HARD SWEARING.

Poverty Bay Herald, Volume XIII, Issue 4740, 14 December 1886, Page 4

HARD SWEARING.

Somk peculiar developments took place on December 8 in the Christchurch Resident Magistrate's Court upon the hearing of an interpleader summons. Tho following are the facts : — E. M. Marks a few days since summoned two persons named McCallum and Arbuckle. He obtained judgment against the former and a few days after against the Jatter. The bailiff of the Resident Magistrate's Court, with a warrant of distress, entered McCallum's shop and proceeded to take a list of the things, but just at this time Arbuckle, against whom judgment had not been given, came forward and said the things were his. He showed papers in evidence of his title and the bailiff withdrew. A day or two afterwards Marks obtained judgment against Arbuckle. The bailiff a second time levied upon the goods, when Mrs Pollock (Arbuckle's mother) immediately claimed them. The bailiffs refused to withdraw, and Mrs Pollock brought tho present interpleader to establish her ownership. Mr Beattie appeared for the claimant, and Mr Russell for the execution creditor. Mrs Pollock in her evidence said that she claimed the goods under a bill of sale produced on October 31, 1882. Sho gave a bill of sale over tries* and other goods to her son in consideration of £200. That bill of sale was sacrificed the other day. Mr Russell, in cross-examination, elicited from witness that she was in pecuniary difficulties when she gave the bill of sale ; that sbfe did not receive one penny from her son ; that the object of the document was to protect the goods from the creditors ; that three weeks after giving it sho filed her declaration of insolvency ; that Mr Gilchrist was appointed her trustee, and that he never took any steps to realise the property. He knew all about the preparation of the bill of sale. Arbuckle aworo that the goods were his mother's, and that the bill of sale was given to secure £200. He stated that the money was p? 4 id to his mother in bank notes. He contradicted all that his mother said about the. consideration of the bill of sale. As he was out of Court when she gave her evidence he was unaware of what she said. Arbuckle swore that the £200 had been now repaid by his mother, he having received four years' board and Judging from her since the date of the bill of sale, and £10 in cash. He admitted that he attended a meeting of his mother's creditors four weeks after the date of the bill of Bale, and proved for £80, but could not give a reason why the liability to him should have been reduced within one month by £120. Judgment was given in favor of the execution creditor Marks.

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