SUPREME COURT.

Evening Star, Issue 3019, 23 October 1872, Page 2

SUPREME COURT.

NISI PRIUS SITTINGS,

This Day

(Before Mr Justice Chapman.) .N U'JTIvK V. I’UJTCUAIU). Mr Smith, iu opening the defendant’s case, sketched the evidence that would be given The case was brought by the Curator of Intestate Estates, with a view to setting aside a bill of sale, by which the defendant (Pritchard) purchased from the deceased Roddam two teams and waggons. Pritchard was charged with having taken advantage of the weak state of mind in which Roddam was said to have been laboring at the time of signing the bill of sale, in consequence of his drinking habits, to obtain his property from him at an under value. The defence was set out in the pleas to the declaration, and it was to this effect: that at the time of making the sale, Koddam was in a sound state of mind, and that the price given by Pritchard was a fair one. These J wo things he intended to prove to the satisfaction of the jury ; and having heard the evidence, lie thought they would be convinced—whatever might have been lloddam’s motive for going out of the country—however much his friend John Scott assisted, or Pritchard connived at, Roddain’s going out of the country to evade payment'of claims, whether unjust or really due—whatever view they might take of that part of the business, he submitted that after hearing the evidence he intended to call, they could come to no other conclusion than this : that Roddam at the time of signing the bill of sale was as much in his right senses, or as capable of transacting this piece of business, as anyone could be. The facts that would be laid before the jury would be shortly these :—lloddam, for a number of years, carried on business us an up-country carrier, and in the early part of the year visited Victoria, partly for the purpose of getting treatment for an affection of the eye. He returned to Dunedin in April, and for fellow-pacsengers had John Scott, of the Royal George Stables, an l John lame, a well-known horse-dealer. During the passage, Roddam stated to both his intention of closing up his affairs here and returning to Victoria —Swanhill, on the Murray, was the place mentioned by him. He mentioned his intention of selling his team and waggons, and also mentioned the price he wanted for them, vi/., LSUO. This was some time borore he came into contact with Pritchard, Roddam made an offer of the horses and waggons to luiric, who refused to buy them. It would be shown that a great uumbpr of these

horses, as had been already stated, were old—so old, indeed, that Anderson, one of the plaintiff’s witnesses, said he would not have had them at any price. It would also be proved that before Pritchard was in treaty with Roddam for the purchase of the horses, Roddam offered the whole concern to one Henry M‘Donald for LSOO, who also declined to buy. Those parties having refused to purchase, and having failed to obtain his own price. Roddam, a few days before May JO, met Pritchard, to whom he was owing L9J for shoeing—a debt that had been going on fur years. Pritchard applied for payment, whereupon Roddam said he was unable to pay then, as he had been receiving no moneys from bis teams : the men in his employ— Aitken and Carmichael—had not rendered any accounts to him; and he believed that Carmichael had misappropriated some of the moneys which he had received : at all events he (Roddam) had received no money, and asked Pritchard not to press him. Pritchard replied that he would not; still he wanted his money. Roddam then announced to Pritchard his idea of selling out, and added : 1 “Oh, Pritchard, you are a speculating man. Will you buy my horses and teams ?” Pritchard replied, “You say you caunofc make any money by them ; how then can I expect to do so. But what price do you want V” Roddam said LSOO ; and Pritchard said he would not give that, but. offered L4OO. That offer was made on May 30, after Pritchard, Roddam, and Scott had been to the circus. After leaving the circus the three adjourned to the Rainbow Hotel, where further conversation took place about the horses, and finally Pritchard raised his offer to L 450. Before separating Pritchard gave Roddam to understand that the offer of L4oo was a final one, and that he would let it remain open till the next morning. The following morning Roddam and Scott called upon Pritchard, and then Roddam Died to get Pritchard to increase Ills offer by L2O, but the latter refused. Roddam then agreed to take the L4oo. It was arranged that they should go to a solicitor’s to have the matter formally concluded. Accordingly they went to the office of Messrs Sievwright and stout, and upon arrival thei'e saw Mr Stout, to whom Pritchard and Roddam explained the business. Pritchard, in Roddam’s presence, said he was not disposed to complete the purchase until he was assured there was no lien upon the property. Mr Stout then said a search of the register would be required. At that point of the conversation Mr Stout had to goto the Resident Magistrate’s Court, and the parties were handed over to Mr Sievwright. Here came an important part of the business, because, bo submitted, the jury’s judgment as to the state of Roddam’s mind should be founded principally, if not almost entirely, on what took place at the interviews < f the parties with Messrs Sievwright and Stout. The business was explained to Mr Sievwright, to whom Roddam gave particulars of his property. Mr Sievwright would produce a book in which he took down from Roddam’s lips particulars of his horses, teams, harness, Ac. They were oyer half an hour with Mr Sievwright, during which lime the latter put a series of questions to Roddam, who answered them intelligently, as Mr Sievwright would state. First of all, he must notice that his learned friend i on the opposite side had said there was not I the slightest breath of suspicion against I Messrs Sievwright and Stout. He asked ! them, then, as men of common sepse to I answer Avhcrher, those gentlemen being acquitted of any dealing of an improper cha--1 racier, it was possible that Roddam, if be had been in a st tte bordering upon insanity, or even in the state which was the effect of | recent delirium tremens, or even tipsy or slightly approaching intoxication, must not have been observed by either Mr Stout or Mr Sievwright. To the evidence of those gentlemen would be superadded that of their clerk, Mr Reid, who was the attesting witness to the deed. He would tell them how Pritchard and Roddam met by appointment in Mr Stout’s office the same afternoon ; how Roddam signed the bill of sale ; how L2OO in bank notes and a cheque for L 250 wore, handed to him by P itchard ; whereupon ho said to the latter, “ By the way, Pritchard, I owe you an amount," and bow Pritchard replied, “I don’t know what the amount is 1 now; we can settle it by-and-bye.” It I would be further shown that on it being I stated that one of the horses belonging to the ! purchased teams was in town, Mr Sievwright advised that symbolical poshes non should be gj ven i that the parties met by appointment, and the advice was acted upon. Reference was made to the argument of the other side that the non-registration of the bill of sale favored the idea that the transaction was a colorable one. Mr Smith said the stamping of the document showed the reverse was the case, for on a document being stamped the Stamping Officer recorded its contents, and the entry was as open to public inspection as the deeds registry. The jury would have before them the evidence of Messrs Stout, Sievwright, and Reid, that Roddam, although he was in the habit of taking too much duridg the two mouths he was in Dunedin, though ho had delirium tremens during that time, yet for a considerable time before May 31 he was fully able to transact business. With regard to price, be would be able to show that Liot) was a very fair one. Rut after all that was not the question, which was whether or not Roddam was able to make the sale. The following evidence AVfls given : Dr Sorley described the symptoms of delirium tremens Mr Smith described the whole of Roddam’s acts on the 30th and 31st May, as narrated above, and asked the witness whether he would say such conduct indicated mental aberration, Winess : Assuming there had been delirium tremens, he should infer that Roddam was then quite sober, and in a sound state of mind. If a man had been drinking heavily for three months past, during which time he had several attacks of delirium tremens, which was kept by almost incessant di inking, he would expect to find that man somewhat idiotic. Any person would be able to see that there was something wrong with him. By Mr Macassey ; He would not be surprised to hear of a man, in such circumstances, looking strange and wild. A man unable to satisfy his creditors, &c., would, when in delirium tremens, have great fears with perhaps a suicidal termination. Dr Richardson gave similar evidence. He thought it was possible for a man who had been drinking heavily, and had delirium tremens, to recover from that attack without medical assistance, thaugh drinking all the time. Alex. Imrie and John Seott bore out Mr .Smith’s statement as to Roddam having in April offered to sell his property to them for LS(K). imrie said he A\ T as with Roddams the Avhole time he was in Melbourne; ho >vas sober all the time. [Left sitting, j