Court of Enquiry.

Manawatu Herald, 18 February 1896, Page 2

Court of Enquiry.

(Before R. L. Stanford, Esq., 8*11.) Saturday, 15th February. Samuel MarsdeK Baker v. John Gillkspie. Thia cape requires a little intrn* duction to the right understanding • hereof. S. M. Baker had his entire horse " Lochnagar " seized by John Oillespie, constable, bailiff and clerk of the Court, by the ordinary process of law in the month of August, and ihe horse was released, after having been held in possession some eight days apparently at the r< -quest of Baker. On the 24th September Baker wrote to the Stipendiary Magistrate complaining that the hor.«e had been seized and removed without his knowledge and without fust, making a demand upon him. i Etc obj'Cted to excepflive mileages charged by bailiff. The reply of the H.M. wa3 not read but was unsatisfactory to Baker as on the 14 h January he addrgsaed a long letter ■f 8 or 9 pages of foolscap to the Premier upon his grievances. j.n the letter to the Premier, the reason for the enquiry, which Was •i-<ked for by Countable Gillespie, Mr Baker made these charges* imongst others : — " I complain about that official unking advantage of my absence on professional business in Wellington to serve and execute certain documents which might well have been held over, until my return home, instead of upon my premises and upon my servants, as a means of extorting money to line his own pockets at my coat, and to the injury of my reputation ajd of my business. R f err ing to the Magistrate's letter of 7ih October he states that on Sunday 21st July he was informed on inquiry, that two warrants of distress had been issued against me, which was borne out by my owu letter on the subject. Now this statement is wholly untrue, I never nude any enquiry whatever, no demand was ever made upon me by the bailiff, I never saw the warrants un il I made search of the records a few days ago, and no opportunity was afforded me of paying the amounts required until after a seizure was made and unnecesary expense* were piled on. The statement that I kept out of (he way of the bailiff is as false as some of the other statements made, indeed it was the other way about, for the bailiff well knew that I wa9 r'ngagfd on nome important business for Barber Bros, which took me to che different Native settlements, and to Wellington, obtaining signatures in a lease, which r< quired to be & mpleted within a given date ; and he embraced the opportunity so that he would make up a long mileage ! voucher, and other expenses with which to line his packets at my cost. I know from a number of years pxperience as Clerk «>f Courts in this district that bailiff* do pile on all the extra mileage* they can, thereby robbing the pockets of the nnfotu nate litigants, and that a great number of Her Mnj-sty's liege subjects might be pounds in pocket at the end of a year, if a revision of the mileage distances wa* now made, for I find that in the Magistrate's ourt dirttrirts there are more miles han appear on survey maps or en roads and railway lines. As I stated b f ire I *as in WeJ. lington when mv stud groom sent me word that one of my stallion* wis peized and taken away by Gillecpie. Plaint 91 .... You will observe that on this summons an endorsement was made by the plain iff withdrawing the same and I may add that thiß plaintiff expressed much regret that the bailiff had acted as be had donp, and that it wan not with his concurrence. I might say whilst I consider Gillcspie i<> a good constable he is very exacting and very partial to his friend-* when discharging the duties of cleik and bai'iff of the Court and in hi* aciotis regard ioer the licencing bu.-inefis rnnny complaints are made in thjtf district." I

The Stipendiary Magistrate said he held the Court under the directions of soction 2F -if " The Magistrate's Court Act 1893." It was a complaint of S. M. Baker again'ifc the bailiff of this Court, fie called , upon Mr Baker to open his case. Mr Baker said he was not familiar with the new Ace. This procedure took him by surprise. He bad complained 10 Stipendiary Magistrate of the bailiff, and he deemed the reply unsatisfactory, so he sent the letter the subject ot the enquiry to the Premier* He argued that he had been unfairly treated and unfairly charged. (The B.M. read Baker's letter to the Premier). lam prepared to withdraw the latter part of the letter referring to his performance of police duty and the assertion that he has shown partiality in his duties ag Clerk and bailiff. (Constable Gillespie desired the S.M. to make a note that he objected to the with" drawaland demanded that all charges be proved.) At the instance of Baker all witnesses in the case were ordered out of court. ' Walter Aladorf deposed—The distance from Courthouse to Rori's place is 4} miles and 4 chains. From Courthouse to stables at Paiaka by scaling is about 8 miles by public road (by Gardner's.) Cross examined by Gillespie : From Rori's house to the back of the section is over 6 miles. From Courthouse to Carnarvon Btation is 5£ miles. The road across Bwamp is not the public road to Eereru. There is no public ferry at Gardner's. By the public road the distance is > 10£ miles. Should dispute the railway measurement at 12 miles. Baker's house is 2 miles from railway station. Re-examined by Baker : Had Lever any difficulty in crossing at Gardner's. The distance by;Wirokino to Baker's house is 12 miles. By Gillespie : Kori claims 400 acres fenced in and 260 acres unfenced in Himatangi block. S. M. Baker deposed (taking the letter to the Premier as a guide— As to advantage taken of absence from district— Was away on business for Barber Bros, from sth August to 22nd August during which time seizure was made. On the 21st July was informed that warrant! of distress were out, but he did sot make an enquiry. No demand wai ever made for payment prior to seizure, and never saw the warrants until search was made in December. The charge that the bailiff went several times to serve documents on him being untrue, he would amend by stating be was never informed by his servant of any visits of the constable except one. It bas been proved the distance to Paiaka is 8 miles, and the bail ffs duty is to go go by i he shortest public road, and that is acroßS the Moutoa Estate; We»=t wood's summons was served in the Foxton Courthouse, so no ser« vice was incurred. If any mileage was chargeable it should have been to Carnarvon not Kereru. Wollerman'* summons was served at Foxton Courthouse. He raised same contention as he did to Westwood's. No demand was made prior to execution of distress warrants. After had wired- bailiff as to seizure and amount, a period of some days elapsed. Complain bailiff went to Eereru to seize stock instead of taking other stock which were closer to band at Carnarvon. The horsa-waa not groom ad and needed no" grooming. Think the £8 7s charged, for grooming is unreasonable The horse should have been left with his groom. Other horses were paddocked at the time within 10 chains of his house at Carnarvon, which is only 2 or 8 chains from the road and might have been taken instead. Harrison offered his loose box at two shillings a week. Supposing horse was fed, ten shillings was quite sufficient to charge for it. (22s was sum charged for 6 days.) Cross-examined by Gillespie : Was annmber of. years Clerk of Court and know district well. Wife and family live at Foxton. The address to his letters was Eereru, not Paiaka. He thought he shifted his residence from Eereru to Paranui at end of June or beginning July. Consider Westwood's and Wollerman's warrants of distress should have been held over till his return because no demand had been made on him for the money. The substituted service should have been held over as he was only temporarily away. Letter pro* duced is his. Confessed under date ofßd July that the claim, with all mileages wan due and payable, Kaw nffidavit on Westwoods summons that, it was served at Foxton. Address on Wes i wood's account was E^rero, and also on ihe bill of particulars. Did not in making confeHsion complain of address or charges. On a Pdimerston plaint address was made as Eereru, and the affidavit showed service at Foxton. In the distress warrant (Wollerman's) the address ip altered from Eereru to Himatangi. Ten shillings and five shilling* is claimed for mileage Id Baker k Cooke'B plaint the address ie» alao Eereru. Oo plaint 805 the address is also Eereru. The confession attached accepts all mileage as correct. A memo as to mileage on plaint No. — was a notification that he had changed his address to Palmerston official!?. Applied for copies of docu imeotß between sth and 22nd of

August and failed to obtain them. Have not the copies of letters and telegrams ordered to produce. Do fcot. remember what . he came to Polide Station on 21st July for. Never asked if there Were any war rants against him. Constable said tfl££ were two warrants. It was always the practice to demand payment before issuing distress warrants. (The BM. said no demand wa9 V ne c sary to be made after diptresi Warrant Was issued. It would be extretoely improper for the bailiff, in the interests of the etecution creditor, even to make a demand.) (To be Continued.)