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Gisborne Times, Volume XIX, Issue 1556, 12 September 1905, Page 4

DRINK NELSON MOATECES TEAS

Witness: Tho documents are thoro to epoak for thorasolves. His Honor: But those documents spook with one voioo and you speak with another. That is tho unfortunate part of it. If you oan, you had bettor givo mo an explanation, and say if you oan why the doouments do not record what you say now was the nrrangomont come to with Mrs Dunlop. You take from thb woman a document which made the wbolo of her estate, whatever it was and whorevcr it was, to pay for your costs. This is your dooument, supported by her mortgnge. Now you tell us that was not the arrangement at' all, but was only a temporary arrangement. Why did you pay stamp duty ? People did not usually pay that if they had not to it. Witness said it was necessary to get it on the register. His Honor said there would be no necessity to pay extra duty. On tho faoo of it the dooument showed a liability for £2050. Could the witness now say what tho documents did represent, and why they did not help whet he said ? Witness: Thoy may bB olamsily expressed. His Honor: They are clumsy enough, in all conscience; but the clumsiness is against your olient, not against yourself. Tho orosß-examination continued, His Honor severely oateohising witness upon the dooumonts and the diary entries. Mr Roes read a letter of 2nd September, in whioh reference was made to tho case against Mr Harding—a proposal to suggest a ohange of venue so as to frighten him, and mentioned other details Bucb as the louano being iris lUs overdue. A. request had been made to Rev. Williams to stay proceedings. Did that letter, asked Mr Rees, speak of an absolute salo of property ? The writer asked that accounts be gone into to see about getting enough to pay off the mortgage. In reply to His Honor witness said no ropiy was sent to the letter. His Honor: Why not ? Witness: I did not think he would do what he said. His Honor: The question is whether he had a right to do so. Mr Bees : Why did you not answer that

tho property was yours ? Witness: I did not think tho statement he was going to get money was serious. Why did you not Soli him he had na right? At that timo I would have been very glad if he had done so. He complains of you registering this ; why did you not write and tell him he had no nothing to do with the mortgage ? His Honor: Or, why not write and say, “ I do not understand you wanting to pay, but will be only too glad if you pay and let me get oui c! the property ” ? Witness I would have been very pleased if ho had. He had mot Mr Dunlop shortly afterwards in Napier and told him ho would be very glad to get rid of tho property again, and on another occasion Dunlop had told him it was impossible for him to do anything. Another letter (Marob, 1899) quoted by Mr Rees had reference to window blinds whioh Mrs Hollywood found too expensive te take over, but His Honor said these would not bo fixtures as between landlord and tenant, but would probably be between landlord and purchaser, Mr Roes was then questioning witness as to a letter to Devore’s, but His Honor said that there was no question that cither Mr and Mrs Dunlop's Btory was untrue or Mr Lysnar’s was. Continuing, witness said be had not made up any acoount against Mr Dunlop ; what he had supplied wqb the material for making the account. He had never been asked for it.

His Honor: Nobody but yourself or those with authority from you oould make it up. Mr Bees asked for an explanation why the account had not been made up after such a long period, although he had this £250 in money ? ■ Witness said it would take considerable time to make up the bill, and he knew Dunlop oould not pay it. His Honor: But the £250 came out o' i Mr Dunlop’s pocket; it didn’t matter wh .0 you put it down to. At this stage a little breeze took p? .ace between counsel as to a letter in rr .ply, which Mr Boes asked for, replying t 0 th e demand for a bill. [ Dr Findlay said there was nr, SU ch lotter. Mr Bees : You are able to ms' to statement. Dr Findlay : You aro able to make a statement, but not to prove it. His Honor: I know of no ob ligation on I a man to call for a solicitor’s ’bill of costs unless able to pay it. Continuing, witness deniod having, at Mrs Drummond's house, s.sked Mr and Mrs Dunlop to go to his hor.se. Mr Bees asked leave to call Mrs Drummond, but his Honor sp.id she could not be oalled at that stage of the case. Dr Findlay said he did not propose to address His Honor twioe on the foots, which did not need fresh analysis, and he would deal simply with the law. tl’here was no inherent objection to a solioitor dealing with a client, but on cerconditions ; he must not use undue influences, and the price mnst bo reasonable. He cited oases to show that as long as a solicitor noted conscientiously, without using undue influence or taking advantage of superior knowledge of the law or facts, and by giving due consideration he oould deal with his client. In this caso Dunlop stood in an entirely different position to 1 Mrs Dunlop. His Honor: Must not a solicitor, if ho desires to turn a conditional into an ab eoluto Bale, show it in writing ? Dr Findlay : It seems not.

Dr Findlay was proceeding to quote cases, but His Honor intimated bis opinion wns that no solicitor in bis sonces would advice Mrs Dunlop to sign what she bad signed, therefore defendant had got it by a breach of duty in not having another solioi-> tor called in ; how could he hold it? In regard to the offer of a settlement,. His Honor said he always assisted in thati way, but if people thought fit to wash: their dirty linen in public they could do< so. Mr Bees said be would not go into the facts again, but his learned friend would! refer to the law on the snbjeot. Dr Bamford submitted that if the position was ao put forward by the plnintiffe, there was no law to answer. He did Dot think there was any need to press tha point as to relations between solicitor and client, but he would cite a few cases on the point, the oases being to the effect that the burden of proof as to no unfair advantage being taken as between solicitor and client wsr upon the solicitor. His Honor sai l ne would take time to go through the documents.

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