THE WHITEWASHING PROCESS.

Evening Star, Issue 5592, 9 February 1881, Page 2

THE WHITEWASHING PROCESS.

(From the Auckland 'Star.') Mr W. H. Lingard, wlt« Mrs Lingard, having Uft by the mail tieamer for San FrancUco, the bankruptcy proceeding which h;."ve f-xolttd bo much interest, therefore, will bo proceeded with no farther. After the examination of Mr DeLiac, and the n»tifioaalon mada by Mr Hsskcth—who reprc« eeoUd Mr J. C. Wiiliauscn's o'aim as well

i w the provisional trustee ia bankruptcy—till" he havs to tumiDe Mrs Lingard and i;,ks ether notion, negotiations were, it appesri*, ep«snad up by th« baukrupt for the settlement if Mr J. C. Wilh'amton's debt. Tsia, after tome negotiation, wsb aceomplißhtd, and there being no other debfc I pressed for in the estate, and consequently ua further need to go ou with the bank« ruptcy prooeedings, the petitioner will not apply for hie dissbargo, and one of the meet extraordinary eases that has ever o<»me i before an Auckland Court—and it may fce hoped that ever will—lapses. As the facts of the case have appeared in such a disconnected form, and Mr Lingard attempted from the stage and by other m:ana to prejudice the publio mind against Mr J. C. Williamson, a brief recapitulation of the leading points will be interesting. Ia Amrrica hundreds of thouiands of pounds j were cleared by the production of "H.M.S. j Pinafore," without one B?per.C3 being re- ! turned to Messrs Gilbert and Sullivan. In j the colonics, however, those gentlemen took j steps to e?cure their r'ghts, aod owing to I Lha difficulty of watching distant prodttoI ciens they sold all the privileges for AustraI Ijris to Mr J. C. Williamson for a very ein« i aidor&bie turn cf On arrival in | Australia Mr Williamson found that Mr | Livgard had been coining money in the 1 piece in Melbourne, brushing off its fresh* nesa ai:'*; raying nothing for copyright. Messrs Kelly and 7>i-ti had done the same thing hi Svd'cey, Upon scticu being taken, however, tho latter gentlemen compromised r.m?c*bly. Mr L r ngard would not do so, r-nd Mr Will amson obtained (with costs) iu tho Supreme Court, Melbourne, for LSSG, the action not even being defended by Mr Lingard. When tho judgment was obtained Mr Lingard was piajiog the closing part of a lucrative engagement at Danedin with Mr DeLiia. ths tuccess of this venturo was aworn to by Mr DaLias, who ibposfd thit before tn'ering into it he ofTcred Mr and Mrs Lingard a certainty of L;'o a-NTt'k, which they refined, preferring to go ou sharing terms. According to the figures sworn to by Mr D'-Lias htt} taken upwards of L 2.000 in Auckland, Wellington, and Danedin a'one; and the venture, after paying his _ share of tbo expanses, had bsen a pecuniarily profitable ens to him, and, ho had no doubt, to Mr Lingard alto. From Mr DdLias's evidence it appeared that the average takings for the tm weeks of whi<-h he gave the returns were.

Over L2OO a week, and the Branca ot the company found by Mr Lingaid as hisibhare of the contract Mr PeLias es>im~tod at LoO. Mr Lingard paid half tho toNew Zealand from Svdapy, bat, beyo-i hi* hotel bills and personal expina s, Mr "eLiaa knew of no other expenses Mr Lingard bad to pay In Now Zealand except his comi sny a salarhs. When in Danedro, Mr D Laa propokei to continue the engagement ou the same terms back to Auckland. Ho fcljo offered Mrs Lingard alone LlO a-w«ek for twelve months, but she refused it, requiring LSO t-week. The re-ong?g«ment for the retarn journey was accepted, but in this way—that it Bhould ba with Mr Saarell, who woullengage Mr and Mra Lizard and the company, and fulfil all the cmdi Lions previously appertaining to Mr Lingard's part of the contract. Then Mr L'.ugard aent up to Auckhni a notice of hia intention to go through the Bankruptcy Court. Now, what position did Mr Saarell hold In tho Company before this ? Mr DoLias deposed that when arranging to pay half-raMwjen, he objected to pay half of Mr Swell's pa»sage as being unneceaB»ry, when Mr Lingard replied "If I can afford to pay Llai L 6 a-week, you ought to be able to pay half hia passage." Mr Searell, then, who More was doing the bnsineßß of agent for LG a-weok, or oven, as Mr Lingard swore, LlO a-week, than bacarae tho engager of Mr and Mrs Liagard and tho whole crtmoany. Ani, more wonderful still, Mr Lingard, who refuaeJ LSO from Mr DeLlaa for himself and wife, and L4O a.week a for hia wife alone, swore that ha aocepted enjag-jmont ucd*r Mr Saarell for L 8 &«we«.k, and Mr Sdarell swore that this was all that he paid him, and that j he only gave Mri Lingard L 5 a-week !As Buoh moderate salaries would only pay bare living expenses, of course Mr Lingard oould have no inoonvenient surplus <i c-wa to account for to the truitoe. Upon being pressed, Mr DeLias admitted bis own belief that Mr Searell was only put forward to enable Mr Lingard to get through tho Court in order to evade Mr WilHamson'a debt. He added that he saw no difference whatever In the relations between Lingard and Saarell after the alteration in the form of engagement. .They appeared the samo aa More. After another splendid Beaeon through the provinces and a good Christmas basines*, Mr Searoll swore to a debt ef L3OO due to him by Mr Lingard for salary, tuition, and other mi*cellanies. Oijher members of tho Company made similar claims, Mr Lingard app*red before the trustee, and swore that he had nothing bat an old wardrobe not worth more than L4O to satisfy these pressing debta, including Mr J. C. Williamson's judgment. He was entitled to L 25 under the Ack, and handed over the Lls balanoo to the trustse. The debtor and his creditors met in tho trusted office like a happy family. Mr Saarell proposed that the bankrupt should have his discharge. All the other creditor* present were «o eager to bring about the desired consummation that thoy with one voioe oti«d out "I that," and the trustee having adjusted matters by accepting one seconder, the first stage of the grt-ai whitewashing process went off without a hitch. Notice waa given of an Intention to apply for a final discharge from the C«nrt. Toe day arrived, aid all appeared to be going "merry as a marriage bell," when Mr Justice Gillies, to whose keen perception the affair did not appear altogether satis-; factory, took exception to the way in which the application had been mado, and to tho faot that tho debtor had chosen Auckland to get rid of hia liabilities, Bui a bombshell could hardlv have caused more dismay Van did Mr Hescetb, lepresenting the trustee, when he arose and stated that he waa in possession of infornakioa which tended to shew "fraud, gross oonapiraoy, and perjury in oonneotion with tho case." The subsequent searohing examinations by Mr Hesketh, ending in the settlement of Mr Williamson's claim, have b*eu briefly recapitulated, and Mr Searell and his* 00-croditors being so magnanimously desirous to give the j debtor his dioobarge, Mr Liogard has been allewed to ga. Whether such is an entirely | tatisfaotory ending to so grave an attempt to j abase a Court ©f Justice may be questioned. There are men iu Auckland who for comparatively email ooaosalmeata in bankruptcy | have served long terms of imprisonment ia the oomraoD gaol. It is due, however, to j Mr Maoffarlane, tha\ upon being t (satisfied of the attempt to evade Mr Williamsou's judgment in the Sapremo Court of Victoria, he joined energetically with Mr Heakebb, on behalf of Mr Williamssn, and took the whole responsibility of the proceedings, which resulted in the oomplato defeat of the intended evasion, and the prevention ! of a proceeding whioh would have mado cur i bankruptcy law even a greater assistance to j the evasion of jaiit debts than it r.o';oriously ia already.

From Auctland we learn that on the ovo of the Australia sailing Mr Li>g»rd effected a compromise with the representatives of Mr J. C. Williamson, to whom ho paid tho sum of L 250 in gold. The other creditors, who were all members of hia company, abandoned their claims.

Like a Bird,—lrate sportsman s Why, there's not a bird to be sson anywhere j wherever can thay be gone to, or what can they be doing?— Milder man: Poking their beaks Into other sportsmeu's business, 1 suppose ; and thoir claws will get into people's pies.