THE AUCKLAND LEGAL SENSATION.

Press, Volume XLIV, Issue 6905, 10 November 1887, Page 6

THE AUCKLAND LEGAL SENSATION.

MR RIGBYS CASK.

A celegram from Auckland a few days ago stated that steps had been taken to have the name of Mr Rigby, of Thome and Rigby, solicitors; struck off the roll. The proceedings were taken at the instance of Mrßrassey, solicitor, and the grounds were that Mr Rigby had failed for a large sum of money in England and had left without any settlement having been effected with his creditors. A reporter of the Auckland Star has interviewed Mr Brassey and Mr Rigby on the subject. From his report we take Mr Rigby's statement of the case :— Our reporter found Mr Rigby in his office ereatly distressed in mind by the reports hi circulation to his discredit. He seems to acutely feel the position in which he itplaced. Receiving our reporter with his usual affability and acceding to the request for information as to his antecedents, he gave the following sketch of his career in an easy and unlabored manner:—My name is William Ramwell. I commenced practice in the year 1863, in the Town of Bolton, which is a manufacturing town in Lancashire. I succeeded in the course of a few years in accumulating a large business and in the year 1870 I was doing a business consisting of a large advocacy practice as well as a general commercial business. At that time my standing was second to none in the district, and my pecuniary position was also good. Had 1 then retired from practice, notwithstanding the fact that I had then only been in bu'siuess for a few years, I should have retired with a moderate competency. My health was beginning; to suffer in consequence of my large advocacy practice, and 1 was advised that I came of a consumptive family—my father having died of consumption—it would be necessary for mc to give up a portion of the business. It was also necessary on account of the other portions of my practice having grown considerably. I accordingly took into partnership for a term of ten years a gentleman named Pennington, who came to mc highly recommended. He was a B.A. of the London University, and an L.L.D., and I regret to say that he is since dead. He came to mc solely for the purpose of taking up the advocacy part of the business, our arrangement, as I have said, being for a term of ten years. From this time the professional business did not increase, but unfortunately began to diminish, and it suffered moreover in consequence of our connection with certain joinc stock companies, which did not prosper. Some short time after being joined by Mr Pennington, I entered into business transactions outside the profession—first into a cotton weaving mill; secondly, into a spinning mill which was burnt down, entailing a considerable loss upon mc; again into another spinning mill; and ultimately acquiring the ownership of iron-rolling mills in the neighbourhood of Manchester, The last venture I took up for the purpose of avoiding the loss of some £1500, which I had on loan to the man who was carrying on the business. For some years prior to 1882, the cotton industry and the trade of Lancashire were depressed and an unprofitable business was being carried on, and properties largaly depreciated in value. In the iron works I sustainefl a very heavy loss, and it was the one thing that contributed mainly to jny ruin. I could have coped with the others, but this proved beyond my efforts to control. In carrying on that concern I had the assistance of a Bank in Manchester, to whom I was largely indebted at the time of my failure. I think if I had never gone into that concern at all I Should have been able to have pulled through my troubles. I was considered to be a good man of business, possessing considerable tact, and I was sought by people interested in joint stock undertakings. I became director in several of these in addition to investing my own money in them, and I became liable along with my co-directors for various bank overdrafts. Some of these formed a portion of my liabilities at the time of my failure, though I think most of them have been made up by the other persons who were jointly and severally liable with mc. Still they were taken into account in estimating my liabilities, and thus caused them to be considerably swollen. In tbese concerns I lost heavily as a shareholder. It was well known in the town for several years before my failure that I was losing money in those concerns and was embarrassed, but the general belief was that, with the ceaseless attention which I gave to the undertakings, I should be able to pull through. I did, as a matter of fact, for a long while struggle without cessation from early in the morning till late at n;ght, as a rule never getting home till 10 at night. The continual losses in business finally overcame mc. Those outside business engagements took a great deal of my time away from my legal practice, which, of course, suffered in consequence. My position had been such in the district that I felt if I remained in it and became bankrupt I could never expect to regain my lost practice. My only hope of ever being able to retrieve myself and meet obligations which I considered must be met under all circumstances, was by again following my profession to the exclusion of other outside engagements, abandoning all speculations, and devoting; myself entirely to the profession in which 1 had so well succeeded in earlier years. I can see that it may have been a great mistake

lon my part not to have faced the matter out, and then have sought a home and a new beginning elsewhere. But I was overwhelmed by distress at the position of matters, and I felt that if I i-could get away and find a place where I could reestablish myself, I could devote my time and all my efforts to earning the money which would enable mc to satisfy as least a portion of those to whom I was under obligation. Such was my view in coming to New Zealand and in changing my name, and, since I came to Auckland, I have worked ceaselessly with that sole object in view. Of course I have not been able to do anything up to the present time, because, although I have been doing a considerable and increasing business the time I have been here is too short to enable mc to reap the benefit of it. I was looking forward, with the success which I have met with to being enabled shortly to make arrangements through confidential friends at Home, but the blow which has come upon mc now has paralysed all my efforts. Reporter—When did you arrive in Auckland.

Mr Rigby—l came to Auckland in 1884, passed the necessary law and general knowledge examination, and was admitted early in the year 1883. Mr Thome took mc into partnership, and he estimated my services at such a value that he himself would make almost any sacrifice on my behalf and for the. purpose of assisting mc to set matters straight. It is my intention to have all difficulties arranged at Home if human effort can accomplish it. Reporter—lt ia alleged that you left England with a considerable amount of trust money. Mr Rigby—lt ia at olu 3y untrue

Before I left home I wb* paascaemuch as £500 per week urTCage) in Ctiown commercial transactions, obo? I not leave a single penny of vrag s v paid when I left. It is equally ru that I departed carrying with mc ti usfc moneys to the extent of £65,000, as has been asserted. I came away without a single penny of trust money. Reporter , —What were your liabilities ? Mr Bigby—l cannot say. Reporter—Not even approximately? Mrßigby—No. My professional liabilities, however, were of small amount. Reporter—How came your name to be struck off the English Law Register? Mr Rigby—l ceased to take out my annual certificate when I left England, and as the rule is that only the names of those who take out annual certificates appear upon the Law list, my name ceased to appear after I failed to take out my certifi-

I cate. Reporter—What do you consider are th c ; motives by which Mr Brassej is influenced . in bringing these accusations against you? Mr Rigbv—Simply that I having acted professionally for creditors in his banki ruptcy, fche result of which action was that :he was compelled to pay 20s in the £. i I have never in the coarse of Mr Brassey's bankruptcy proceedings been actuated i either by ill-will or malice, or by any feeling whatever against him. I simply dis- ' charged for my clients a professional duty. ; When T first met Mr Brassey in his bankruptcy in the presence of his creditors I asked him if he had any proposition to submit to his creditors, and he replied that he had none. I asked him if he intended to make any proposition to them, and he stated that he did not. It then became my duty to examine him and to investigate his affairs, the result of which was propositions that were made from time to time, and ultimately an engagement by Brassey to pay 20s in the £. That engagement he has not yet fulfilled. I It only remains to add that Mr Bigby is a first-class barrister, and daring the short . time he has been in Auckland has won ■ genera! esteem.