A Swell Out of Luck.

Clutha Leader, Volume I, Issue 33, 25 February 1875, Page 6

A Swell Out of Luck.

In a cafe Capstick ▼. Badccck — heard at Tokomairiro, before Mr Carew, Resident Magistrate, on 16th inst., fo recover a debt of L 9 9s Gd, the defendant, wl o described himself as a "swell out of luck," deposed that two years ago he received money from Home under his father's* •will; the evenjt,^ T was impressed oo his memory, because he went to see the Mtl- ' bourne Cup lun, when Don Juan won it. The first money he got was L 1,000; that went mo-tly on race horses. Witness re cognised the cheque be had given, on which he was sued ; but what he gave the cheque for he could not recollect. He had received money from Home subsequently to the Ll OOO— nearly another Ll,ooo, he supposed. Defendant was a single man, and kept no house or servants. 'Things were in such a peculiar position just now that be did not know what he had and what he had not If his creditors would allow him time to get well, aud remember, he would settle his affa'rs, but taking him by the wool unsettled him. He had signed a deed in the hospital \ abov.t a month ago, but couM ewear he did not know what he signed. He wanted money to get little comfoits, and would have signed anj'thing. This paper was something about dtftndant's property, which consisted of land, shoos, and houses in Milton worth nearly L 1.500. He cou'd not recollect whether he had previously given a mortgage over that property to Edward Forbes to secure a sum of L 250 The election for the Municipal Council of Milten killed him. Defendant was eorry to say. he knew a person named Albert Lamacb, some time manager of the National Bank, Tokomairiro. He saw Larnach at the National Bank, Port Chal mers, after the election, but cruld not remember the date. Defendant knew no more of dates than did the man in the moon. He remembered getting some money from Lam: eh. Defendant had an indistinct recollection of Forbes's name being mentioned in the bank, but remtm bered nothing about documents feigned in connection with him. Defendant thought Forbes was some office fellow. He was not in the habit'of bothering his head about that sort of fellow. Forbes came to his bedside when he was half dead. Defendant would not swear whether or not he had said that he had only received LIOO out of the L 250. He might get himself into trouble if he got admitting these kind of things. The money was given to pack bim off to Melbourne. Defendant did not remember, in November last, signing a conveyance, of his shops and houses to Philp, of the Commercial Hotel. He renumbered getting some paltry pounds advanced at the time by either Philp or Maule, or somebody, and signing . a document. Mr Reid gave him the money as he was in a buggy going -° town to the hospital. Dyer came to the hospital to see defendant, as he was a friend of his. Dyer was very ! kind to him. Mr Mouat's clerk uf-ed to come to him~at ths hospital, and ' jhuck" a L 5 note at him occasionally. Mouat aid Dyer, might have explained what he was signing, but defendant could not remember. In his condition of health he would have signed anything. At present defendant had no property beyond the clothes on his back* He had owned a section at the crossroads which once belonged to Mr Black, but he did not know what be had done with it. He might have sold it to Mr Dyer.— Mr Taylor : Then you have spent: L 2,000 in two years, and yet have no estab- j Ijjhment and were a single man. Defendant: j No establishment ! I had a deuced fine establishment. The Carandinis were there one ! night, and wel bad lots of champagne, — Plaintiff was called and proved the' debt, and judgment. — The Court made an order for payment within one week, or in default one month's imprisonment.