DISTRICT COURT.—Tuesday.

New Zealand Herald, Volume VII, Issue 1899, 16 February 1870, Page 5

DISTRICT COURT.—Tuesday.

(Before his Honor Judge Beckliam.) Sharp v. Carey, Grilles, and Hunter (continued). Mr. Macormick for plaintiff, Messrs. Wynn and Richmond for defendants. S. P. Hughes, sworn, produced a letter from Christopher Leathern, in reply to an application for payment of au account due to Lowe and Motion. Mr.MacCormick objected. The letter should first have been shown to the witness Leathern. Witness could not identify the handwriting of the letter; he only knew that he had received such a letter—from Leathern, as he had reason to believe. William Douglas, sworn, understood that in 1867 Sharp and Leathern were partners in a firewood contract. Sharp had told him so. They subsequently commenced buying flax from the hacklers. Never knew them buy flax conjointly. Had conjointly offered to ! buy from him. Before leaving for England, trp had told him he had taken out his share flax and money. He had settled up with. Leathern, and was dissolving partnership. He was handing the cattle over to Leathern as his share. It was understood that they were partners up to the time that Sharp left. Had been told at Papakura that he had done mischief enough already, and if he did more that he would repent it. Argument ensued as to whether this was or was not admissable evidence. The Court could not see that it was in any way shown to be connected with-the. question at issue. Mr. MacCormick objected to the evidence. His witness (Sharp), who was principally concerned, had not been asked a single question on this subject. ir?Mr. Wynn • thought the questions rvere relevant, as tending to show that Sharp had threatenedwitness as to his evidence; in fact, this was actually part of the fraud and collusion the defendants charged' Sharp with. ' Mr. MacCormick said that the questions of fraud and collusion had nothing to do with the case, which was brought merely to "prove aye or no were the six cattle in question the property of Mr. Mowbray, the provisional trustee as part of the estate of Leathern. The right of property was being 'tried, and as to whether there' had been collusion in the sale of the six head. .

Mr. MacOormick, cross ; examined Sharp I and : Leathern live nearly two ' miles from witness's place. They had always lived together ever since he had known them!.. Witness j only had two dealings with Sharp and Leathern in flax. From their own conversation (instances given), witness concluded that were in partnership' in flax. The conversation .took place some three or four months before Sharp went to England. . Sharp .went, to live in Queen's Kedoubt shortly after some time in 1865. Witness recollected Sharp returning from -England. At that time he owned about as miny cattle on the'run as he had previous'to his leaving—about-a score. Some Of'the cattle we're the same-as those possessed'-by him before going to' England. Witness understood" that' the 1 partnership existed immediately after Sharp left the Transport Corps.' Witness instanced several cases in proof of their joint partnership, also that he heard of Leathern getting all the cattle. Leathern: himself told witness that he had cleared out Sharp. Witness had heard the cattle on the run called Sharp's, and sometimes as Leiitbem's. : When . Sharp offered 'wittaess2s. 6d for cutting firewood, bespoke aa .if he mfeant bbth.of them. [[Witness was further examined in particulars, and also reexamined by Mr. Wynn on points brough out.] Thomas Wells, deposed that in 1866 he was living at Pokeno. Sharp and Leathern were living there at that time. Witness stopped there till August, 1868, being agent for, Mr. Johns, who kept a store there. . He knew all who lived there. The first Witness' knew was there bringing butter to Mr. Johns'- store. Witness understood . the produce of the cattle belonged to the two. A man of the name of Collins was keeping . a store and flax machine. Had•made up . running accounts between him and Sharp and Leathern. The account had got into a mess, and witness adjusted it. Sharp was not present when the account was adjusted. Had conversed with Sharp since his return, either in September or October, at Leathem's flax-mill. He said it was no. use disguising matters. Leathern would not see him. Sharp claimed the cattle. Leathern had repeatedly told him that the cattle were his, and that Sharp had taken all the flax and money as his share. At the time of Leathem's bankruptcy the cattle were on the run. There were nineteen of them.

Cross-examined : When Sharp went away: Leathern did not owe Johns a pound. Knew nothing of anything that occurred between August, 1868, and September, 1869. Soon after Sharp left, Leathern asked for credit. Leathern never mentioned any particular number of cattle as having been left to him! The evidence of this witness was principally. matter of understanding,' direct evidence being unobtainable. •John Neale and Charles Pcnn were examined. They were both of opinion that the affair seemed a mixed up one as between Sharp and Leathern. " John Collins, of Tuakau, sworn Had been a flax dresser for four years. In 1866 and 1867 was dressing flax,-and bringing it up to Pokeno for - sale. Leathern and Sharp frequently bought flax from witness ; thought they were buying together. ■;Lehthem used always to pay for it. Sometimes'ShaTp bought flax, but Leathern always paid for it. Sharp paid for the last lot, which he bought to take to England. Joseph Thompson, sworn ; Proved driving the cattle into Otahuhu from Pokeno with plaintiff, who frequently went off the road in a suspicious manner.

Parker Wynn, toll-keeper at Otahuhu, sworn : Deposed to the cattle passing through the toll.

Theophilus Kissling, Deputy Registrar of tljp Supreme Court, produced the documents in bankruptcy connected with the estate of Leathern. If no meeting of creditors had taken place, Mr. Mowbray, the official assignee, would be appointed assignee in accordance with the terms of the Act. A meeting of creditors did take place on the 25th October, when Mr. Mowbray was elected trustee. The Court rose at 4.80 p.m., and will resume this morning at half-past ten.