DEALER & THE TYPIST.

Dominion, Volume 7, Issue 1929, 11 December 1913, Page 5

DEALER & THE TYPIST.

SUPREME COURT CASE. BANKRUPT'S TESTAMENTS. ■ SET THEM ASIDE? A case presenting some unusual features was heard by His Honour the Chief Justice in tho 'Supremo Court yesterday afternoon. It was a suit arising out of bankruptcy proceedings in which the Official Assignee in Bankruptcy proceeded against a bankrupt named John Whit© Harding, under.a statute of Queen Elizabeth, in order to set aside a settlement mado by the bankrupt on his wife. Mr. C. P. Skerrett, K.C., with him Mr. Welch (Wanganui) appeared for the plaintiff, the defendant beinr represented by Sir John Findlay, K.C., with him Mr. W. A. Sim, and Mr. Allison (Wanganui). Mr. Skorrett, in opening his case, said tho action was one by the Official Assignee in Bankruptcy to set aside a transfer of two properties mado by the bankrupt to his wife just antecedent to their . marriage on November 4, 1911. Counsel commented on tho peculiar nature of the agreement and outlined at length tho financial transactions of the defendant.

• Ex-Employea's Evidence. Thomas.Reginald Surrey, at one time in Harding's employ as buyer of stock, said that when Harding returned from Bfisbano ho said to witness. (referring to both beef and stock) that ho had ■made a great loss, and that it would go very hard witli him. Harding said that it' would bo a help to him if somo of tho land was in another persons name. Witness did not fall in_ with Harding's suggestion that ho (witness) should havo a'farm at Otakeho put in his name. „„ ._ ~ • To Sir Johu Findlay:.When Harding proposed to transfer tho Otakeho farm there was no consideration on his (witness's) part, mentioned. Defendant Under Examination. James .AVhite Harding, formerly of Hawera, said that before his bank-j ruptcv he had been a farmer and stockdealer, and was now a wharf labourer | at AVellington. He first met bis present wife in. Auckland in 1910, somewhere about|tho end of the year. At this time ho' was a widower with two children, and on that occasion ho suggested marriage to ffiss Hunt, who laughed at tho idea, saying that she had never given marriage any consideration. Iu proposing to the lady he gavo her no information about himself.. At that time ho was very downhearted, as he had been very much iu Maxwell, of AVaikino, .who, on account of her brother's opposition, had refused to marry him. During subsequent visits to Auckland he met his present wife, who was confidential clerk to the then Mayor of Auckland (Mr. L. J. Bagnall), and each time he spoke to her of marriage. Mr. Skerrett:' Did you not say in your evidence before, the Official Assignee that you.only, spoke to your present'wife of .marriage,on one occasion. M r itness: Yes, but since then my wife reminded mo of tho timo we wcro on the lounge in the Star Hotel.

A Roason for Secrecy. Continuing, witness said that be had not told the young lady anything of his.position or.occupation,,,as.jf he.said he. was a stock dealer, she would- not have .married him. His Honour: Why, what is tho matter with stock dealers? . Witness.: They got a very bad-name,; your Honour. (Laughter.) Mr. Skerrett: Did you tell her you were a widower? —"No."--' 1 '

Did you tell her you had two children? —"Oh, no; if 1 had told her that 1 would never have got her."

Continuing, in reply to Mr. Skerrett, witness said that on the way to Wellington he succeeded in persuading Miss Hunt to leave tho train and stay with him at Hamilton, where' they registered as ,! Mr. and Mrs.. Harding; They subsequently adopted a similar course-in Taumarunui, and then tbey came on to Wellington, where .they stayed for ten days- or a' fortnight. At Hamilton he could not say that anything was said of tho marriage, and while at Welling ton they never discussed tho relative positions they were occupying' towards ono another. He persuaded Miss Hunt to go to Brisbane with him, but on tho trip ho said nothing to her on the subject of getting married. Counsel: Why not? Witness: Because I did not think it good to pester her. Was not marriage mentioned on the trip?—" Yes." Will you swear that? —"Yes; it was mentioned in tho cabin. I know that in my public examination I said that no mention was made of it, but I have rememberod since. "_ Your memory is improving, then?— "Yes." In further reply to counsel, witness said that even on this occasion Miss Hunt pooh-poohed the'idea of marriage, and even up. to this time ho had told her 2iothing as to his business connections, or why ho was going to Brisbane Miss Hunt's brother camo to Brisbano towards tho ciid of June, after they had been there somo weeks. Counsel: Before tho brother came, had yon mentioned marriago to Miss Hunt? Witness: Yes, once. . Well, what happened; did she say she would ?—"No." What did say?—"Oh, eho just pooh-poohed tho idea." Did she then know you were a widower?—" No." Did she know you had any children? -"No." Did she know anything of your business?—" No." ■ Did sho even know tho line of business you were in?—"No; I never told lier; she used to look in the shops when I went into an office, but sho never asked me why I went in.

Proceeding, witness said that when Miss. Hunt's brother camo to Brisbano for her, ho (witness) urged her to stay and marry him. She, however, .said she would not, unless he made a settlement en her of his properties at Tariki, Felldim:. Otakeho. and Norfolk Road.

Mr. Skerrelt: Would you kindly tell His Honour, then, how.she became possessed of the knowledge that you had these properties, if you had told her nothing of your affairs. Witness: AVell, about a fortnight before her brother came she found a newspaper report in my bag, and wo had a row about it.

What was the report?—"lt was of a cas« I hud in New Plymouth before Mr. Justice Cooper." And what did yon have a row about? —-"Oh, about my,having been married and having two'children, and not telling her." The report of the case was produced in Court, and His Honour, on perusing it, remarked that there was no mention in it of the Tariki or Foilding properties. "How, then, could sho have known of them?"

Witness: I told her of them; trying to smooth things over. Mr. Skcrrctt: After going away with hex' brother, the lady returned to Brisbane and again lived with you?—" Yes."

Why?—" Because I wrote to her and offered to niako the settlement on her that she had asked, hut she said sho would not. come unless I first made the Ecttlemont." Did you not say at your public examination' that when sho returned from New Zealand there n'aa no discussion

on the question of settlement?—" Yes; but that was not correct." "Deceiving, not Humbugging." In reply to further questions by Mr. Skerrott, witness said that when Miss Hunt returned to him to Brisbane she asked him what about the settlement, ho said he would sco to that all right. But you didn't ? —"No; I did not want to if I could avoid it." . Then you were humbugging tho girl? —"I would not call it hum bugging her. 1 may have been kind of deceiving her." Did Miss Hunt press you for a settlement or to marry lier ?—"Yes; and when I left on a week's visit to New Zealand I told her that 1 would come back and carry out-my promise." Then your statement to the Official Assignee was incorrect? —"Yes; I had forgotten this last remark." Witness further 6tatcd that he met Miss Hunt when she came to Wellington. Ho and Miss Hunt went to Kawera. A SiicJSon Rosolve.

Was marriage mentioned at Hawera? —"Yes; once. I went into tho room and Miss Hunt was crying. She said that she had had enough of. my company, and that she had discovered a letter at my farm, and was off to Auckland that night if I did not make the settlement." Well, what then?—"Oh, I saw it was all up and I had better make the settlement."

When did you eo to Wanganui to sco Mr. Allison?—"We went straight away that afternoon."

You mentioned nothing about this to tho Official Assignee?—"No; I told you nothing about it." Well, I will tell you to-morrow morning what you did say about it. I won't troubje you with' it now.

I Dealing with tho settlement question, witness said that he had promised to give Miss Hunt all his landed property free of mortgage. In Foster's Hotel at Wa'Jganui, however, he told Miss Hunt that ho could not givo her all the properties." What then ?— "She said that she wanted the two freehold properties free cf mortgage." What did you say to that?—" Well, I said that I could not givo them, but afterwards 1 said I would givo them, but not free of mortgage." Whv did you not mention tho con.versation about the mortgages to tho Official Assigneo?—"This question was not asked. Mr. Allison told mo that Mr. Skerrett was fishing ,for information, and not to>givo any that was not asked for." At this stage, at the suggestion of his Honour, the hearing -was adjourned until 10 a.m. to-day.