SUPREME COURT.

Otago Daily Times, Issue 8456, 1 April 1889, Page 4

SUPREME COURT.

CIVIL SITTINGS. Satuhday, Maech 30. . (Before his Honor Mr Justice Williams.)

WINMILL V. GALLIE AND OTHERS.

A suit to test the validity of the will of the late John Gallic. ■

Mr J. F. M. Fraser appeared for the plaintiff, and Mr F. R. Chapman for the defence.

The hearing of this case was resumed at halfpast 10 o'clock.

John Gallic (examination in chief resumed) said that he had subsequently communicated with Mr Ludford.but not with reference to this case. Ludford asked witness to take his daughter for a while as she was ill ahd he had nowhere to send her to, and this he had done. Although he (witness) had had many a '" barney" wifch Cassie he considered he had always remained on good terms with her and that she would always listen to his advice. When he reproved her for her conduct; at home she would generally cry and promise to do better. After Cassie left home he saw her, and on his mother's behalf offered her 15s a week, but she said she would take nothing but a lump sum. He had not the slightest recollection of any inquiry being made by Mr Dick. He did not mean to say that Mr Dick had not put questions to him, but he had no recollection of his doing so. It was not until about three weeks ago when he was speaking to Mr Dick that he heard something about a scandal in which his (witness') mother's name was mentioned. He remembered going to Nelson College in 1867. He went with his mother, who also took her son Henry. They were recommended by the principal of the college, the Rev. Mr.M'Lean, to go to a certain boarding house, and they went there, and all occupied the one room. He saw Mr Walker once on the street when in Nelson.

Cross-examined by Mr Fraser : Witness did not see Mr Walker at the lodgings in Nelson. He did not know that Cassie was in very straitened circumstances after she left her home, aud was not aware that she had to sell her watch and "some clothing for maintenance. He had given her a little money, not because he thought she was in heed of it,* but because he knew thafc like ofcher girls she could do with an extra pound or two at any time. He met Cassie once in business hours, and she said she had left her situation. Some time after this he met her again, and told her she would probably get a situation if she replied to a certain advertisement. It was then she said she was going to get married. Cassie was always dissatisfied; it was her nature.

Mr Fraser: This is an extract from one of Cassie's lettera* to Lydia—" They pass by me as if I was dirt if ever I meet them. I have just got back to work again. I have been away about three months. They knew I was away, and they have not given me a 'penny. They could not have treated a dog worse than they have treated me." How do you explain that ?

Witness: I am net responsible for the actions of my family. That news comes as a great surprise to me.

Mr Fraser: This is an extract from another of Cassie's letters to Lydia—"ln the-first place, mother disliked,me for being so like you. It seems mockery to say 'mother.' And. then, again, I used to take father's part when I saw the way he was treated." Can you explain how it is that your sister wrote these words in December 1886?

Witness: It was purely imagination on her part. She was not like Lydia at all.—Continuing, witness said he remembered one occasion on which his sister Cassie was turned out, and he took her to. his house. While she was there there was no coolness between witness and his mother. He .remembered no tiffs he had with his mother; he always allowed them to go by. He was not a man to bear malice towards anyone, excepting oneman. Mr Fraser: And who is that? Witness: You.—(Laughter.) Mr Fraser: And you bear malice towards me?

Witness: Yes; for your ungehtlemanly conduct.

* Mr Fraser: Oh! you had better not let that interfere with your evidence.

Witness: Oh, no. Mr Fraser: Remember the standard ybu have to live up to, please.

Witness: Oh yes, I'll never forget it.—Witness continued: He knew Mrs Hill, as he had seen her going to the Baptist Church. He did not know why Cassie left his house. He did not remember asking Mrs Hill to take Cassie in, but he might have done so. While at Wellington witness made money out of some New Zealand Shipping Company's shares, and he also bought some properties, and settled them on his wife. A petition in bankruptcy was filed against him because he declined to pay a judgment given against him in a law suit. Eventually he got money from his wife through the Bank of' New South Wales on these properties. When he saw his sister in Wellington he did not hear a single word about Travers' letter. His sister certainly did not ask him if her father recovered his mind before he died.

Mr Fraser: What happened at the interview ? Witness: • If you want the scene, it was this: She came and put her arms round my neck, and said, " Is it' Johnnie, can it be Johnnie?"— aud Johnnie never said anything. There was a good deal of salt water flowing. Mr Fraser: Did you weep ? Witness : Probably I did; but' there was very little said.

Mr Fraser: Can you tell me how long you wept on each others'necks ?

Witness: Probably for some minutes. I won't say we were mingling our tears; but I was considerably soft-hearted afc the time.

Mr Fraser: If your sister gives another account of the interview would you contradict her?

Witness: I would nofc like to call my sister a liar; bufc I should say her feelings gob the better of her and that she did not remember what happened.

Mr Fraser: Thank yon very much. I will try to get her to let you down in the same way. Witness continued: Witness' mother did not pay Harcourt; thafc was another mare's nest that had been discovered. If Mr Bathgate said sbe had done so he would say "he was another," bufc Mr Bathgate would not say that or anything like it. Witness had heard since that his mother haci'without his consent made an offer of settlement, but ifc was not accepted. ' Witness was then cross-examined in detail on his evidence in chief.

Mr Fraser: Have you ever said to any person that you could not step into the box and swear that your father was sane afc the time he made thewill?

Witness: That I could not? No; I never said 1 could not.

Shortly after 1 o'clock the further hearing of the case was adjourned until 2 o'clock on Tuesday nest, when the cross-examination of the witness will be resumejd.

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