HUNTER ESTATE CASE

Hawke's Bay Herald-Tribune, Issue 147, 9 July 1937, Page 14

HUNTER ESTATE CASE

- Presf> Assooiation »

Circular of Printed Statements of Claim EVIDENCE 0F TRUSTEE

(By Telesraoh-

WELLINGTON. This Day. The suggestion that defendants had cireulated in Hawke's Bay printed slatemeiits of claim, witli the object of damaging Lady Hunter in the public mimi, was made by counsel for Lady Hunter, when the case in wMck she is seeking the removal of Cyril Paul Hunter, AMtio, and Thomas Perey Hunter, Porangahau, from the trusteoship of the late Sir Gcorge Hunter 's estate, eutered on its sixtecnth day of hoaring in the Supreme Gourt, Wellington, yosierday. Mr Justice Smith is presiding, Mr J. D. Willis and Mr R. E. Seott are appearing for plaintiff, and Mr C. H. Weston, K.C., and Mr J. H. Dunn for defendants. Gontinuing his evidence, Cyril Paul Hunter, one of the defendants, said that, when Lady Hunter left the Dixon Street property in 1932, the trustees took steps to let it. It was advertised, but the highest offer, £5 10/-, was not acceptable. In April, 1933, however, the property was let for a three-year ternt at £10 a week. Later the tenant rouml that she could not make tho place pay, and, after going into the figures, witness in November, 1934, agrced to reduce the rent to £7 a week. In October, 1936, the tenant asked for ronewal of the lease for a four-year term at £7 a week. The trustees would not agree to the four-year term, because the fourth year would bo the centenary year and they considered that, if the house were stUl in their possession, it luight, be worth considerably more. The house was finally let for a threeyear term, at £7 a week for the first year, and £8 a week for the next two years. The rent had always been paid reguiarly. The arrangeinent between Sir George and Bethune and Hunter, which had been konwn to witness for 25 years, was that the firm should be paid £250 a year and have an ofiice rent free. The fiim made a charge of 8d a bule on ihe shipping of the wool, and rcbuted the commission due to it on the sale of the wool- or anything else that it sild cn behalf of Sir George. Sir George aisc got the benefit of wholesale prices. The arrangement had been carried on after Sir George 's death, witness liuving satislied himself that it was to the advantage of the estate. * Agents for Estate

Bethune and Hunter acted as general agents for the estate in Wellington, iranaged the Dixon Street property and the old Customhouse Street property, nhipped wool, collected all rents and interest, acted as bankers, made out land and income tax returns and hept the estate accounts. Witness looked to Bethune and Hunter to do anyth/ng that was asked of them outside of actual legal work. In connection wlth the litigation, Bethune and Hunter had done a great deal of extra work in searching old records, for which. they made no charge. It would bo quite impossjble to get all tho work il'at Bethune and Hunter did for the estate done by any ordinary firm of 'Tuck and station agents, said witness. He was quite satisfied with the terms of the arrangement, so far as the estate was concerned. A^ bank guarantee to fche Dannevirke Racing Club had been given by Sir George, who had been president of the club for many years. On Sir George 's death the bank intimated that it would close the account. One race meeting was cbnducted after Sir George 'a death, and the position became serious for the other guarantors, practically alj of whom were at that time in a serious iinancial position. Tho guaranteos were rcorganised, witness taking Sir George '& place, thus relieving the cs tate from liability. Crosu-examiiiation Witness was cross-examlned by Mr Willis, who asked j Under any circumstances of conditions whatever, are you prepared to relinquish the trusteeship. Witness: No. ^'hy do you adopt that attitude?— I feel that I've givon my undertaking to my unele.,,

Will you tell his Honour when that undertalcing was given? It was after he had had his first illness, wasn't it? — "Ye s." He had never discussed it with you rrior to that, had he?— "No." You liave read the 1924 will?— " y es. ' ' Is it the will of a man whose sole eoi sideration was his widow and cltild i- "Not his sole consideration. ' ' Tt is obvious that it was his paramount consideration? — "I would say •so, but thero were other people in the wili." In the eircumstanees existing to-day do you really think that Sir George would desire you to adhere to this alleged unde rtaking ' ' Yes. ' ' Ivnovving that your interest in the estate was so great that you visited onJy two or Ihree tijtnes in seven years! uiid a half?— "AbsoluteJy so: J ara confident of it. I knpw the arrangemmits under whieh tho station is- run." Witness said that he had visited the ™atl£?.,,™0re tlian two or tbree times. Mr Will is replied that he was taking the evidence of the station manager on the poi n t. Mr Willis: IJavo you discussed with your co-trustee the possibilily or desir- ' ^i,'Jl°N"*'rf!'illC",iS'li"S lh° And you don 't know what his attitude is? — "No." Is there any reason why he should desire to carry on?— "I think he bas •he sanjp reasons as I have." As Sir George 's personal representa.'ave you done anything recentJv to tring Lady Hunter into disfavour ia the public mind or to hold her nt, to ndiculo?— "No. T don't think so, but I have to defend rayself." Mr Willis produced a document, which he said was a printed copy 0f a statement of " claim, bearlng the naroe of the plaintiff 's solieitor.

"Was this statement of elaim printed by the trustees?" he asked. Witness: Yes. "This is the statement of claim in tiiis action," reinarked his Honour. Mr Willis: Yes-; it will probably be necessary later to go into the question of whether there has been contempt of court. Mr Willis, to witness: How many of these statements of claim were printed? Witness: "Two hundred and fifty; it was no cheaper to get less." "People Wanted to Know" Will you tell his Honour why you had them printed? — "People wanted to know what the case was all about," What people? — "Our own friends. We would have to give them a copy of the claim before they would understand what it was all about." To whom were these printed copies sent? — "I can't say exactly, I might miss someone." His Honour: To what class of people? WitnCss; To a good class of people; they were not hawked round the countiy and sent to everyone. Counsel: In what way did yon send them; did you put them in an envelope and post them? — "I may have." Did you or did you not? — I can't remember. In reply to fuvther questions, witness said that he supposed he had posted soine circulars. Mr Willis: Did you send any coverdng letter? "I think that would probably be the natural thing to .do." Will you please answer yes or no? — "I don't remember." His Honour, to Mr Willis: What is your complainfc? Mr Willis: Tho trustees say that they acted honourably • and have not tried to bring Lady Hunter into disfavour dn the public mind, but these statementa of claim were priutcd and eirculated throughout Hawko's Bay to individuals who have no connection with the mattcr, and persons receiving j them, with no covcring letter but bearing the namo of the plaintiff 's solieitor, would naturally assume that they were sont by Lady Hunter. His Honour, to witness: Did you circulate thera throughout the Haw'ke's Bay district? ' Witness: I know that some were sent out. Who had charge of them?— " [ had some arid my brother had some." Mr Willis:' Did you send somo to persons who had no connection with this litigation? — "I sent some to people we wanted to get as witncsses and -who might be able to help. They had to • understand the claim." How would you be helped by slinply sending out printed statements of claim i without any eovering letter? — "I must liave anticipated seeing the persons later." Did you sec thom later? — "I think so."

' What Was Object? Did you send any of these circulars to solicitors between Dannevirke and Napier? — "I don't think so." In reply to f urther questions wltneso said that he had sent copies of tne circular to two solicitors in Dannevirke. Mr Willis: Were they going to give evidence? Witness: No, but they were great friends of mine, and I would certainly discuss things with them. What solicitors in Napier did you send them to? — "I don't remember any. ' ' How many of the 250 copies have you left? — " A stack of thom." To his Honour, Mr Willis said that the purpose of his cross-examination was to show that the trustees had acted in a manner calculated to bring Lady Hunter into public disfavour. It had been held, he said, that publication of a statement of claim before the hearing of a case was contempt of court. His Honour remarked that it was for bim to decide whether the trustees had acted with the purpose of damaging Lady Hunter, and if, as witness stated, he had a stack of the circulars left, thia would not seem to be the case; if they had been obtained with the idea of damaging Lady Hunter they would probably all have "been sent out. "I am not going to have a fishing expedition on a collateral matter in the midst of this case," said his Honour, when counsel proeeeded to put further questions on the subject of the circulars.

' 'Is it a f act that when the will litigation was over Lady Hunter wrote you a conciliatory letter, asking, in effect, that the pasb should he i'orgottenf" counsel asked. Witness : Yes. In reply to. further questions, witness said that, if there had been mismanagement, he and his co-trustee would, broadly speaking, take the responsibility. Thought Not Prudent to Borrow When the trustees took over in 1930 it was obvious that the station needed improvement, but he did not eonsider that it would have been prudent to have borrowed money to make these lmprovements. lie-examined by Mr J)nnn, witness said that he had been eontinually in touch with the Porangahau station, and knew what was going on there, altliough he liad not -risited jt frecjuently. lle rang his brotlier' about twiee a week, and was prepared to trust his knowledge and judgraent.. In reply to his Honour, witness said that he did not know of any farmers who had borrowed money to make improvements on their properties during the depression. Keith O'Leary said that he had been an employee for the Jast five years oi tlie shearing contractor at Porangahau iStatipn. Haviug no work after the shearing in 1935, he obtained Mr Hunter's permission to g0 over the dag wool. In 14 days' work he got wool for which he received £4. To Mr Willis he said that he had had no, previous experience in this work. He was a taxi-drivcr by occupation. He knew nothing about the dags on the station sinco 1935. James Grant Sutherland. shepherd employed on Porangahau Station for 37 years, said he was 72 years of age. He did the ordinary shepherd's work on tho station every day without trouble. He rode round the sheep and sometimes wais all day in the, saddle.

When he saw a dead sheep on the station he skinned or plucked it. A boy, employed on the station, who had neglected to attend to the dead sheep had been discharged. Witness remembered bemg invited to the house on one occasion to attend a meeting called by Lady Hunter. "She said that the trustees were robbers and had robbed their mother and sister," said witness. "She said that she would live jn the cottage if she Was not allowed in the house." The meeting lasted about an hour or an hour and a half. Witness said that the last bulls to come to the station in Sir George' s time were a lot which arrjved about when the Armistice was signed after the Great War. He drove 'the last lot of 50 rams on to the station 28 years ago. After that inbreeding took place. George Houstdn, rabbiter, said that he had been employed on Porangahau Station for 33 years. He did eight months' rabbiting a year, 15 weeks on Porangahau Station and the rest on the other Hunter properties. The other four months of the year he spent on Porangahau Station doing general work. Ha caugbt 200 rabbits a year. Frederick Alderson Noble Campbell said that he was a wool-classer and had . classed wool going through the Porangahau Station shed for the last three years. The shearing was done in an exceptionally good manner, and no wool which could be economically saved was wasted with the dags. Chatles Fofesfc, .head shepherd at Porangahau Station-, said that there had been sheep worrying on the station in January.. He found, two sheep dead and two s.o badly. damaged .that they had to be destroyed. , He and another shepherd kept watch at night with a gun, biit the dog did not ' return. It was almost impossible that the worrying liad been done by a little spaniel bitch on the station. Worrying had ixot taken place on any other oeeasions. Tlie number of dogs pn tlie station, witness ; considered,* ,was not excessive. >