MR HUGH CAMPBELL EXAMINED.

Auckland Star, Volume XIX, Issue 169, 19 July 1888, Page 6

MR HUGH CAMPBELL EXAMINED.

A LIVELY ALTERCATION. Mr Hugh Campbell was then called and Bvrorn. He stated : I joined the firm of Russoll and Campbell on June 13th, 1883. I did not put any capital into the business. At that time I considered myself to be worth about £4.G00. Mr Ivey: What share or the protita did you receive? Mr Campbell: I decline to answer. Mr Irey: What was your incomo from the business? Mr Campbell: About £I.CCO a-year. Mr Ivey: Something under a tenth, I believe. Mr Campbell: You can corno to what conclusions you like about that. Mr Irey: Hare you retired from the partnership? Ivir Campbell: I hare. The dissolution wa« advertised in the newspaper*. Mr Ivey: Is thts withdrawal only temporary? Mr Campbell: 1 hope it will be only temporary. Mr Ivey: Then you gave up a partnership, your interest in which was £1000 per annum, for nothing] Mr Campbell: I gave up :oy interest because my partners insisted upon it, seeing that bankruptcy was imminent. Mr Ivey: Have you made any arrangomsnt for returning to c!ie partnership ! Mr Campbell: None whatever. Mr Ivey: Did you receire any compensation when you retired I Mr Campbell: None. Mr Ivey: Did you think you were behaving iu3tly to your creditors in retiring from a partnership worth £1,000 per annum without any compensation ? Mr Campbell: Most certainly, and my creditors think so too. Mr Ivey: There in one creditor that does not thinlc so Mr Campbell: Only one—the only on» in every caie. Examination continued: My Waitoa property is between l,t>oo and 1,600 acrvi, all freehold, and owned jointly with my brother. There are mortgages (or about £t>,ooo in two amounts. Mr Ivey asked for the particulars of this mortgage, and Mr Campbell stated that full information would be found in a statement which ho had handed in for private reference only, as it concerned his brother as well as himselr. He swore that the statements contained therein were correct, and he was prepared to supplement them if this was desiied. Mr Ivey : 1 cannot understand the statement. Mr Campbell: Well, I cannot give you comprehension. Mr Ivey: Is this£s,ooo In one mortgage? Mr Campbell: I decline to make any statement at present with regard to that. Mr Irey: lam sorry that Mr Campbell takes i up that position. • Mr Golem an: It is not warranted by law. Mr Campbell: I decline to discuss the question of law with you at the present time. Mr Coleman : It is for the Assignee to direct. Mr Lawson said that he had no doubt Mr Campbell would answer anything about his own affairs. Mr Ivey: Is there any other mortgage besides this £6,000? Mr Campbell: lam not going to answer you. Mr Ivey: Then I must hand it over to Mr Coleman. Air Campbell: Yes; I think you had better. Mr Ivey, after looking over tho written statement, said that while Air Campbell said thero was £5,C00 mortgage on the Waitoa property, he saw that thero was another mortgage. Mr Campbell! I did not sa> there was nothing more. There is a full statement about the property before you. Mr Coleman quoted the 64tb section of tho Bankruptcy Act,'and urged that tho bankrupt must submit to such examination as tho meeting required. Mr Campbell: Wo are only giving this information by courtesy. Mr Lawsou : I think that if you ask questions with regard to his own bankruptcy, he will answer you. I understand that you have been asking questions in which he is not solely interested. Mr Coleman : You don't hold that, surely ? Mr Ivey: Then ii' a man comes into the Bankruptcy Court, all he has to do is to Ret a partner i and then refuse to give uny information. Mr I'ufl.sall said tins was not applicable to the present argument. Mr Campbell offered to give the fullest information in writing. Mr Ivey : I want all information on oath. Mr Campbell: lam only too glad to' give you any information, but I decline to have my brother's affairs dragged before the public, Mr Ivey:, VV hy don't you put the lull particulars of your properties in your statement? Mr Campbell: I have just put in what the law required me to do. Mr Coleman : Is there more than £5,000 owing upon tho Waitoa property! Mr Campbell: There is just as much more owing as is Bhown in that statement. Mr Ivey: lam not going to take tip my time by talcing from Mr Campbell little bits of statements ho may be going to put in. Mr Colaman : I presume the Bank will take proceedings to compel an answer. Mr Campbell: The Bank is perfectly welcome to take further proceeding!'. Mr J. B. F.us>ell here observed that they did not know how far such inquisitorial questions might fr,o, and they might affect third persons. Mr Cfampbeil: Mr I^ey's object is hot to get .information, but it is to give the matter publicity that be asks this question. Mr Ivey: How did you receive the money owing on the third mortgage? Mr Campbell: In money. Mr Tvey : What did you do with it? Mr Campbell: Lent it, unfortunately. Mr Coleman: I object to the answer as unsatisfactory, and I ask Mr Lawgon to make a special note of it. Mr Campbell: It is amatter of no consequence what you think about it. Mr Kussell: The question is what the Official Assignee thinks about it. Mr Lawson : I say nothing about it. Mr Coleman : We must ask you to rule one way or the other. Mr Lawson: He declines to answer in another way, and I have no power to compel him to answer otherwise. Mr Coleman: Then I hope you'll brine tho matter before tho Court. Mr Campbell: I should prefer it to go before Judge Gillies. Mr Ivey: There is a third mortgage fora large sum of money, and we must know what consideration was and what became of the money you raised oh that mortgage. Mr Campbell: And I shall be glad to furnish you with all information. Tho books of Russell and Campbell are open to you, to Mr Coleman and all the clerks fn th 6 Bank of New South Wales, and I hopa you will investigate them. Mt Lawson : Is that sufficient, Mr IveyJ Mr Ivey : I do not think the books will show the information we require. It' vro can compel Mr Campbell to give the evidence in another way we shall obtain it. Mr Campbell: Any way but the proper v>ay. Mr Ivey : I am going to have evidence upon oath.

Mr Campbell: You can hare It any w«y you llko, but mr word is m good mmy oath any day«»aß good as your oath niiy day—asd you «»a oxaulno m« tUI you are tin* in prir*t«.

Mr Ivey : I wish to have it nil recorded. Mr Campbell : And I wish to have it recorded that I tender the fullest possible information upon oath at any time Mr Colcman chooses to *SMr n Colom4n : I should also like it recorded that Mr Campbell's objection is totally unfounded, and that, according to the Act, he is guilty of contempt of Court. ,«.„♦ Mr Campbell : I must; ruu the nak of that. Mr Irer : What became of the money that you got on the third mortgage ? ' . Mr Campbell: There is no third mortgage .it is a second mortgage. My bio her and 1 got the money. Mr Coleman : What became of your pornon of it ? . , Mr Campbell: I lost it unfortunately. Mr Ivey : Did it tumble out of your pocket J Mr Campbell: That is not the way money is usually lost. Have you ever lost money mat Mr Ivey: 1 have known a man to lose money from the mast of a ship. ■■r Coleman: In what way did you lose the money t ■ ~ Mr Campbell: In bad speculations, or, rather, bad investments.

Mr Colenian : Since when? Mr Campbell: Shico 1834. Mr Coieiniin : vv hat wore they1? . Mr Campbell: I don't remember; 111 give Mr Lawson a list of them. Mr Campbell was further questioned with reference to the Cambridge property, but declined to answer some of the questions on tne ground that they affected third parties. • A good deal of argumentative discussion ensued. Mr Lawson said that as the questions asked involved others who were not bankrupts, besides Mr Campbell, he did not think it right in exposing their interests. Mr Coleman protested formally, but objected to the manner in which the protest was recorded, and Mr Lawson recommended that it should be sent to him in writing. Mr Campbell, in reply to further questions, said he could not .remember whether hi had sold any gold-mining aluires during the last six months. Ho did not keep any private book 3. He was surety to the I oloi.ial Bank for tue Mount Eden Sawmill Company The bond was for £500, but tnere was only about £1,50 due on it now, and the Bank did not claim from him for it. , a The examination was ultimately adjourned till Wednesday next.