SUPREME COURT.

Evening Star, Issue 3094, 18 January 1873, Page 2

SUPREME COURT.

CIVIL SITTINGS. This Day. (Before His Honor Mr Justice Chapman and a Special Jury.) Pritchard v. Packman. —This case was resumed, and the following evidence laken : Joseph Packman, defendant, said he was not identified with this action more than by accident. (He then detailed a portion of the evidence surrounding the claiming of the h'-rseshy Win. Aitken on the road to Naseby.) He had nothing to do with the matter until after the receipt of the telegram from James Little, of Palmerston, f l he purport of the telegram was to send man and horse, with telegram, to meet Aitken. He had not a man or horse, and therefore he sent it by coach. He believed there were two telegrams, one giving him instructions ; the other was for Aitken. From this he had no concern with the matter until the horses were actually placed in liis stable. He was sitting in his sitting-room, when a knock was heard at the door. He opened it, and Bill Aitken said, “Can you stabl my horses."’ '1 lie horses were at the back at the time He looked into the front stable and it was full ; he then looked at the back and said, “1 can put three in. Aitken replied, “ I will go somewhere else. Three horses were then put into the stable by Aitken. He did not accompany Aitken after that. He was at Haswell’s with aitken and had a drink, but did not assist him with the horses. In the letter produced and written by Bailey at his instance it was stated that as no one had claimed the horses up to the sth August, be would be forced to sell them for exp uses. Ihe letter was address* d to plaintiff. Several people, however, had in a way claimed them. Priuhard had claimed them, Thos Haynes, on the 12th, and Mr Stout, on the 17th of June, claimed them on Pritchard’s behalf. Two other persons claimed them. The day after they were stabled Aitken came to him and said, * Don t give up that roan horse ; I have bought it and paid for it.” He asked what he should do with the other horsts, and Aitken replied, “ eep them, and yon will he paid for their livery.” The Curator of latest .te Estates never Claimed from him the horses, either personally or by letter. He did not lemcmber receiving any communication from any pers n assuming to be the Curator of Intestate Estates, directing him to retain possession on his behalf. When served with the writ, on June the 17th, he said did not know whether he would give up the horses to Pritchard. He gave posses ion of the ro«n hoise tw Aitken after service of the writ. After service «f writ, he said to Haynes that he would not give up the horses to any one but Aitken. The notice to retain possession of the horses produced was served by Haynes on behalf of Pritchard. On the 13th June, four days before service of the writ, he received a telegram from one Hunter, in town, to the effect that witness would be safe in giving possession of the horses to plaintiff s agent; that Hunter had seen the bill of sale, and was satisfied with it. Charles Gibbons said, about two years ago, Aitken asked him to bring the roan horse back to town, as it was not well, and deliver it to Roddam at the White Horse stables. He did so. He saw Koddam about a fortnight or three weeks before he committed suicide. Koddam appeared sober, reasonable, and lo- ked well. Wilam R. Bailey, mining agent at Nasehy, said the letter produced was written to Pritchard by him at the instance of Packman. It wa* as follows :- “ Aug. sth. The horses left with me by aitken in June last ; are still in my possess!* n, and as no one has yet claimed them 1 shall be c 1 mpelled to advertise, and sell them by auction to cover the expense of their keep, unless they are claimed and paid for by some authorised person immediately. Henry Carmichael, driver, said he was in the employ of Koddam ft two years and five mouths, and had a claim against him foi L 228. He gave Roddam his account in June, a* d received the excuse “ Let it stand till Aitken comes down.” He frequently saw Roddam between the date of his return from Melbourne and his final departure, and always found him under the influence of liquor, and not capable of behaving himself. Cross-examined : He received only L2l I2s6d during the two years and tie months, and was engaged at the rate of L2 per week Roddam was not in his right senses for fhe few weeks previous to his going away. When Roddam died he had not been working for him for a twelvemonth. He thought the horses were worth from L3O to 35 per head. Moody afterwards drove his team. The Court then adjourned until Monday at 10 o’clock in the morning.