An Important Case.

Gisborne Standard and Cook County Gazette, Volume II, Issue 188, 28 August 1888, Page 3

An Important Case.

A case of some interest was heard at the R.M. Court on Friday last. Some bacon belonging to H. Wood had been seized by Mr Devery under distress warrant. An interpleader summons was put in by James Waliace, who claimed the bacon, having purchased it from Wood, prior to the seizure. The following is

the evidence given:— James Wallace, storekeeper at Ormond, deposed: I know Woods. Purchased some bacon from him on August 9. That is the the sale note. The bacon is in James Brown’s possession at the Karaka. After purchasing it I sent a note to Brown to assist Wood to get the bacon removed to his house. It was removed. Mr Murray went up next morning about 9 or 10 o’clock, and Brown refused to give him possession. Murray came to me about 4 o’clock, and told me he had possession. Told him he was telling a falsehood. He said ” keep cool.” Told me he had got possession on the 10th. I did not hear anything more until about five days after.. Murray got possession on the 10th. in the evening. I bought the bacon from Woods on the 9th. On the 10th Murray told me he had taken possession. He went up in the morning. This was about five o’clock when he told me he had possession. I engaged Brown to cure it and look after it. He was doing so. That is bow they got possession. It was green bacon that I got—neither bacon nor pork Cross-examined : I had not seen this bacon. I knew it was green by the time it was killed. I did not see it killed, but knew from what I heard. I did not see it in Brown’s possession. I gave him authority to take possession I » letter from him saying he had possesHave not seen the letter since I sent Brown. That is the note as near as possible. ' Give H. Wood all the assistance you can to remove bacon, as he expects Devery to seize it. I employ you to seize it for me.] Heard Devery was going for Wood. Wood voluntarily sold me the bacon. As soon as he signed the sale note I sent up to Brown. Had not spoken to Brown before about this bacon. Knew what was there. He told me there was about eight or nine cwt. He owed me about £6los lOd. I gave him a clean receipt, and agreed to pay expenses of curing. I did not know Mr King had seized this bacon for rent. Wood came to me between three and four o’clock on the 9 th. Had often spoken to me about this bacon. I gave Wood 10s that day. Murray came to me and told me had seized the bacon. He told me a deliberate lie. He never told me to give him a list of what I claimed. Had no conversation with Devery about the bacon. Murray asked me five days after what claim I had. I refused to tell him because he had told a diabolical lie before. I knew he was a bailiff. I refused to give him any particuIbis* Re-examined : The bailiff asked me by what authority I held the bacon. Henry Wood : I reside at Karaka. Sold Mr Wallace some bacon on August 9. It was at mv place at the Karaka. After I sold it he gave me a note to Tom Brown to take the bacon away. He did ao. I told Wallace it had not been properly cured It wanted drying and smoking. He asked me to give Bfown a hand to finish curing. I did so. Went down to Devery’s. There was a judgment against me on the 9th. and the bailiff came up on the 10th. The bacon was not there. There was some flour, supar, soap, etc. The bacon was at Brown’s. I did not say a deal to bailiff. All I heard him say was about going down on Saturday and seizing the bacon from Brown. That is thebacon I sold to Wallace. I have never had any conversation with the bailiff about the seizure. He showed me a summons and Turton told him he was there first. He turned round when he went out. He wanted to get the door open. Turton had the keys. Cross-examined : After this judgment was obtained against me I went to Ormond. At that time King took possession of the whares, Ido not know what he had possession of. Mr Turton had the keys of the door. I did not know that he was supposed to be in possession of the whare and bacon for King. I left Baraks nt 5 in the morning. I knew that Turton .nd Dennett had the keys. After judgment was obtained I went through Ormond, and went to Mr Ormond’s store. I did not tell him that Turton and Dennett were in possession. I knew that Turton had an order from King, and he told Turton not to let anyone touch the whares. I had sold the bacon to Wallace when the pigs were killed. I did not tell Wallace that Devery had got judgment against me. Did not tell him anything about it. (The best thing you can do is to come and take the bacon because Devery will be seizing it.) I did not say anything to that effect to him. I went back home and Wallace gave me a document to take to Brown. I did not know what was in it. I did not see Wallace sign this paper. Did not tell Wallace that I expected Devery would seize the bacon that night. Did not know anything about the thing. Never seen it. Was present when the bacon was removed. Helped to remove it. Do not think it was three-quarters of a mile that we removed it. Removed the bacon about six or half-past-We removed it because Wallace sent up this note, and Brown came up with a sledge. Tom showed me the letter Wallace had sent for the bacon. They were curing the bacon until Mr Devery took possession. I saw it twice after it was put into Brown’s whare. Gave him a hand to smoke it. I never saw the letter. I had not been had. I did not see the letter, or know the contents of it. I had been negotiating with Wallace about this bacon before the ninth. G. K. Turton, solicitor: I was at Karaka on the ninth of this month. Saw Woods there. On Tuesday, 7th, was at Karaka. Mr Woods was indebted to Mr King, of Makauri, for rent. Mr King gave me and a young man called Harry Dennett an order to distrain. L Order produced.] Amongst items, there were certain pieces of bacon and hams, and three cheeks. On Thursday, the 9th inst., was handed a letter from Mr Mallace, addressed to H. Woods, purporting to be a sale note. I allowed the bacon, hams, and cheeks to go away. On the morning of the 10th, Mr Murray, the bailiff, came up and took possession of the dwelling house (Wood’s) and all the goods inside. He asked me where was the bacon ? I told him it was gone. He said, “ I have enough to satisfy the warrants, but I want to see the end of this bacon swindle between King and Wallace. Murray went away. Came back flve days af erwards and insisted on getting possession of the bacon at Brown’s. The whole of the bacon was taken away ; and the hams, except two. They were cooked afterwards, and we devoured them. I was acting for Mr King, I had possession of the bacon when it was taken away, with Dennett. Mr lung authorised me to-give it up on the night of the 9<h, about half-past seven or eight. Mr King was there when it was removed, and he gave me authority to give it. He was there when the notice from Wallace to Brown was given. Mr King asked Mr Wood was this a fide sale. Wood said it was. He walked away and said, “ Then let it be removed.” I did not help to remove it. I never touched a ham but those I helped to eat. 4 had the keys pf two houses. I think I saw the Authority sent to Brown, if that was the note brought up by the young man on the evening of the 9th. I have seen the original of that. It was something to that effect. I have had a conversation with Wood since then. Not with reference to removing the bacon at that time of the night. It was removed to Brpwn’s house, because they wanted to be in front of the bailiff When Murray came up I told him the bacon was in the bouse. He asked me for it, and I would not give it to him. It Was simply a rush upon time. Harry Wood, cross-examined : There were twelve sides and fourteen hams taken away from my place by Wallace. King was not to get anything from Wallace out of the proceeds of the bacon as far as I know. Wallace was not to pay King anything Bi far as I know. The Bench dismissed the claim with costs.