LEONARD HARPER'S TRIAL.

Otago Daily Times, Issue 10621, 17 March 1896, Page 5

LEONARD HARPER'S TRIAL.

(Pek United Press Association.)

Wbllington, March 16

The trial of Leonard Harper has begun before a special jury with W. Hotham's case, in which the amount of £3000 is involved. Mr Skerrett and Mr Kippenberger appeared for the Crown ; Sir R. Stout and Mr Chapman for tho defence. Mr Skerrett said that the charges fell under two heads—first, the fraudulent conversion of money entrusted to accused under written authority to invest, and, second, fraudulent conversion as trustee of mortgages or other security held by the accused for Hotham. E. Parkinson, formerly financial manager under Harper, was the first witness. He w»s examined at considerable length with respect to the firm's financial dealings and transactions from 1886 to 1892. In the course of the examination the question arose as to whether the entries in the firm's ledger wore admissible as evidence as against the accused. Mr Skerrett submitted that they were, as the entrios in the ledger were made in the department of the bnsiness which wan under accused's special control and direction. Sir R. Stout urged that as many of the entries were made whilst accused was not iu tho colony the books could not be said to be hie books, but were partnership books. He did not know that it mattered twopence whether the entries were admitted, but the principle involved was a large oue, and he was not disposed to yield it. His Honor thought there was a broad distinction between criminal and civil cases on this point. With regard to having possession, it was manifest that what oue partner had possession of ths other partners must in criminal cases be said to have possession of. The question in this csse was what evidence was to be drawn from these particular books, being tha bsoks of the firm. Upon the present evidence could he leave these books to go to the jury as evidence that the prisoner knew all the contents of thesa books ? He thought he could not do so. Mr Parkinson's evidence seemed rather to justify the inference that accused was not in the habit of looking at these bookt. The jury were to be bound not by what was in the books, but by what it was shown accused knew was in the books.

Mr Skerrett was proceeding to examine with reapect to copies of letters written to Hotham iu England when Sir Robert Stout objeoted. If these letters were to bo put in evidence the original!i must be produced. Mr Skerrett replied that the originals were beyond the jurisdiction of the court, and the court could not compel their production by any process of fhe court, nor could a commission be sout to England for the examination of the person having custody of the documents. Sir R. Stout contended that before secondary evidence conld be admitted it must first be shown that the prosecution had exhausted every means of obtaining the originals. His Honor said it appeared there was no evidence to show application bad been made for the letters. Mr Skerrett said some of the letters were written by the accused whilat residing in New Zealand and some of them signed by him. Sir Robert Stout submitted that a press copy of a letter was not admissible as secondary evidence. His Honor held that a copy of the letter might be seen by witness in order to refresh his moraory as to the directions which he received. As to the other matter, he did not think a press copy of a letter could be put in until evidence was forthcoming to show that efforts bad been made to obtaiu the original letter. Sir B. Stout objected to admitting another letter in the copying book, «nd his Honor took a note of tho objection, fflr Skerrett asked if his Honor would leave the jury to say whether a press copy of letters must have been known to accused. His Honor said if there was evidence to show the contents of the lotters had come to accused's knowledge he would allow the question to go to the jury. Mr Skerrett was proceeding to examine witness as to certain accounts, of which there was a press copy, when his Honor interposed, and said he woulditake some time to consider whether such evidence was admissible. The proceedings then closed for-the day.

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Japan and the Japanese have never so completely monopolised the attention of the world as at the present time. The stories told of them—the people and the country—have hitherto been of the " pretty-pretty" type, and they have been indulgently considered as interesting, though pitiful burlesques of Western civilisation. But, as the French proverb says, "We have changed all that," and the determined character of the Japanese has been forcibly illustrated in the course of the memorable struggle between the great races of the Orient. So near and yet so different, and with all their difference, how absurdly alike. Japan has been aptly named the "land of opposites," and truly, if we except the " mimicry of the Occident," one could hardly have gone astray (a few years back) in reversing in Japan the best established codes of etiquette of England or France. Pierre Lotie, the French novelist, has given in his little book " Madame Crysanthe'me," an insight into Japanese customs. This story of life ashore during the visit ot the French fleet is instructive as well as interesting, especially in the light of later events, the Japanese war not being thought of at the time even of publication. Unfortunately the " opium habit" has to a certain extent established itself in this beautiful country. It is not so prevalent u in China, and it is more than likely that it will give place to a much more healthful and enjoyable ' pastime. Vanity Fair Cigarettes are establishing themselves firmly here, as indeed tha world over, and slready promise to espsl their predecessor.

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