(Before His Honor the Chief Justice.) (Continued from yesterday.)

Jon Stone sworn, said — I was a butcher at Wanganui, and at one time owner of the property belonging to Mr White ; the only access from the new line was by the right of way now " used ; at the time I purchased there was nothing said about the road, nei'her was there anything • aid during my possession ; I was driving cattle from my land to Wanganui on one occasion, there was a small bit of bush on each side of the road, into which some of the cattle got ; Mr Holder was then in the orchard, when I told him that the cattle were giving me some trouble through the road not being fenced off ; he said if I wanted it fenced I could do it myself ; I believed that wa3 all that was said. [Mr Hutchison — That would not be against the interests of my client, I presume ? His Honor — That is for the jury to say. I don't think it objectionable. Mr Hut chison — Admissions purporting to be made by deceased persons should not be permitted.] I have never asked Mr Holder's permission to have the use of the road, nor was there any objections made ; that was the only access I used to the laud ; there was a house on my land ; I lived in it ; I had horses, carts, servants, friends, &c, all using that road. Samuel White sworn, said — For five years I was tenant to Mr Stone, during which time I used the right-of-way ; I hod conversations with Mr Holder on the matter ; I i.f t«rward3 purchased from Mr Stone, and tho property was conveyed to Mrs White ; while 1 was tenant to Mr Stone I said to Mr Holder that the gra dient was very steep on the road from my land on to the No. 1 Line, near the gate ; the gate is on the No. 