DISTRICT COURT.

Star (Christchurch), Issue 3943, 7 December 1880, Page 3

DISTRICT COURT.

CHRI3TCHUIICH. Monday, Dec. 6. (Before his Honor Judge Ward.) BCIIOFIELP ASD ItOiS V. JOIIX BLIGII. Tho following is the conclusion of tho case Schofiold and Kjss v. John Bligh : — For the plaintiffs, the following evidenco was given : — William D.ivid SchofieM proved tho finding of tho whale on Oct. It), bj Jlr Baldwin. On Oct.. 20 tho other plaintiff and witness want to tho bi'uoh, where they met Mr Bligh about 200 yards from tho wnale. They offered Mr Duvid Humilton £5 for tho whale. There was tv rope jmcl peg ou fcho whitlo, but no name. ]Jr Von liitadt, was proierifc, ami plaintiffs askod him who had a right to tho whalo. He said, "If wo started the whalo wo should have h. vij»l-.t to it.." Bligh eaid lv wanted tho ho.-;cs. ' Pr. Von IJ.mst said lie wanted tho hitnna for tho Mu-rcuui. TJliiih suid ha would h> b:iU-.(3c;1 if his immo appeared on the skeleton. M<vluwin and Hamilton sued Mr B.igh for ;Clis in tho Magistrate's Cou.c. Bligh eaid in his defence that tho whnlo belonged to tho prosen!; plai::tiif«. Bligh was to pay tho ex-

penses, and plaintiffs were to recoup him. It fook five weeks to boil down the whale. Plaintiffs' not being sufficient, Bligh brought down three more men who were to get 25s a week. The men were not satisfied, but Bligh offered them 1b an hour. The men were sent away tho next day. Bligh cent for the oil, and after refusing once plaintiffs let it go as they thought he tiad a right in its way to the custody of it. They did not deny that they owed defendant money. There were twentyone casks of oil, worth 4s a gallon. Bligh now had possession of the bones and of tho oil, and refused to give any account of the expenses. Bligh said he would find everything necessary if the plaintiffs gave him the bones. Cross-examined : We had some money when we started, not enough to pay £7 10*8 for tho whale. We had not the lneana to boil it down. George Ross, the other plaintiff, gave confirmatory evidence. — Day proved that he had found a whale some time ago. Hb had sold tile oil, some for 4b, some for 3s, and some for 2s 6d a gallon. Had seen a sample of plaintiffs' oil. Ifc was about the same quality as his. Cross-examined : There was not a ready sale for whale oil. Could not say what 630 gallons would sell for. Would give a shilling certainly, but not two shillings, as a speculation. Considered it wortk more than 2s. Should say it was worth 2s 6d. Ec-examined : Probably could not buy it from the merchants at less than 4i, but would say that 4s was too high an average for the whole.

Plaintiff Schofield was re-called, and said that he could have sold the oil for £30 a tun. This was the case for plaintiffs. Mr Stringer would prove that the defendant was a partner with the plaintiffs in tho whale, and would give them two-thirds of the price realised lees the expenses which he had incurred in connoction with the whalo. He called the following evidence :— Defendant was willing to have the oil sold by auction at any moment. Mr Spackmau : And keep the bones ? Mr Stringer : We will give you the bones in. His Honor suggested that the oil and bones should be sold, the expenses paid out of the proceeds, and then the plaintiffs should take two thirds of the balance and the defendant one third. Mr Spackman withdrew from the Court to consult with his clients, and, on returning, accepted the arrangement proposed, with certain provisos. The defendants suggested another course— viz., that the oil should be valued, and, after tho quantity necessary to meet the expenses had been set aside, the residue should be divided as his Honor had suggested. This was accepted by the plaintiffs. The question of costs had then to bo determined. His Honor said that he would have to give costs against the defendant, aa he had refused to give accounts. Mr Stringer called the defendant, who said that he had referred Schofield to Mr Stringer for the accounts. Cross-examined : Mr Stringer had not the accounts. His Honor gave cost 3 against defendant. The case wa» then withdrawn. Tho Court adjourned till Wednesday, at 11 a.m.