"PERSISTENT MISREPRESENTATION."

Wanganui Herald, Volume XIV, Issue 3926, 21 August 1880, Page 2

"PERSISTENT MISREPRESENTATION."

TO THE EDITOR,

Sib, — In your issue of the 19th instant appears a voluminous letter from Mr MeMinn, having reference to the nonpayment of his Avitnesses in the case of McMinn v. Kirkbride, heard in July last. It is not my intention to take up your space in replying to those portions of Mr McMinn's letter Avhich caused me to refuse it insertion in the Advocate (the public are probably cm fait Avith myself as to the motives Avhich led to their being penned) ; but if, as Mr McMinn Avould have me believe, he has acted straightforwardly towards his Avitnesses, why all this fuss on his part in reply to my "answer to correspondents." Why beat about the bush for that publicity which lie is unable to obtain in the columns of the paper with Avhich he is connected ? I am glad to learn that Mr McMinn has at last seen the expediency of paying some of his Avitnesses, though I may be pardoned for doubting his assertion that those unpaid are in no way alarmed at the prospect of losing their money. Surely Avhen rumour is rife to the effect that Mr McMinn is about to purchase the half of Halcombe, including the Hotel there, it would be as Avell to establish confidence by the payments of such small amounts as those due to his ■witnesses, especially when the horrid people will persist in preferring cash to credit payments. With regai'd to the payment of my oavii Avitnesses, I may inform that five out of the number Avere paid prior to the delivery of the judgment, two more on the 19th, and the remainder, being indebted to the office, Avere either credited, at their own desire, with the amounts due to them, or refused to put in a claim for expenses altogether. One point more and I liaA'e done : Mr McMinn would have me believe that it Avas to his intercession that I am indebted for being relieved from the payment of the three guineas which the R. M. added to the amount allowed by laAV to plaintiff's solicitor. I regret that he should have been so magnanimous to such an ungrateful recipient, and should much preferred to have reoeived the execution alluded to — if it could have been issued. Unfortunately for the plaintiff's generosity, hoAvever, the Resident Magistrate's Act limits the fee payable to any solicitor in any case heard in an R.M. Court to just half the amount Avhich was sought to be obtained from me. No doubt Mr McMinn would have preferred the six rather than the three guineas ; but until steps are taken to compel me to pay it, there is but small chance of his obtaining the money. It is Avorthy of remark that although Mr McMinn's effusion occupies close on a column of your paper, it does not contain any satisfactory reason for the delay in paying his witnesses, especially those of them who reside in Feilding. The money Avas paid into Court on the 14th of July, and no reasonable excuse can be adduced why the money avsvs not handed over to the Avitnesses at once. It is a pity Mr McMinn doesn't explain lioav it was the report got about that I was moving for a new trial, and had consequently not paid the money into Court. — Yours, &c, J. L. Kirkbride.