THE SECRET CASE.

Stratford Evening Post, Volume XXIX, Issue 81, 25 May 1911, Page 6

THE SECRET CASE.

mu. ulAiei’s caustic comments. TRUSTEES' SHOULD HE HEALTHY. AS well as honest. “X H E E LE ME NT if COW M. VN I) AI ENTS At tho Supreme; Court at Wellington last we6k, the Prdag telegrams told T. K. MacDonald applied throngll Jus .Solicitor, Mr. Treadwell, for the dis charge of it writ of attachment made against him. The Press' Asaocjal ionagent <lid not forward’; a very , full ae count. We take I fie following from tin Wellington papers. The particulars will ho read with interest. It will he re collected that tlie deapositions of a minr her of doctors were handed hi to show • that defendant was in 'such a state ol • health that imprisonment might, provr detrimental to him. Mr., HI Air! in replying to the arguments 'of Mr. Treadwell, was very caustic. He said that Mr.'- Tn a.iweil had used language whirli would imikfate that lie and his clfcyit felt very strongly the disgrace of inipmonifieiit: Tie had. however t quite overlooked the fact that> tljnt part of the matter had already been disposed of as imprisonment had actually taken plafa. The ordinary, everyday honest man felt, it was a d*s ; grace to have dciie something; that, was worthy''-of pi'mislimer t, and probably also felt that having undergone that punishment hu had to some extent .expiated thy disgrace. But this was not Mac- , DonaldY point of v’qw- The fact that the haft incurred disgrace was n-ot a matter -that worried him, hut it was the fact Mini he was liable ami that thene was.,a risk that he would have to undergo punishment. Mr. Treadwell had asked wh it Aood object ' would he served !rv the imprisonment. He, (Mr. Blair) said dibit a good piildh- object would he served ami that, if the Court discharged defendant because Ire happened to he sick they would arrive at this position--that When people Were choosing a, trustee. not .only would they have to ascertain' that he was an honest man, hut also .(.hat he was a healthy man. because a sick man could do with impunity what i a well man could not do. ‘‘ft is not a question of health at all,'’ the Chief Justice interposed. “It is a question of whether imprisonment is likely to precipitate dangerous symptoms.’’ Mr. , Blair apprehended that the Court would want a little, more than . the mere fact that tile defendant was ill to tike a wav from tie.- plaintiffs that which the Court of Appeal had given them— the only means they had of enforcing payment of this 'particular debt. He had very ,little doubt that if they got what the Court had given ■ them the money would be forthcoming. “It is not certain; it will,” rem irked Mr. Treadwell. onsT.u-u:?’ ix the wav. “1 fee), just as certain of- that as • my friend is uncertain.” Mr, Blair readied. “We arc brought here at the last moment, and every possible obstacle U put in our way. The condition of the defendant is a long and ■ old-standing trouble. It was there in ’March last, hut the defendant puts us to the. expense of proceeding in I lie Court of Appeal, and then at Hie las! moment, after he has failed and every ether dear is (dint, ho springs this upon US ami comes here with no satisfactory evidence except Ids own word the word of a dishonest and fraudulent trustee. He asks us to accept his word that he has nothing. Bat there is another . affidavit that. :viy s that In- U interestfed in a company and owns practically- ■’ the whole- of it.' ■ Mr. Justice Chapman: Would not •'.■■..bankruptcy proceedings bring all these • mailers to light? VMr, Blair:- Vcs, b\it you will see. that, it is not a question of what we can , do subsopuently, hut what means of ’■•.•""•"'it the defendant lias now, g .justice Clinpinan, Th:|t. yon (-.-Hi In ( hi‘'Ugli -pioi'r-editig* id. bank-

SOME REASON BEHIND. Mr, Blair: The deftn-.hmt him- -II could do it. He canid divest him-.-u by going bankrupt, hut he does not. 'i’llere is some reason for it. if he was bankrupt it would at once satisfy fluCourt t’liat he has nothing, bud In' doesn’t do ii. lie holds one Of the highest paid offices in Idle kind. Mr. justice Cimpmand Yon con'd inake hini bankrupt. Mr. Blair: But you Will find H would take us a very long time to" do, probably six months;. The Chief Just do: Why? Mr. Blair; y}o. kVivq not got jddgmml yeti The defendant tomes and suggest - thud: lie cannot - pay one sing!/* pointy oi this amount. Mr. Treadwell: Hut. you have refuses £2OOO in Cash.. Sir, Biair: So yo"i* say that having refused it y/e will gel: nothing. because he happens to lie a sick man? H Heir Honors consider that the mere fact of possible danger from incarceration in gaol is in itself* sulficirnl to entitle a tls? faulting trustee ami a man .with some means- for there is no doubt he has sqnjf- -to go sent tree, then the jKisiliou with regard to trustees is very dangerops indeed. The doctors’ affidavit* show that, defendant is suffering from two maladies. 'They appear to be agreed tljat tlik* question a-' (o whether- limn ( i's v ’ finger to health depends upon i-x e'essiye mental worry or excitement. The Chief ,1 list ice: Come, they don't sav thru . On Hie coni raw. they sal “any! m; ritft] distress howsoever caused.' .Mr. Blair urged th-it it was necessary to septuutc hie dial Mir tress, so far as defendaij!; was concerned a-cording to the manlier in, which it was caused. Ho far as any mental distress was .eon cenud, that was;a matter which would 'Tie present whetlidivltrtpflsbned or not. Mental distress or worry would come on, supposing defendant Was made bankrupt. "The defendant is a man,” said counsel, "who for many years .has gone abbot, his business as an honest mao. but we know .that for mapy years he has been robbing a trust estate, and surely a man who far sy long has borne a burden of (be kind without’ seriously Inconveniencing hims.eif must bo’ n, man who by this time has become casehardened to wrogg-dolUg and crime. We must look at the defend;infs Temperament, and'the question is: Will he suffer that rnenthl di-Tn-.-i which will possible bring on a recurrence of bis trouble or. at j-east, weaken the tone of the blood-vessels of the lira hi? There is.an instance of what he gnu stand. He was in tlm Court last week when it was .decided that he nutgi: go to goal. ( D;d it biiug on .-i inortnl attack of an' aprfdectic’.'■"’iKuro? ft wjvb a sent eri c-tv that/was a shork. but if tares not a sufficient shock to bowl over the defendant in this ease. We know what, he will Stand, He stood the Rhode- of the proceedings and the order against him. and the virtual sentence c-f imprisonment, and, having done tin's, he must be bf a temperament to- stand anything. We are dealing with 11 man who is, caseha Atoned to this sort of thing, and can stand more than the ordinary nlan possibly could, so far as publicity and talking about his dishonesty is/ concerned. "EDI EK E OF EFFRONTRY.” Nothing thlitf could be done to defendant will living noon him or make him feel any greater .worry or distress than be at present, feels. The yew; j.ys.t affidavit 1 ! he Tiled lias but the coning stone upon the large edifice of cffnuitry he Inis created. He says that notwithstanding the judgment, of the Court the estate is still indebted to him in a large quinr -foy commission, quite overlooking the Tact that, be has already been allowed commission. Gaol wouldn’t touch t\ny man who hid had the effmntry to do that. No ease had been quoted showing that a trustee was aide to procure his discharge without some purging of his, contempt.

“REST AND QUIET.” The. Chief Justice: But how otherwise are you going' to get over these affidavits? The doctors have stated that the treatment the defendant needs is "rest and quiet,” and that he be kept free from menial worry’ and excitement. Mr. Blair: Weil, your Hanoi', even if he does not need rest and quiet, is it not pm Hide that ire con id have that and lie 'imprisoned, too? It seems to s me that li eemild have enough rest • and quiet in the : Terrace Gaol. Tim time fact that he is imprisoned might eliminate mental worry and ext itenmn t. ; Tlio t'hjef -tustiee; You are asking us to deal with a medical question against the opinion of the doctors you call as witnesses.' Mr. Pl,air: Every one of the doctors avoids an answer in the question of the man’s temperament. Your Honors will aeg,that, if you take the affidavits of the doctors as a whole, they are f speaking nf wha t to their mind would be a very great shock hr »lk. ordinary man. “THE ELEVENTH COMMANDMENT.” Mr. Blair; There Is no doubt thru, mental worry of, this particular kind lias had something to do with it, but I ikiuk ■That piadiably the tiling that worries him, most is what is called a breach 'of tin*, eleventh ■ cmmmandim'ul, “'Chou shall not lie found Outr” it does jtof;' worry him Unit he has done this thing. What worries him is' (hat he has been found out. I suggest that in this .matter the Court has a. duty to perform ill the juTirisJimeut ,of a fraudulent t.rustec. A later affiffivil. shdws that tlicrr .•a more involved than the actual amounfc asked for in this case. , The defendant has received special consideration.' Tic was a man high in position in the estimat ion of his fellows, a man supposed lo be looked up to. He-xVas n man uadeserving of that particular position in which he was. ills offence, therefore, from that point of view, was so mu h the greater, and his punishment should be so much the greater. The judges ruled that in view of' the, medical evidence they could not order imprisonment. They made an order of discharge without prejudice, pointing out Hint the defendant remained under contempt and , it. was still open for plaintiffs to insist on payment by every means open to them.