A BILL OF SALE.

Auckland Star, Volume XLI, Issue 101, 29 April 1910, Page 5

A BILL OF SALE.

MR. HALL S____TON EXPLAINS, j A bill of sale, given by an Austrian named M. A. Ferri to Mr. Hall Skelton,' soli—tor, was the subject of tome re__r__ from the Bench last week at the Magistrate's Court, in the course of the hear-1 ing of a j_lgment summons case, Laurie v. Ferri. The matter was adjourned to I secure' the attendance of Mr. Skelton, ana | was called on again this morning. Mr. Skelton said he was present in j response to hi_ Worship's request in a private interview. Mr. Kettle said the position was that Ferri swoTe that under the bill of sale, I goods to the value of £130 were seized. and he. had not been able to receive any account. j Mr. Gregory, who appeared for the judgment creditor, said he had since got an account from Mr. Skelton, and understood there was still a debt owing to Mr. Skelton. However, Mr. Skelton was now present, and would explain the matter himself. His Worship said it had been found impossible to secure the attendance of Mr. Skelton, and the matter was adjourned j to allow him to make any explanation _c wished. Mr. Skelton was asked to go into the box, and make his explanation j on oath. Mr. Skelton said he appeared in response to the'request of the Court. His Worship: You are here on subpoena. Mr. Skelton remarked that he had not been subpoenaed. , ' His Worship said very well, but he would hear any statement on oath. He had made endeavours to get Mr. Skelton to come to the court, but withiqut success. Mr. Skelton said he had come to the Magistrate's room with his managing cleTk, and the Magistrate was not in. Mr. Kettle replied that was not the place to go to. Mr. Skelton should have come to the Court: Mr. Skelton went into the box and took the oath. In the course of his statement he said he seized the goods mentioned in the schedule of the bill of sale, and they were p'Jt up to auction. Hf had not received the account till last Saturday. This was handed in, and counsel also put in the statement of account between himself and Ferri. Re said that on a former occasion the matter was before the Court, and he then produced his books in' response to allegations that no money had passed in connection with the bill of sale. His Worship then said he was satisfied that the money had passed, and so far as witness was concerned it was- an honest transaction. His Worship remarked that he had been satisfied that money had passed, but- they were not going into that matter again. The point was that Ferri now swore on oath that £130 worth of goods had been sold, and he could -not get any account from the wit—ess. Mr. Skelton said Ferri had never been near him; and never asked for any partie___s. "Witness thought it only fair that _c should be allowed to make a statement in regard to the remarks of the Court reported in the Press. His Worship: I have nothing to do with the Press. Mr. Skelton: You asked Ferri if "this was an honest advance," and whether the money was paid back again. That is practically alleging fraud, and it is a reflection on my character. Mr. Kettle: Not at all. I only wanted to get at the true facte of the caseMr. Sketton: Your Worship comes, forward and says, "At the time I thought the ___s_ctio& " His Worship: I have a perfect right to say anything lo—ke. Mr. Skelto-: These matters reflected on my reputation and my private chamaster. My clients have been coming into my office and as—ing why I was connected with this fraud. His Worship: Ferri swore on his oath that these goods -had been seized, and he could get no explanation. You say that he never applied to you? Mr. Sketton: Never. As to the £130 being the value, that £S his valuation. His Worship: Yes, of course. .That is so. Mr. Skelton again complained of the remarks made from the Bench last week, and said he did not think the Court would desire to injure a young practitioner. His Worship: I only desired to give you an opportunity of explaixdag the matter. I understood that you refused to come to the Court. You were, I understood, seen downs—— '3, and when told that you were wanted here you. refused to came. Mr. Skelton contended that this did not put his position clearly. Mr. Campbell (the bail—f), in answer to the Court, said he had seen Mr. Skelton downstairs, told him that* the Magistrate wanted to see him, and he refused to come. Mr. Skelton proceeded to ask Mr. Campbell several questions, when the Magistrate interrupted with, "I am quite satisfied that what Mr. Campbell says is true/ After Mr. Skelton left the witness-box he asked if the Court now absolved _im from any imputation regarding the-trans-action after having heard' his explana_on and seen the accounts of the auctioneers. His Worship: I have nothing further to say in the matter. I am not inquiring into your conduct at all. - Mr. Skelto-.: You said you ' _t_l thought .the tran-action was fishy." His Wo__ip: Yes; and I still think, so far as Mr. Ferri is conce—led. .

Mr. Skelton said he was present in response to hi_ Worship's request in a private interview.

Mr. Kettle said the position wa-s that Ferri swoTe that under the bill of sale, goods to the value of £130 were seized and he. had not been able to receive any account.

Mr. Gregory, who appeared for the judgment creditor, said he had since got an account from Mr. Skelton, and understood there was still a debt owing to Mr. Skelton. However, Mr. Skelton was now present, and would explain the matter himself.

His Worship said it had been found impossible to secure the attendance of Hi. Skelton, and the matter was adjourned to allow him to make any explanation he wished. Mr. Skelton was asked to go into the box, and make his explanation on oath.

Mr. Skelton said he appeared in response to the'request of the Court. His Worship-. You are here on subpoena. Mr. Skelton remarked that he had not been subpoenaed. , His Worship said very well, but he would hear any statement on oath. He had made endeavours to get Mr. Skelton to co_e to the court, but without success.

Mr. Skelton said he had come to the Magistrate's room with his managing cleTk, and the Magistrate was not in.

Mr. Kettle replied that was not the place to go to. Mr. Skelton should have come to the Court:

Mr. Skelton went into the box and took the oath. In the course of his statement he said he seized the goods mentioned in the schedule of the bill of sale, and they were p'Jt up to auction. Hf had not received the account till last Saturday. This was handed in, and counsel also put in the statement of account between himself and Ferri. lie said that on a former occasion the matter was before the Court, and he then produced his books in' response to allegations that no money had passed in connection with the bill of sale. His Worship then said he was satisfied that the money had passed, and so far as witness was concerned it was- an honest transaction.

His Worship remarked that he had been satisfied that money had passed, but- they were not going into that matter again. The point was that Ferri now swore on oath that £130 worth of goods had been sold, ahd he could -not get any account from the wit—ess.

Mi. Skelton said Ferri had never been near him; and never asked for any partie___s. "Witness thought it only fair that _c should be allowed to make a statement in regard to the remarks of the Court reported in the Press.

His Worship: I have nothing to do with the Press.

Mr. Skelton: You asked Ferri if "this was an honest advance," and whether the money was paid back again. That is practically alleging fraud, and it is a reflection on my character.

Mr. Kettle: Not at all. I only wanted to get at the true facts of the case. Mr. Sketton: Your Worship comes, forward and says, "At the time I thought the -ransactio— "

His Worship: I have a perfect right to say anything lo~ke.

Mr. Skelto-: These matters reflected on my reputation and my private chamaster. My clients have been coming into my office and as—ing why 1 was connected with this fraud.

His Worship: Ferri swore on his oath that these goods -had been seized, and he could get no explanation. You say that he never applied to you?

Mr. Skelton: Never. As to the £130 being the value, that £S his valoation. His Worship: Yes, of course. .That is so.

Mr. Skelton again comprairled of the remarks made from the Bench last week, and said he did not think the Court would desire to injure a young practitioner.

His Worship: I only desired to give you an opportunity of explaining the matter. I understood that you refused to come to the Court. You were, I understood, seen downs—— '3, and when told that you were wanted here you refused to come.

Mr. Skelton contended that this did not put his position clearly.

His Worship: I have nothing further to say in the ——.tter. I am not inquiring into your conduct at all. - Mr. Skelto—: You said you "still thought .the tra_sactkm was fishy."