SUPREME COURT.

Evening Star, Issue 3020, 24 October 1872, Page 2

SUPREME COURT.

NISI PKIUS SITTINGS,

This Pay.

(Before Mr Justice Chapman.) KUTTER V. PRITCHARD. At the close of the plaintiff’s case yesterday, Mr Smith moved for a nonsuit, on the ground that there was no evidence to go to the jury that Koddam was not sane at the time he made the sale ; but after argument his Honor decided to allow the case to proceed, and agreed to give a direction to the jury on the point in charging them. The case for the defendant was continued, the following evidence being given Henry Driver said on the 30th May last a good team of horses would have been worth from L 250 to L3OO. He would not be surprised to hear that some of the horses sold singly fetched L 47. John Miller, carrier, knew Koddam’s teams, many of the horses of which were old. He thought the teams complete would bo worth about LSOO. Charles Kaiaford, carrier, said ho saw Koddam some days before his death ; he then appeared to be all right. His teams were second-class ones. L4SU would bo their market value. He had himself offered to sell a team of eight horses for L 250, but could not get it. William < iwen, carrier, saw Koddam the week before he left Dunedin. Ho was then sober and sensible. He knew Koddam’s teams. Some of the horses he would not purchase at any price; others wore worth L4O. Arthur Smith, livery stable-keeper, had seen eleven of the horses purchased by Pritchard, and valued thorn at L2GG. Charles Gibbin saw Koddam three weeks before he left here ; ho was then sober. John Stephenson (of Wright, Stephenson, and Co.) said on September 7, he sold a team of eight horses, old ones, for L 177 ; and the waggon and harness fur L 42, Another team of live horses and waggon sold for LlO2. The horses were good ones. Another team of seven horses and waggon, considered the best team on the road, sold for L 220. Those horses were young ones.—By Mr Macassey : Teams oftentimes fetched more by auction than by private sale. Horses fetched more when sold singly than in teams. A dealer sometimes came across a “ flat j” and then he might dispose of his horses at a profit ranging from KJO to 200 per cent. If he did not, he would come to witness, who would put on a little more “ steam,” and knock the horses at a higher price if possible. (Laughter). Perhaps they would not go. It was a fact that many horses were picked up at sales and resold at an immense profit. Samuel Moody, carrier, said he drove a team for Koddam for eleven months. By Mr Macassey : Witness recollected Koddam accompanying him on one occasion with his team as far as the Junction Hotel; but he could not remember whether it was on the occasion of his last trip or not. Witness did nob see him return to town by the coach, nor did ho hear the coachman refuse to take him up in the coach, because he was afraid of his falling off the seat, as ho was drunk. When witness left Koddam, he was “half tight.” He was often in that state. Weighing the number of times he had seen Koddam drunk against those when he was sober, he should say he was more frequently sober than drunk. He was quite certain of that. On one occasion witness slept in his room. Koddam often asked him to do so, but he only slept with him once. That was after he came from Melbourne Witness did not think he asked him before he went there. So tar as he knew Koddam slept soundly on that occasion. He never in his life told M ‘Gavin that “be would rather walk in the streets than again sleep in Roddam’s room,” The reason why he slept in Eoddam’s room was that Koddam had so often asked him to do so, and he thought he would satisfy him for once, Wincss only once settled with Koddam, and that was before be went to Melbourne, He had not withheld from settling because ho always foe.ad Goddam unfit to do business : Koddam was loth to settle, and would always say, “ Uh, Jet it stand over ; we can settle next time.” Caleb Moore had seen cloven of the horses purchased by Pritchard from Koddam, and valued tthera at L2GS. James Marshall gave unimportant evidence. Richard Atkinson, storeman at Driver, Stewart, and Co ’s, said Koddam was at their store on the 3rd or 4th June. He was then sober. Witness asked him how it was that he had not come to them to sell sheepskips, as he had been in tbe habit of doing. Koddam replied that he was not going to have anything more to do yyith sheepskins, as he had sold out; and he mentioned that he had sold his teams to Pritchard. Witness remarked that he expected he had sold pretty well. R'xltlam replied. “i’letty well.” Witness said he understood he (Koddam) had three or four teams, and lie expected he had got LlUuO. Koddam said he had only two teams, and that he had got between LAOO and LudO for them. Witness then remarked that he had got some good horses ; and Koddapi replied,' “ Four cr five of them are only fit for boiling down.’' By Mp Macassey : Had known Koddam for six years,"ami 'bp was always “a little on,” except during thp time ho had a broken leg, when he was very steady. By Mr Smith : He did not mean to say that Koddam was unable to take care of himself; he was quite able to do that. Witness would have thought it fair and honest to have had transactions for the purchase of sheepskins with Koddam when “ a little on,” Robert Stout, solicitor, recollected seeing Pritchard in Bond street on May 31; and, in

consequence of a conversation he had with him, returned to his office a little after II a.m., when Pritchard, Roddam, and John "ffiott came in. Witness then detailed the business Pritchard and Roddam had with him; how Pritchard explained that they had come to conclude a purchase of horse teams; how Roddam gave his name, stated there was no.biil of sale or martgage over his property ; and how, after further conversation, he handed over the parties to VirSievwright, his partner, he having to go to the R.M. Court. Witness did not observe anything about Roddam to lead him to believe he was not in his right mind. He was perfectly certain lie was sober. Looking at Roddam’s face he would not have said he was a teetotaller, but he did not present the appearance of being under the influence of drink. By Mr Macassey: The opinion he had expressed to-diy concerning Roddam was founded solely on the three minutes’ conversation he had with him. Basil Sievwrighfc, solicitor, detailed what took place between Pritchard, Roddam, and himself ; how that he received instructions from Pritchard to prepare a bill of sale for the purchase of teams ; that Pritchard and Roddam both informed him that the amount of the purchase money was L 430 ; that Roddam told him how to spell his name, described his occupation, gave the name and color of each horse belonging to each team, giving the teams separately ; that he requested the parties to return at 5 30 p.m., wnen tho deed would be ready ; that they did so; that when the subject of delivery was mentioned, that Pritchard told him one' of the horses was at his (Pritchard’s) place, and either Roddam or Pritchard said its name was Charley ; that witness asked Pritchard if the money was ready, whereupon the latter pulled out a bundle of deeds, and took a blank cheque, which he filled up ; that Pritchard handed the money to Mr Reid, witness’s clerk, who counted it, and said it was all right; that witness then requested Roddam to sign the deed ; that he instructed Mr Reid to take Roddam and Pritchard to the latter’s place, to enable Pritchard to get delivery of the horse there as for the whole, whereupon he was to hand Roddam the money; that before they left the office Roddam said “We have an account to settle, Pritchard whereupon Pritchard said that it oould be settled at another time, as he did not know the exact amount. The first interview lasted for twenty minutes or half an hour. Roddam, during both interviews, seemed to speak and act like a rational man. Witness observed no treratiling of the bands ; nod ho appeard to bo sober. Witness took hj m for a sober, intelligent man. Witness caused the bill of aalo to be registered on his own responsibility. He considered that he was acting fur both Roddam and Prithard. The impression on his mind at the time was, that fcSoott was present as a friend of Roddam’s.— By Mr Macassey : He did not know much about Kodda n’s sanity, but he was sober, he w'as sure of that. He appeared to be sane ; and he considered him so at the time. The other witnesses examined were—R. Gawn, Thomas Hudson, D. H. Miller, J. Harris, D. Ballantyne, W, Isles, John Hughes, J. H. Reid, H. M’Donald.