DISTRICT COURT.-Wednesday.

New Zealand Herald, Volume VII, Issue 1900, 17 February 1870, Page 7

DISTRICT COURT.-Wednesday.

(Before His HonorJJudgeßeckham.) SHJLRP V. Oil'BY, eni.BS, AND HTXNTBR. D. I;. Clarkson, storekeeper, deposed to knowing both Leathern ( and , Sharp. Knew Leathern about sirnionths prior to knowing Sharp. Leathern used to- bring down fl ix, &c. to witnfß3*B.'Stare. / Met? Sharp fi Bt when he broright . -fliusi ibl/bathem's oart.. ;Always understood the tna< to, be eonneotedin bustne ss bat did not know of hiß own knowledge. J. li. Mowbray; Prorvi-ional Trustee in Bankruptcy; produced Gazette notices of his appointment as tru«feara th*eptstoof Leajhe-n. Had Bften Sharpiri his offioe.j- Ke produced a list of certain cattle.,. J, • j, y.!..<Y Efcferenco to,, notes shewed. that Leathern, posted the Tut, to ' Witness' and' Sharpswore that;h» badneVe*hM'ft. ; After argument,, witness was allowed to state the contentr'of Ihejht'dr'drcument, the I

list itself not being forthcoming.' It appeared to h»ve been at memorandum oar to the handing OT*S:,certain;eafctre front d hai p r to; Lieath am ii n "ptßsggiß.--- .Witnaof laid , cl.ini'fo tho proceed* sale of the cattle, and was defending fpy|ji§^-examined' V The - ; date ■ of Gazette October 25, 1&69 On the 13th month sent Wellsupto aecizethe being the"property of thebanbjupt. • 'ui?der. the 14-slh 'section,.but that Section. oloßed' the caoe* for the defence. Mr.' MaoCotaick said he would not attempt to go throneh the evidence, but would at oncs'call David Sharp. : X; David Hharpdepoaed to-leaving eighteen head of <ktt!e "in 'Leathem's. charge when he went to Xngl nd. Bought ; the .cattle himself. Leathern never, paid a penny of the money for them. Produced recsipt for a poiti-n of the all th*t he coald find. Leathom never ftd any iuterest in these cattle. - 'Had sold' eight : head to .Leathern before going- home. 'I hey formed no portion of-the eighteen head left in Lea them's charge. On his return, found them on the run at the Queen's Kedouht. f old eight, of these cattle after he ,came back. Found altogether twenty three. This wag long before . Leathem's bankruptcy. Sold two to Walker, of Bangiawahia, and these sis in dispute. Kpmcmbered biVing a houce in Queen's Kedoub when the troops left, some twelve mon'hs before going home. Lived in it up to that iime. boarded with the Leatheme. Had no interest in the firxwood contract —was merely working.Jfbr/-Leathern, as another labouring man. Always told Olnrksoh the good* were for Leuthem. . Was purchasing flax before going home, but always quite .independently of Leathern. Always, in every case, nold his own parcel. . Lealhem never sold fiax on joint account. Th>* documents do not represent all the] sales of flii on own account, i--ever jointly .purchased from Col ins Once mode a purchaso of Oollinß, and paid cash for it The flax was damnged. (.'roHS-examinsd: Leathern still owes wit-" ness £90 for the eiiht .head of cattle. He gavo a note for them, payable on den.and Wi'ness applied' for payment immediat ly on his return. Had not bewn 'paid. The note was in witneib' home. Didn't heard tba' Leathern was unable to meet his engo-emf-ntu uatil after he had filed his schedule. Qelitsved lie first heard it from Wolls. Had had a conversation with leathern, who told him he ha-* be6nvery unfortunate, and had v lost lots of cattle. Believed Collins had sworn falsely on tho preceding day in the evidence that he gvro. Bfi-Bxumined: Had made an affidavit of tho debt in Leathem's estate. Christopher Leathern, sworn: For the last few years had di alt in fl*x. Had owned a flax mill. Boucht his first machinn in June. ' 1808, from Fraser and Tinne. Ttiok Spraig'r place in March, 1865. fully three months after Sharp left for England. Had Spraeue's pla< e for four weeks on trial. Commenced running a large acoount with Johns in 1866. This wa? all equared np when harp left. It was eight months after starting the.flix mill whi-n the List heavy account commenced. Was never jointly interested with .--harp in flax transactions. Never sold, or attempted to sell any of Sharp's eighteen hea l of cattle. Mr. Wynn drew attention to the fact of witness having been in Court whilst Sharp was giving bis evidence. 'In -cross-examination, witreas said that Collins had made a false statement in his evidence of the day before. Had never bo»n with Sharp to buy flax of Collin". Had bepu once with Sharp in Collins* honse, bnt not to fcuy flax together. Witness did not remember giving a horse in part payment for any Out, to Collins. Did not do so at soy time. Was not solvent on return from Kngland; some three or fuur momh< afterwards found that be coald not meet his engagements and filed his schedule in September. Told Sharp-when'be presented hi< bill, that he had met >with great difficulties acd loaiea. Told him ho,could n>'t settle «'i f h him until after he had settled with Buckland. Told nobody of his state .of insolvency until le showed Mr. J. B. Russell a writ, from the the Supreitio Court. It wai Lowe indAJo* t ion's wit. ToM Sharp this until sifter ho had filed hia schedule. Semembsrcd

doing up to Penn for oiah on an. order for fi'.l-i f'-nn did not speak the truth when ho -"Mjit was «n appliwitian for payment on aoi-oijnt of a heifer. Had never boen paid a of money for the litifor. Had re- ■ eivad tho whole pavment in goods. Hd-ex imined : Had receipts in Collins' InncE writing, for payment for flix. The bill was j four days overdue whan sued up>p. Dil < r.ot until ap to the time know that Jhe would have to sotk tho protection of tho Court. The lettor to Hfughes wa< wri't»in aft'ir service of the writ. Saw Mr. shell on the next day after servic-. Never tuld i Sharp about the businees. Ho never it until after it was in tho public papi-rs. H« was angry abr.ut it, und taiil thatiho would uasisti-d witness through his difficulties if he hat only told him.

Thomas Norris. postmaster, remembered that v harp had between fifteen nud stxtei-n cattle at the timo he left for Kngland. VFimei?a kn'-w of no ono haviuff a claim o:i those cattle but Sharp. Chtistophor Loithem hud ; charge of. them wbiie Sharp was in Kneland. Witnoas's boy used to ftt-h in the oatto for Sharp for ft few pence. This wis -inca Sharp returned from England. '1 t.e Court then adjourned fur half un hour. Jonas Rußfeil. settler, living at Point liusaell, :depf.Bed to knowing Sharp and Leathern in 1867. At that timo he !ive.d at Queer.'* Redoubt. When Sharp left for-JSngliind hj had; somewhero about eighteen or twenty cattle on tho run. Although witness had been living thero about three years, he never heard of the cattle belonging to any other th'\ii :tharo. After Sharp returned from Knglaii'l . witness Baw some of the cattle when hop'iased l that way. During his i-tay at Queen's Be- ' d übt he heard of no partnership between j Sharp and 1 eutham. '•

; Dsvid Grant Temembfiv d working for I eathem on the road contract. Sharp had nothing to do with this contract. Witness h«d known them'for rearg, and did not know of nnv partnership between them. '!

i JoVn Mi Q-iil-gave evidence in bimilar terms I froying Sharp's owneiship to the cattle" Robert t'anaeron was storekeeper for Mr* Simpson at Queen's Hedoubt. Hehadagood many transactions with Leathern. He ltntw of no paitnership between Sharp and ' eotlicm. Witnesß knew that Sharp had cattle when he w«b >n the Transport Corps. Thorn- s Mitchell, dairyman at Monnt Edea, and formerly of the Queen's Redoubt, was next examined to the same V-ffeot. Ho also recollected when Sharp was in Tmnnporl Corps, Leathern was to got produce from two cows belonging to Sharp for taking charge of them.

Counsel addressed the Court bb to the merits of the case, and then,

Hi* Honor said that ■ the whole evidence on which < J efendent relied was foundpd on what was. said by Leathern not by S ntp. There was nothing: whatever'to «liow partner "ship, there T»as nothing toehow any tight cn Mowbray'a part, anii judgment must, therefore pass for plaintiff. ' The question of, coats..was-then a-gued, a dispute arising as to which party was bear the c'nsts or the different adjournments (fou-). The : costs of the. Januuy adjournment and the hearing of the • day amounted to no l<pe than £60. 19a. : , His Honor B»id. that in the absence «f Mr. 1 ffesketh it would ha-dly be right to moke un order, and the question must therefore stand OVUIV The Court was adjourned until Friday morning, at halfrpast ten a.m. .