THE ELL CASE.

Lyttelton Times, Volume XCIII, Issue 10652, 13 May 1895, Page 3

THE ELL CASE.

TO THE EDITOR.

Sie,—-It 13 now eighteen years since I first applied to Messrs Hanmsr and Harper for a full statement of my transactions with them. I was put off by promises for a year, and then employed Mr James M’Haffie, accountant. Ho pressed for a statement persistently until August, 1880, when ho received an account of part of the transactions. He asked for a complete statement, which was refused. About this time Mr Leonard Harper offered Mr M’Haffio £SO to quash all further proceeding. This Mr M’Haffie declined, but urged Mr Harper to spend tho £SO in submitting the matters to arbitration. This Mr Harper refused to do. Many more applications were made for accounts, but without avail, and friends coming to my assistance I invoked the aid of /the law, employing Mr John Holmes. Ho first applied for accounts, and being refused issued a writ. Then Mr Harper offered to submit to arbitration. I readily agreed, and the writ was held over. The arbitrators had nearly completed their investigation, when Mr Holmes had to leave to attend to his parliamentary duties. By agreement, a fresh arbitration deed was drawn, extending the time for the arbitrators to make their award. This Mr Harper refused to sign. In consequence the arbitration was not completed, and I was constrained to again soak tho aid of the law, which I have been on and off doing ever since. I have been always ready and willing to submit to arbitration, and have frequently made this fact known to Mr Harper, All I have ever asked for is to have my claims settled on their merits. From March, 18S5, I filed a motion in court asking for the review of tho Registrar’s certificate of account, on tho ground that ho had.coma to an erroneous decision through ignoring an order of the late Mr Justice Johnston, which directed him not to disturb a certain settled account, and had also ignored evidence contained in his notes. My contentions have never been dealt with by the Court on their merits from that day to thia. My first attempt was frustrated by Messrs Harper and Co. making me bankrupt, April, 1885, which was annulled on the ground that the steps were taken for the sola purpose of preventing mo from proceeding against a member of tba firm; my second attempt by a

petition by Messrs Austin and Haskins, and my third attempt, by Mr T. S. Weston, in August, 1836, from which time my bands were completely tied until I was made assignee of my own property by Act c£ Parliament brought in by tho Hon S-. J. Seddon in 189,3. I have asked the Official Assignee of this city since April, 1893, to review tho Registrar's certificate. This he refused to do, and still refuses, although, In the presence of Mr M/Haffie, accountant, I have laid before him the proof_ cd each item I claim. I am at my wits’ end what to do next. Do you not think teat our system of administering justice raighs be improved ?—I am, &a., «G. W. ELL,