A CARPENTER’S CLAIM.

Gisborne Times, Volume XXVII, Issue 2407, 23 January 1909, Page 5

A CARPENTER’S CLAIM.

DEFENDANT'S EVIDENCE.

JUDGAIEMT P. HSERYED

The ease in w'*ich Dennis O'AJearr (Air H. J. Finn) is proceeding agains, Herbert AVobb (Air J. -R. Kirk) to recover £29 was again taken at the Al a gistmte’s Court yesterday mornint before Air AY. A. Barton, S.AI.

Air Kirk having completed hi: opening 'address, proceeded to call tin defendant — Herbert AYebb, painter, who des cribed at length his acquaintance and financial transactions with plaintiff He had occasion several times t< speak to plaintiff about his conduce and on one occasion said to him : *Tf is the likes of you that gets an inno cent man into gaol." On the Sun day -morning witness met plaintiff and plaintiff made an offer to'pay in to rest- to him on any money he would advance to enable them to go tr Auckland. The arrangement between them was that witness was to pa;the expenses of the two of them to Auckland, and that plaintiff would refund them ou arrival and in addition pay witness J.Us per day for seeing him through to Auckland. On the boat and on the train witness advanced .various sums of money, am! plaintiff vtis drinking ou the boat. Plaintiff got more money from him in Napier and brought two bottles of beer into the railway carriage. Ho gave plaintiff several sums of money on the train as he refused to proceed " any further without it. Plaintiff took a. note in a notebook of each sepprate amount. Ou arrival in Auckland witness took plaintiff and paid his week’s lodging at a coffee-palace, and gave him an addi t'ional sum of 12s. Next moruing be saw plain tiff and they went to the Post- Office to dmw ' some money. Plaintiff tasked him for an account of the expenses and produced a- list of bis own. amounting to over £l2 while witness’ list of expenses only amounted to Cl.I odd. After drawjug money out of the Post Office plaintiff handed witness £6 and promised him the balance next day. Next day, however, on being again nsked for a settlement, plaintiff refused and later in the day witness saw him. and asked him if he was going to pay or if not, he (defendant) would take the tools back to Gisborne. Plaintiff said tint lie did not want the tools, and that when he did, he would wire the balance of the money to witness at Gisborne. AYlicn .plaintiff returned from Auckland witness saw him in the presenco of Scrgt. Hutton, jdaintiff said that he (witness) had aio right to keep the tools. He made the trip to Auckland solely for the benefit of plaintiff. To Air Finn: He was a punter, but occasionally did a little riding of

racehorses and rode a horse in a race recently in -Muriwai. He had been out of' work for seven weeks before ho went to Auckland with plamtifiFirst took possession of plaintiff s tools in Auckland from the goods shed,'but in Gisborne lie had told a cur ter to put the tools on board the Tuate-a. Plaintiff' gave him seeurity over the tools for. expenses, bfit lie did not- -take any possession of them. Witness was -aware that plaintiff was to receive a. large sum of money in Auckland and altliougli no knew plaintiff wps a. prohibited person, he had -i drink at the bar in company with him, but- not at lus expense. He advanced £6 to plaintiff on the journey between Gisborne and Afickland. He never borrowed £2O from übiintiff, lint drew £l9 18s on an .order from plaintiff on the 'Savings Bank, .lie held the tools as security still, but did not know whut they contained. ‘He could only say it was a mistake that .lie had not charged plaintiff with his return fare from Auckland. This concluded the evidence for Hie defence and after both counsel 3m u addressed the Court, His Worship reserved judgment.