SUPREME COURT.

Star (Christchurch), Issue 3361, 16 January 1879, Page 3

SUPREME COURT.

CIVIL SESSIONS. Wednesday, Jan. 15. (Before His Honor Mr Justice Johnston, and a Special Jury.) Cleave v. King and Anothee. (Continued from yesterday.) James Dawson, examined by Mr J. Holmes, deposed : lam a farmer at Dunsandel. I grew crops in 1877, turnips among the rest. I sowed purple top turnip seed. It grew. I sowed it for sheep feed. His Honor : How can this be relevant ? Witness : It grew well • Some went to seed. I kept some of tlu> seed, oleaned it, and sowed it myself. Some x <*ave away — to Elder. The seed I sowed produced a fair crop last year. I have been growl ag turnips for 12 years. Thoy fail sometimes rrom seed as good as I could buy. His Honor : This is a mere waste of time. Mr Holmes : The same evidenco was given by the other side. Witneas : In a dry season the turnips would all run to seed. The land, if sown, would not grow turnips. If the land is very rich they grow with big tops and small bottoms. His Honor : Do you propose to show that all these meteorological and agricultural particulars affected all the farmers in Southland?

Mr Garrick : I don'fc fchink ifc material. Witness, to Mr Macassey : I hold 200 acres. I had aboufc 30 acres of turnips. Ifc was sown broadcast. I fed it off. We gefc a double quantity by sowing broadcast. I kept aboufc a couple of hundred pounds weight for my own use. I gave Elder as much as he liked to clean for nothing. I suppose 4d a pound is its market value. Colonial grown is of less value than Home grown. I don't know how much he Bold. I heard his description of the roots from which the seed was taken. There were bulbs with thom. They were of no uso to keep. They were ploughed down, and the seed was given away. The seed I took gave a good crop. I bought the seed for 1877 crop. To Mr Holmes : In my district ifc is usual to sow broadcast. If turnip seed produced j no bulbs, the crop would be useful for sheep to eat off. George David Everingfon deposed : I have been occupied in tho trade of seed-growing. I have grown seed for Mr Duncan for four years. I have grown seed in New Zealand for seven years. Turnips sown too early and in a dry season will run to seed. They throw oufc "stringers." I recollect tlie year 1877. Ifc was a dry season in Canterbury. I don't know what ifc was in Invercargill. His Honor : The question is, whafc was the season in Southland ? Witness : I have proved turnips to run to seed no matter what kind of seed it was. The roots of purple top, in this case, would be of fche lightish colour. His Honor : Mr Garrick, do you wish me to take this down ? Mr Garrick : No, your Honor. John Horrell, examined by Mr Garrick, deposed : lam a farmer at West Eyreton. I havo been there aboufc 15 years, and have grown turnips there and, before that time, in England. 1 know fchafc seed gathered from turnip plants which have run to seed without bulb have often produced good turnips. My experience in thafc is confined to New Zealand. To Mr Macassey : I found thafc afc West Eyreton. I have tried ifc for many years. 1 bave found it so ab leasfc scvon times. I made the discovery about ten years ago. I gather seed from such plants only occasionally ior my own convenience. I havo collected the seed from self-grown turnips. They were green top Aberdeen and purple top. I have never sold such seed. I have only taken ifc for my own use. I have never given any away. I require all I have for my own use. John Overton deposed : I am a farmer afc Spring's Track. I have grown turnips for 15 years. Turnip seed from plants run to seed without bulbing, may in a good, season pro- > I duce a good crop. I know that from experi-

, ence. The bulbs of turnips which had run to - seed would shrink to about half, their size. > Supposing turnips did not bulb they would; i still' trirow a good deal of f eed^ They would" 3 not give more than half the feed. I should b consider that I had lost half my crop. t To Mr Macassey : The value of a crop in a r dry season might be worth from £1 to 50s i per acre. In a wet season it runs from £2 to 3 To his Honor : I mean to say that in a wet > season there would be more feed than in a ■ dry season. The turnips produced from . turnips that had run to seed I have known to ; be very good. In that case the turnips had . bulb. Supposing the bulb never to have i formed, I should not expect so good a crop. i To his Honor : In order to produce good ; seed the plants should have bulbs. r To Air Garrick : I don't think the size of ; the bulb would make any difference. Edward Aniges deposed : lama farmer at Riccarton. I have been for four years. I have experience in growing turnips. I never saw turnips raised from seed of plants that had no bulbs. I have sown turnip seed which has grown at first, and then been stojiped by dry weather, afterwards running to seed. The same seed sown later has produced good turnips. Turnips running to . seed could be fed off ; but I have always ploughed them up, so as not to lose the season. The bulbs would contract to about one-half in a dry season. John Greenaway deposed : I have been a nurseryman for over ten years. I have no experience of field-grown turnip seed, but of garden grown seeds. I don't think there would be any difference in seed from plants run to seed. It would only prevent selection. To Mr Macassey : I never depend upon Colonial grown seed. There is a risk, to avoid which I never purchase it. I sell a good deal to farmers, but only imported seed. I should not under any circumstances purchase Colonial seed, but should consider 4d a good price for it. I have seen seed of turnips not maturely formed produce good crops. I cannot mention any particular instance. To his Honor : There would be no effect upon the germination of the seed, but upon the quality of the growth. This concluded the evidence. Mr Garrick addressed the jury for the defence. Mr Macassey followed for the plaintiff. His Honor explained to the jury the principles of law applicable to the case, and read over the issues to the jury, commenting on the evidence affecting each of them. The jury Retired to consider their verdict at half -past 4, and returned into Court at 20 minutes to 6. . The issues put before the jury were — 1. Were the defendants seedsmen, &c. ? 2. Were the defendants aware that plaintiff i was a seedsman, &c. ? 3. Was the seed sold to plaintiff for re-sale, and as purple top yellow turnip ? i 4. Had the plaintiff any means of ascertain- : ing that the seed was correctly described and < merchantable ? [ 5. Was the seed purple top yellow ? i 6. Was it sound and merchantable, or fit i for re-sale by a seedsman, or fit for use by s agriculturists ? < [Mr Garrick asked to have this struck 1 out.] 7. Could the defendants, but for their own neglect, have known that the seed was not 1 good ? 1 [Mr Garrick asked to have this struck £ out.] ( 8. What damage, if any, is the plaintiff 1 entitled to recover from the defendant ? ( 9. It was also left to the jury to say whether 1 or uot there had been a total failure of con- c sideration. c To these the jury answered — c 1. Yes. ' ] 2. Yes. t 3. The defendants contracted to sell to the e plaintiffs purple top yellow Aberdeen turnip 1 seed, but delivered seed which they stated i was sold to them as purple top turnip seed, 1 but they did not know whether it was i green or yellow ; the plaintiff accepted the < seed with this knowledge, and therefore c allowed the contract to be modified. c 4. No. i 5. No. i 6. No. j 7. Yes. i 8. It was agreed by Counsel on both sides ] that the question of special damages should 1 be settled by the Court above from the i Judge's notes and from the evidence taken at t Invercargill. ( The amount of damages (other than special) i the jury assessed at £150. t 9. Yes. His Honor certified that it was a case for a i special jury. (

The Courfc adjourned at 6 p.m. till 10 a.m, on Thursday.