sinclair on Grasses," ond also in "Sowerby," thoro wero descriptions and plates both of meadow fesouo and Yorkshire fog. Produced Sinclair's work to show the non -identity of tho grasses. [The book was passed np to His Honor for examination.] Thoro was a very great difference between the two. The meadow fesouo sold out here afc from ls 2d to ls 9d per lb. It would run about eightoen pounds to the bushol. The Yorkshiro fog weighed from seven pounds to ton pounds. Tho ten bags that witness bought in 1871 for Mr Grey were not meadow fesouo. [Other seed handed to witness by Mr Garrick.] Would not liko to swear to it, but the sample just handed to him looked very liko meadow fesoue. It was like a light sample of rye with tho horns rubbed off, but it was not at all like Yorkshire fog, and he was sure it was nofc that seed. Thoro was no ohanco of a moderately skillod person mistaking the ono seed for the other. Meadow fesouo was gonerally used in small quantities, and not sown broadcast. In 1875 pinus sylvestris, two years old, would be worth from SOs to SOs a hundred, according to size. Sylvestris three yoars old would cost from £3 to £4, per hundred. [Witnoss proceeded to give the oost of various kinds of young trees that had been mentioned.] By Mr Joynt : Witnoss would swear positively thafc ho bought soveral bags of Yorkshiro fog from Mr Wilson at three shillings a saok. It was rough seed. He thought it was about that price. Did not think Yorkshiro fog by itsolf had had any market value for the last ton years — not, at all events, in his experience. Had never bought fog of Mr Wilson at ls 9d a pound. Would not swear that ten years ago he did not buy ten pounds

of Yorkshire fog from Wilson at ls9da pound. Would believe it, if he saw it entered in Mr Wilson'e ledger. [Ledger pasted up with entry in it,] That could be easily explained. If what witness called meadow fescuo, Wilson called Yorkshire fog, they might be both right. Would not swear he did not buy ton pounds of Yorkshire fog os entered in the ledger. If in the bill rendered to bim there were ten pounds of Yorkshire fog whioh he had not bought, he would complain. John Dewsbury, recalled : Had been selling seeds nine years. (Witness examined sample of seed banded up to bim.) Pronounced tbat seed to be Yorkshire fog, saw no cocksfoot in, it. Ib was the sort of grass that was sent to Turner's run. (Another sample handed up.) That looked like meadow fescue, which waa quite different from Yorkshire fog. The seed sent to Turner's run was not like that, except the rye grass. By Mr Joynt : Meadow fescue and light rye grass were very much alike. Was salesman as well as accountant at Wilson's. Was not brought up to the business. Was not prepared to say there was no cocksfoot in tho first sample shown him — thero might be a "pile" or two. If Mr Wilson said there was a large proportion of cocksfoot in it, he was wrong. His lienor asked if this was the plaintiff's case?

Mr Garrick replied in the negative. He wished Mr Cox, who was now in Wellington attending to his Parliamentary duties, to be examined, in order to contradict tbe statement of Mr Wilson. He would, therefore, apply to the Court to grant a certificate tb be forwarded to the Speaker of the House of Assembly to the effeot tbat it was necessary, in the cause of publio justice, that Mr Cox ehould bo examined.

His Honor said he would not think of granting suoh a request. Publio justice had nothing to do with the matter, and if Mr Garrick had felt that it was necessary to have Mr Cox examined, he should have applied for a postponement of tho trial. Mr Garrick replied tbat it was not until ho had heard Mr Wilson's evidence that he knew how important Mr Cox's evidence would be. He quoted an extract from the Act on the subjoct of Privilege, to show that he had good grounds for his application. If a great public wrong were about to be committed, and tbe evidence of a member of Parliament would prevent that wrong, then he considered the Court should grant bis application. Mr Joynt remarked that in thii case there wm no great publio wrong. It was a civil matter hetween tbe parties. Mr Garriok said the Act also included the werds " irreparable injury," and he contended that unless Mr Cox were examined an irreparable injury might be committed. His Honor again declined to grant the application although he would not lay it down as a precedent. Had it been a case of murder it would have been a very different thing, and he would not have hesitated to grant the application. Mr Garriok said he believed it wae the first time suoh an application as his had been made; but ho had a duty to perform to his clients, and he did not wish it to be said that he had omitted to make any application to the Court, the granting of which might have been benefioial to them. Having done so, he felt that he had done his duty, and would, of course, accept the ruling of the Court. His Honor remarked tbat he thought the members of tbe Bar, generally, were not likely to lose anything that might be to the advantage of their clients for want of asking. He then enquired if the plaintiff's case was closed.

Mr Garriok replied that he would not be able to close it until the next morning, as he had one more witness— Mr Roper—to examine. His Honor remarked that it would have been hotter if the witness could have been oalled that evening. Still, even if Mr Garrick's oase were closed, ha did not think it would be fair to the counsel on the other side to ask them to open their case for the defendant before the morning. Tho Court then adjourned until ten o'clock tbis morning. Fbidat, Jvxt 21.

His Honor took his seat upon the Benoh at 10 o'clook, when this case was resumed, the came counsel appearing as before. Edward William Roper deposed that in 1869 he oooupied premises in Turner's estate in Oxford terrace, under the document produced, signed by Dale and 00. as agents in the estate of Turner. [Document read, showing that witness had paid £4 a month for the premises in question.J The reoeipt produced was for February and March, at the rate of £25 per annum. Witness gave np possession after Marob. Could not remember why the rent was reduced^ He occupied thepremises only as a warehouse, and not as a residence. If the place had been used as a residence, it would have required to be repaired. This was the plaintiffs' oase. Mr Joynt briefly opened his defence to the jury, after which he called the following witnesses : —

William W. 'Chartres deposed: He was accountant to Mr Wilson. Produced Thomas Wilson's day-book, ledger, and journal, also produoed Turner's day-book and ledger, Wilson's nursery sale-book, and several other books connected with Wilson and Turner's property. Had been in the employ of the defendant two years next September. Remembered Mr Monk being appointed trustee in Turner's estate. It was in August last. Had seen Mrs Turner at Mr Wilson's place several times. Sbe came for the purpose of receiving her annuities and examining the accounts. Witness used to read out the ledger, wbioh was between them, and give her the vouchers, that she might see that they corresponded. One occasion was in November last, and tho last time was in May last, when she said she would call on the following Monday and sign the account as being oorreot, but she did not call. Was present at the time Mr Cowlishaw, his clerk, and Mrs Turner went together. They said they went for the purpose of examining the books and the vouchers, whioh witness produced, as woll as a copy of accounts whioh he bad prepared for Mr Wilson. It was a general resume" of all the transactions of the Turner estate (produced). Mr Cowlishaw and Mrs Turner remained for over an hour. Did not recollect Mrs Turner making any objections to him of the way things were being managed. He saw Mr Monk examining the accounts before he was trustee in August last. Had seen bim frequently examining the accounts afterwards, but Mr Wilson was only present upon one occasion. Mr Monk bad access and liberty to examine the books whether Mr Wilson was absent or present, and witness always received instructions from Mr Wilson to show him anything he wsnted. The accounts were commenced at the end of Maroh.

By Mr Garriok : Had been with Mr Wilson

two years in September. The principal and interest account* were kept separate until about two months ago. Mrs Turner was preaent on each occasion he bad referred to, about half an hour at a time. Would not swear that she was there a quarter of an hoar. She never signed the books in witness' time. That was before his time. They had not beets signed for two years. On the last occasion he had referred to, the accounts which Mn Turner examined would be for the yeu ending July, 1875. Witness was an experienced accountant, and understood keeping books by double entry. Beliered he was competent to give an answer as expert on tho question of accounts. Thought Mrs Turner, from the examination she had of the estate, might form the opinion tbat the vouchers would check tbe correctness of the cash-book, and would show the items more fully than the cash-book. She had no opportunity of knowing the correctness or not of the cashbook.

By Mr Wynn Williams : Would not swear that Mr Wilson went through the accounts with Mr Monk in such a way as he (witness) as accountant would call going through accounts. ' Mr Wilson explained the various items to Mr Monk, bat he could not say all of them. Believed he (witness) went thxoagh the prinoipal account* with Mr Monk, but not through all of it. Remembered gam* through the various grass seed terns with Mr Monk, who said nothing. Witness knew he waa perfectly aware of the expenditure of those sums before then ; that is, he thought so ; he would not swear it, but he was morally certain. The sum of £900 was charged to Mr Wilson. Witneaa did not point oat that particular item to Mr Monk. He would not swear to woy particular item. Remembered Mr Williams sending Mr Wilson a letter dated Feb 14, asking Mr Wilson to furnish Mr Monk with a copy of the accounts. The accounts which Mr Joy at had put in were prepared by witness from the Turner estate. The item of £900 to which he had referred appeared as an item to Mr Moyer, dated Sept, 1873. At the time he made the return* ot the account* the money wm not then out to Thomas Wilson, but as an advance to Moyer. He admitted making the alteration, because now the charge was to Moyer. It did not profess to be a verbatim eopyjof the accounts, but a resume of how tilings stood. It would have been incorrect to put it to Wilson, because since Oct. Moyer had the mortgage. Had pot in the accounts produced a number of items that had been paid off long ago. The mortgage of £2000 was paid off years ago. When he oame to the item of £900 in Wilson's name he thought it right to enter it to Moyer, because the mortgage had been changed. He could give no other account. He took Thos. Wileon'e name out, and put Moyer'sin. It might be a mistake. Witness did not prepare a copy of the accounts of Turner's estate for Mr Monk, hot his brother* in-law did. Remembered going to him (Mr Williams) in reference to preparing n defence to the action. It was after that that the accounts were prepared. Witness wrote to Mr Williams, asking for certain accounts. It referred to a copy of accounts which witneaa had prepared for Mr Williams, according to his wish, after the trial had oommenoed. Would not still swear that the accounts were sent for Monk ; they were prepared for Monk to the best of his recollection. They took about three months to prepare. By Mr Carrick: He had put tiie date Sept., 1873, as to Moyer in mistake. By the Court : Tomer's estate book date Sept., 1873, showed an advance of £9C3to Thomas Wilson. The interest had been paid, and was shown by the accounts.

H. B. Huddlestone deposed: He was a surveyor and valuer. Had lately visited Turner's run. Last went there for tlie pnrpose of inspecting it and setting down the valne of the property. Went ell over it. Had been surveying round it seven yean ago. Had examined the plantation which he considered an exceedingly thriving one; many of the trees were very talL Should think suoh a plantation was absolutely requisite if the forty-acre section was intended for a township. Thought the {dace a very probable one for a township, and believed the land would now sell with that object. Without that plantation the section would certainly bo covered with sand. The plantation did not shelter Wilson's section, whioh was half covered with sand. The seotion Bast of that whhh was formerly clear was now covered with sand. Should say that the plantation added value to the estate in respect to its agricultural and building advantages. Should say, at the very lowest, that the plantation added at least £600 to the value of the property. The run was hard fed just now— a great amount of stock on it — end it was a hard time of the year. Tbe oountry was quite summer country, and he shou'd think there was abundance of summer feed, bat very little winter feed. Sid made valuations of all the properties that had been met* tioned. His present valne of Moyer's property waa £1200. Had had considerable experience as a valuer, and had assessed tlie town for the last six years. He would not say tbat £12t 3 was the market value— it was the actual value. U mortgagee had to be realised, very few would fetch the money advanced on them, and some perhaps not get a bid. Mr Thompson's estimate was quite wrong, and formed on an erroneous basis. As a matter of fact, believed, if the premises in Gloucester street were cold under the most adverse circumstances they would fetch £950. The adjoining land was sold without buildings at the same rate per foot as he now valued this property, and in tbat time the value ef property hr 1 risen. He valued the land at£l2 los per feet. Had valued the properties of Walker and Barrett at £1650.

By Bir Garriok: His objection to Mr Thompson's valuation was because he pat down n house that was paying rent simply aa building material. Mr Thompson had himaelf told witness tbat he was not a valuer, but waa a confidential adviser to a large mortgage company. Witness was called, and considered himself an expert. He referred to the T.-ust and Loan Association. He did not look upon Mr Thompson as a valuer in the ordinary sense of the word. As assessor to the Ohristohuroh Council, he was enabled to say that tha status by which he valued was partly fixed by Act of Parliament. The principle upon which he assessed was partly founded on the rente! and partly on tiie capital value. Ec valued the land in Gloucester street at £6CD, and tliat the least it wot-ld letch at the present time would be £930 ; in fact, he would be prepared to introduce a cash purchaser for that amount himself. Considered thoe had been a considerable rise in property in Gloucester street of late years. That waa on the basis of 48ft frontage at £12 10s afoot. If it waa Bft narrower it would not amount to so much. Thought Andrew's land on Ihe opposite side wae sold at £6 a foot. 'Huddle-

ston's property at tho corner of Oxford terrace was sold for less, and Clarke's property in Oxford terrace for still less. Should oonsider ifc prudent to lend £900 on tho property in Gloucester street. Whon witnoss first oamo to Ohristohuroh ten years ago Glouoostor street was a loading street— what; Hcroford street was now. About three yoars aftor fchafc it went down j but ifc afterwards had a riao again, a geoater corresponding rise than any other street in the town. The Waimakariri flood was in 1868, and went through the town. Mr Wynn Williams appealed against his assessment of this particular property ; in facfc, he appealed against overy assessment. The total valuo of Walker's leasehold was £250. It was saleable at any time. Ifc was not necessary that all townships should be protected from the Norfclveatit wind, bufc in this individual J oaso he considered it was absolutely neoossary. I Thought tho Turner laud would havo had no value for building bufc for fcho plantation being put thero. It was effective, reproductive, and not expensive. Jennings Moffatt, a farmer, deposed : Ho knew Mr Wilson and Mra Turner. Ho sometime ago valued a carriage that Wilson used, and thafc Mrs Turner afterwards got j valued it at £80. Joseph Fanfcom deposed : He was a farmer residing on Tarnor's estato. Ho had been living thereabout four years farming for himself. Was living with Mr Cox on the station, and before thafc as managor. Wont thore to be manager to Mr Cox in 1870. Tho run was then in pretty good condition aa a cattlo rub, but the freehold was the besfc. Afc fchafc time the run had nofc a groafc quantity of grass. Witness prepared a good deal of the run for grass seed by Mr Cox's instructions. Remembered the seed ooming ud. Sowed eighty bags himself in Gillingham's time, and was employed by Mr Gillingham, Bowed most on the North-east sido of fcho run, but nono on fche froohold. He and his man ' sowed ifc in fcho mosifc likoly plaoos, bufc not in the presonoe of the Gillinghatns. The seed was a mixture. Considorod ho was a judge of the quality of seed. There was rye grass, and olover, and Yorkshire fog, and in some portion of ifc a little prairio grass. Tho seed was in very good order— one bag was rather rough, bufc very gocd, sweet seod. Sowed ifc just as ho got it from Gillingham. No portion that he sowed was old or clotted. It wao in July, 1872, to the bosfc of his remembrance. Thought there was moro ryegrass fchan York, biro fog in fche instanoo. Had elnoo sowed hio own seotion wifch grass soed supplied by Mr Wilson. Sowed aboufc a bushel fco tho aore of mixed seeds. Thafc was in 1875. He had beon rery unfortunato and was almost ruined, and Mr Wilson had sont him somo grass seed up. He sowed his own farm in Soptombor last. Did not know the valuo oi! ifc. Inoluding everything, he thought ho sowed every aoro with aboufc a bushel and a half. [His Honor hore remarked that, aooording to the invoicos beforo him, it was charged 40s an aore.] Thero was no Yorkshire fog in that. The result was a greafc improvement to tho run, making moro feed. Tho run was in very bad condition at present-— ifc was heavily stooked. and it was a bad fcimo of fcho year. There was yery good grass in plaoos last summer, and on hia fifty aores thoro was vory good grass. Mrs Turner had been to witness' plaoo, and stayed two or threo days. That was since fcho run was sowed down. Sho was aware that thero was grass seod sowed in it. By the Jury : Gillingham paid him for sowing the run. By Mr Garrick : Did nofc know what a bushel of ryo grass was worth in 1875. About 6s, ho should fchink Tho flood had dono tho damage .in 1875. His lease had ten years to run. Tho seed was mixed ready for sowing. Ho thought about making an offer to Mr Wilson to take the oattlo with fcho run. Considorod it was worth £800 a year with the stook on it. Was not sure he had told Mr Wilson of his intention, but Mr Wilson told him ho was advised by Mr Wynn Williams to turn fcho cattle into monoy. [The foroman of the jury said aooording to tho invoices tho seod referred to was delivered to witnoss in Ootober, 1874.] Mr Joynt said thoro was no doubfc that the witness was wrong aboufc the floods and dates altogether. Tho flood was in 1874. Witness said it was the great flood in April in the year boforo last that Mr Wilson gave him the seed. By Mr Garriok .- Ploughed tho land before fche seed was sown, Bis rent was £85 per annum, Mr Joynt, after tho adjournment, said that some proposals had been made, whioh, if accepted, would end tho case now. Mr Garrick said he was prepared, on the part of the guardian and trustee, to adviao his olient to aooopfc tho terms proposed, whioh would prevonfc litigation. His Honor said that this was a oaso in whioh Counsel might adviao fche judge privatoly as to tho reasons whioh led to the arrangement, and thon tho judgo would oxoroiso his equitable jurisdiction, and see whofchor fcho rights of tho parties were proporly oonsidored. Mr Garriok said that tho arrangement would he embodied in tho deoroo. Mr Joynt suggested that the Counsel should oome before his Honor privately, and submit t5 him for ratification tho terms upon whioh the deoree might bo f ramod. His Honour quito agrood with that oourso. If tho Court adjourned until 3 p.m., oounsol might be prepared to como beforo the Court with tho terms for ratification. Mr Wynn Williams said thafc ho was propared, on bohalf of his olionfc, fco aooopfc the termß proposed. fj gHis Honor thought that, looking at the length of -timo whioh tho jury had beon sitting, it would only be fair to them that they should rooeivo a daily foo. Counsel said they would consider tho matter. The Court thereupon adjourned until throo o'olook, it boing then twenty -fivo minutes past two. After returning |to Oourt a deoroo waß aocepted, to the offect that the defondant, Wilson, gavo up the trusteeship, and refunded tho monoy for tho grass seed, took over the bases and Bank shares, and submitted to pay oertain expenses.