DISTRICT COURT.

Timaru Herald, Volume XLII, Issue 3425, 19 September 1885, Page 3

DISTRICT COURT.

TIJIAEU, Fbiday, Sept. 18th. (Before His Honor Judge Ward.) His Honor took his scat at 10.30 a.m. CIVIL CASE. Mads Hanson v. James Sanderson — Claim £140. Mr Perry for plaintiff j Mr J. "W. White, instructed by Mr Forsler, for defendant. Xko hearing of this case was resumed yesterday morning. Mr White called Francis Fronts, brewer, of Toimika, who gave evidence proving that Haiiseu could read and write, and produced a memo, of accounts marked " Paid " m Hanten's handwriting and signed with Haneen's name. Edward Smith, a butcher of Temuka, who liad known Hansen for six years, and had had business transactions with him during four years, also proved that Hansen could read, write and understand accounts. Witness did not caro to answer the question put by Mr White — "From your knowledge of Hansen do you believe him to be a person whose testimony is worthy of credit ?" Witness admitted, however, that he had private reasons for doubting Hansen's word. To Mr Perry witness eaid he did not know what Hansen's general reputation was at Temuka. Boyd Thompson, a butcher residing at Temuka, eaid Hanson had kept his books, bought and boiled down tallow for witness at the boiling-down works at Temuka, and also explained fully to witness the account sales of the tallow that were sent out from Homo. From his knowledge of Hansen lie would not take his word for much. To Mr Perry witness said Hansen had been out of bis employment for two and a-half years. Ho had none of tho accounts kept by Hansen, or any of Hanson's handwriting with him. Hansen's general reputation at Temuka was that ho was not honest. H. J. Maclean, clerk to Mr Forster, solicitor, was then called by Mr White, and said he wrote the covenants m the duplicate of mortgage on the 21st January, from instructions from Mr Forster. He was instructed between 11 ard 12 o'clock, and he finished writing about 2.15 p.m. When Mr Forster and Sando and Hanson came m the document was then taken into Mr Forster's office (the inner office). Sanderson camo m a few minutes after they had gone into tho office, and went m also. After the interview Saudo and Hansen came out and went away, Mr Forster and Sanderson remaining together. The mortgage duplicate and bill of sale were brought out by Mr Forster and laid on the table ; they were m the same state now as they were then. Mr Forster, after Sando and Hansen had gone, pave witness instructions to prepare another deed. To Mr Perry : Mr Forsler filled m the first part of the mortgage. I did not copy my part after Sando and Sanderson had left tho office. Mr Forster's part was filled m before mino ; he did not fill it m after the interview. I copied the deed of partnership, but I did not see it or tho other document signed on the 28th. I cannot give any reason why Mr Forster's hill of costs is dated tho 29th, and receipted on tho 28th. Jauies Sanderson, the defendant, was next called, and examined at lorgtli. His evidence was corroborative of that given by Sando regarding the negotiations with Basel about the eoap factory, the giving of a bill, and tho drawing up of the bill of sale. The schedule attached to the bill of sale was put m, and witness said Hanel had never complained to him that included were goods that should not be m it. Witness then corroborated tho evidence given by Sando m respect, to the title to land and that given by Mr Forstor of tho interview at his office, and added that nobody left the room during tho interviow. After corroborating tho evidenco about showing the state of accounts, tho sign ing of tho partnership agreement at Mr Forster's office, and tho conversation with Miss Hansen, the witness said the datenionfc made by Hansen that he saw witness on tbo 24th March about tho insurance money m not correct. Witness was iv Cbristchurch from the 17th March to tho 2nd April. Witness saw Hansen a few days before going away, and both went to see Steadman at the Bank, as detailed by Mr Stcadman m his evidence on Wednesday. Witness said he remarked to Mr Stcadman that he thought the mortgage was for only £250. Speaking of the amount of £7 4s, ■witness said a chequo was given for that amount by Sando and Sanderson m payment of Peacock and Qcaney's account, and debited as an advance to Hasel and Co. (Gash-book producod, and entry shown.) This was done because tho cheque was paid out of witness' firm's (Sando and Sanderson) own account. Hasel next morning gave witness an onlor for tho amount, and ho drew a clioque out of Hasol and Cog. cheque book for tho amount. Witness was not awaro that tho first cheque had been signed " Sando and Sanderson per Hasol nnd Co." Witness never knew Sando gayo the chequo. Witness admitted it was a mistake. Witness, nfter stating that he knew Hansen could write, continuod : — Hasel has drawn about £6 for privato oxponscs and Hanson about an equal amount. Allowing for tho £7 4s, tho firm of Hasel and Co. aro indebted to us m the sum of £35. It is made up of tho reclamations on tho tallow. We have rendered an account for the claim for reclamations. Tho total amount of tho reclamations was about £-12. Hansen asked mo for tho deeds of Spurway'a place (tho soap factory building). I told him ho could havo tho lonso as soon as I could got it assigned. I told Hansen afterwards that I had seen Mr Forster but that lie had said ho should want some consideration. I suggested the amount should be 6s or 10j. fiansen referred me to Perry. and Perry, and I asked them for what consideration they would do it. They would not say. I havo nlw.ays boon -willing to transfer tho aesigninent of Spurwav's lease. I gavo a chequo for tho order of 24th January for £3 ss, signed " Hasel and C 0.," to Powell, and a chequo to Howens, Knott and Scarf for £6 4s 70, at Easel's request. To Mr Perry : I don't know what tho exact arrangomoot with Haeel was. Souio of tho things wanted at tho soap factory wore ordered Dy us at Hascl's imtructions. Up to tho Ist Novembor, £100 was advancod. It was spent m plant, fat, etc. Hasel drew about £16 of that. Wo wore not m partnership with Hnsel. Wo charged commission on tho soap wo sold. The inventory I made corroctly represents tho things that were on thepremises lhatday. Hasol was presentation it was nv.iu>. Ho did not object to it m any way. The premises cost £120, and were vuluod to Hnsel at £08. If the business had been his and ho had sold it for £150, he would have been entitled to the, difference between that

and £120. The bill of sale was taken to t secure the promissory note at three months, b The discharge on tho bill o£ »alo purports C to be a receipt from Hasel. I believe the bill of sale was either delivered by mo ; or Sando to Hasel. The bill of sale was taken up at tho same time as the . promissory note. I am certain it was got back before the Ist April. I . gave the promissory note to Hasel himself, and I think the bill of sale was handed back to Hasel before the receipt was put on. We always paid cash when the goods -were weighed. I say distinctly that Hasel gave me • the order for the second cheque (mentioned . above). The order was dated 23rd January, „ but Hasel and Co.'s account was not opened till the next day. Neither of us had anything to do with the private business of Hascl and Co. Tho statement produced shows only a t portion of the etato of accounts ; it does not include the tallow that was shipped Home. Tbero wero three shipments of tallow sent Home. I don't think I corrected Mr Forster , when he read the deed of partnership. I believe the amount of £225 m the partnorship was made up by Hasel and Hansen themselves. Hansen knew when he signed the mortgage that he could buy the business ' for £150. I remember receiving a letter from Perry and Perry. It was a long time before wo received that that wo agreed to assign tho lease to Hunsen. Wo did not agree to give Hasel £50 to enter into the partnership. I don't know whether Hasel and Hanson had a private interview with Sando ou 21st January iv Saodo's office It wus his own look out that Haneen should provide all the capital m the business. It cli'l not seem strange to mo that Hansen should pay off Hasel's bill of sale as he had purchased the works. The amount m the promissory note is m my handwriting j it wus written m at Steaduan's dictation. I told Stcadman the £25 had been paid oft. I have still an account open on the mortgage. I cannot say what amount is owing to tho Bank of New South Wales. I saw Mr Kinnerney for tbe purpose of giving him an account of the explanation asked for m tbo letter I received from Perry and Perry. I cannot swear that I went back to him and then explained how the amount of £275 waß made up. I deny that I offered Haneen £20 to "square the matter." Hansen and Ha«el I believe gave on the 21st January £250 for the soap factory. I do not remember signing an affidavit verifying the statement of claim. To Jlr White: Hasel made no objection to our sale to Hanson; m fact ho seemed glad of it. To Mr Perry (by His Honor) : I don't think Hanson's bill of sale was lodged at the Bank. I don't know whether it was got back. I believe Mr Forster lodged tbe mortgage m the' Bank. I know tbe bill of sale was handed back to Hansen ; possibly IJianded it back. I don't remember where I got it from. To Mr White : Hausen said he did not wish his bill of sale released, as the Bank of New Zealand at Temuka were pressing him. This closed the defendant's cose. Mr Perry said he proposed to call two witnesses to give evidence a3 to the character of one of the witnesses for the defence. His Honor said Mr White had merely called witnesses to rebut the evidence Mr Perry had elicited. He (tho learned Judge) would like to know how far such evidenco was to go. Mr Perry said it was impossible for him to call witnesses as to character until bo bad heard tho evidence of the witnesses bis learned friend had called. He quoted authorities m support of his request, that his witnesses evidence be taken. Mr While said if Mr Perry called witnesses to impugn the character of his (Mr White's) witnesses ho should call witnesses to impugn the character of Mr Perry's witnesses. His Honor thought this case a very unusual one. After hriof aTgumeot between counsel, His Honor said counsel could only examine witnesses as to the general character of the witness ; they could not go into facts. He thought it was tho first case of the kind that had come within his jurisdiction. Mr White asked if he could call evidence as to the good character of the witness. His Honor replied m the affirmative. Mr Perry then called William Hall Zouch, auctioneer, Asliburton, who said : I knew Sando at Ashburton for about three years. Hiß general reputation at that time was not at nil good ; that is speaking of him as a man of business. On my knowledge of bis general character I would not believe him on bis oath. To Mr White : I have not been engaged m various pursuits. I was at one time connected with the Press, but since the Ist August I have beon an auctioneer. My first knowledge of Sundo m Ashburton was m" 1878. He filed m ISBO. I know ho applied for and got his discharge. If I had been there ho would not have got it. Sando signed a bill of sale over this stock to secure certain bills. I went to Sydney m 1879, and when m Sydney I sent a letter to him (produced). When I returned he had not paid one half of the bill duo m October. Ho did not pay it till I came back. Tbe bill of sale was left with my solicitor to act. I asked Sando to execute another bill of sale. He refused. I did not make arrangements with tho Christchurch merchants to supply Sando with more goods as he bad broken his promise to mo. I was elected trustee m his estate. He did not hand over all the goods to me and I had reason to believe he concealed some. I found and took possession of a liorso, cart, and harmonium abo.it three weeks after he filed. This was afterwards tho subject of a District Court caso. Sando bad £40 worth of furniture m a private house on the belt. I let him have £25 worth, according to law, and took tho rest. That was a few months before ho got bis discharge. I could not swear ho got his disehargo ;in fact I don't believe he did. I wrote another letter to him (produced) after the goojfs were sold. I know Sando was made travelling agent for some insuranco company. I have lost money through Sando. I did not liko loaing it under tho circumstances. He swore to me m a private room that as long as bo bad a breath left m him ho would not let me m. It was only through that oath that I endorsed the bill for £280. I did not take any action m the matter of tbe borso, cart, and tinnoni'inn, as his creditors held a- meeting and passed resolutions to tbo effect that they did not think it was worth their while to go any further into the mutter. E. G. Crisp, solicitor, Ashburton, corroborated the evideuce of the last witness as to Sando's character, and said : I don't remember telling Patching that Sando had handed over all his moneys. Sando filed twice, within about twelve months. Wm. Patching, called by Mr White, said : I have bad money transactions with Sando, and havo always found him straightforward . and honest. Bando never deceived me ; he j always kept his word. Mr White asked that Sando might bo recalled to rebut tho ovidenco given by Zoucb. . This, was allowed, and Sando said : Before Zoucb went to Bydney bo asked mo to givo ( him a bill of Sale to secure certain moneys, which I agreed to do. I had to pay for four or five bills of salo. I paid half the bill, half of which money I had to borrow. I asked him to relieve me of tho bill of sale, or elso supply me with goods at reasonable ' terms*. I bad no margin of profit, so I could not buy for cish. Whon Zoueh ( found out that my private creditors wero ( pressing me be did all ho could to get mo ( to givo him another bill of salo. I said I oould not give a bill of sole over other peoples' goods. I filed on tbo 18th February, 18S0. Zouch searched for the horse and cart and took them from the premises of a man to whom I bad sold them and left tbo man to to do tho best he could. I got cash for them. Zouch know that porfcotly well. As agent for tho Insurance Company I havo about £2000 por annum passing through my hands. To Sir Perry : I signed tho fiv3t bill of -sale on my shop counter before Crisp with a dry pen." Thoro wore moro than two signed I know because I had a row with Crisp about tho cost of thorn. I sold the horeo, oart and harmonium, to a man for £50 cash. I havo forgotten the man's namo. Part of tbo money was paid into tbe business. I can't sbow tho entry m this book, as it is only a rough momoranduin book. [Witness was pressed to remember tbo mun s namo and to find tba entry m tho book, but he repeatedly expressed bis inability to do either one or tho other.] E. G. Crisp was recalled, and proved to thoro being only two bills of aule prouarod. His Honor said. a« it would Uk« lome