An Unusual Case.

Hokitika Guardian, 21 November 1921, Page 1

An Unusual Case.

A JUDGE'S COMMENT,

WELLINGTON. Nov. 17

'•You have c!imrf-C'-tl this man with j I:, ,1,1. | have asked in \ siiti lor some uhits of I.lint Hand "'here nic Llsoyasked Ml .1 list in' lloskmp when a soincw hat iinusna! case. an artmii hroupht by tin' coinniiUce ul inanapeiiu'll Lof the Feather-ton and Tiviuhen caniji canteens against lhoiiias thiltiuii 1 .Mason, I'laimino L'RFM, chiolly in 10nard In losses at llio ranU'olis, allepedh duo to neplipent in 1 1au.ihilout nmnape,limit hv tho dol'ondanl. was <• ailed on apaiu at tho Kuinoino ton ft to.lay. "You have si in ply proved that so nninh s[o"k was on hand when ho took over, and that so niilrh was not ail-minted for when he went out. You mipht aiiell say that a diteilor was to he hold i ospoiisj hie if a hidaui e-sheot which :e adopted did not show the Mime mimunt of poods at the end as at the bepinuillo of t he year.' Ml 0. lieeie. who appeared for tin plaint ill's, replied that had the losses turn .small, the matter would not hav home its present appoaiance. Ipto a cm tail! date tho oanti-ons had been run at. a profit : everythin” had pone all I iplli. • You ask me to diaw the inference that horauso a loss was made, till 1 dofciidaiil took tile poods;" asked lie .Honour. Mr licciv stated that lie wished m wiihdiuw the silpprstiou that the defendant iiad siippm-s.d .ei tain transactions. as had been alleged in the st;ttonteil l of elaiin. Tile detendalit was re,-alio! and ipiestionod as to certain details. ( oun-i'l then addressed tin' (ourt. Mr A. Cray, K.C.. wiio appenri d foi ill,, ill• ii'iid;ilit, held that the plaintiffs had aitopeiher failed to suiista.ntiate limit elaiin. lie expressed surpiise that Mason had mu been asked loi some explanation 1 dole not ion had !,< oil h-umel ed apniusi him li.v a eoiiiplaiiit to the polii e -pi ior t" I no hmnehinp ol the civil action). His Honour i cum iked that llieio si'i ini'ii to he no alhnuative eiideiui- as to where L'iOllt) worth oi poods had pone, whole they had been scored, oi how t hi*v weir consumed. Tamo was 0.,i e vidence that the books had been 1 alsitied. or that stork sheets were missitux. His Honour ruMotl Hun Ik' licit think tMI sell eulll 1 u it h inline;. -in any ease, by r. a-on oi the e' e !■■ mad - l>y l 1 "' c oupon system at tlie canteens. If fraud was aliened, fraud must he proved. His Honour said he would po carefully til t he ovidc-nee to see if there was anylhinp lo huar out the plaintilfs’ contention, thouph for the moment he could recall no wiiili point, on the main eliarpe, at anv rate.