Court of Enquiry.

Manawatu Herald, 20 February 1896, Page 2

Court of Enquiry.

» (Before R. L. Stanford, E-q. f 8.M.) Saturday, 16th Febbuaby. Samuel Marsden Baker v. John 'Gillespie. Crt)B3-examiuau»u S. M. Biker, continued tonpp iitunity wasgiv«n to piy b fore seizure waa made. D d uot rein uabr-r saying on the Sunday not to execute warrants as bad money coming to him. Was short of money in Jay. Wouud not contradict any thing Mrs Craium nl would say. Wueu he was on his way to Welling* ion called in at K^reru and Giy did noc bell him tbttt the horse wa rteiz d. tie said Westwo id and tv ii.ii iif had been there at the stable^. Beard in Wellington, by letter from G «y, that L (chnagar was seiz <1. 0 i receipt of letter telegraphed btiiff as to ivbat horse was seized and for what amount. Received wirtthat horse would have to be advei • ided. Wired n<>t to do so but boln for a f-w days. Knew delay would co-it money. The delay wa3 only 2 -T 3 dayd to eh. bjit of hia recollection. Giiln-pie hrire produced a letter dated 27h lu!y, written by Baker, m the cfifdCb : "1 am arranging «»< f possible n.-xt Wf.k to fix up and -it-ud you one if not both lois you puk* about. I beard ym were a my p ace on Wednesday, that w s a I nghL and n xt lime you he. r <>i or see me I fu ly «-xp c . to have my plans matured and ibid confoundrd hoiher «iver." By Ghleripie : Believe " both lots " refined to the warrants. The letter addressed by Baker to the 3.M. in September was read and pat in Also nther letters and telegrams by Baker. Pus. aid, date 5/8/95. mentioned " I am looking up for the stuff you men ii-i). d oo Sunday when I saw ' you I dou'c kuow, of course, what 1 a n >uuts to, biii I expet t<> havu , iv aud cey you io a day or two."

A letter admitted to be in the writing of Mrs Crammond, without late. It say* :— Mr 6. did not some home tilt last Saturday night rery tired. I told him you wanted ;c see him but ho thought as he had aot succeeded in getting the money be went after it would be better not bo nee you. . . . Mr B. is lam nure grateful to you and is sure you have d >ne your best in bin interests. Telegram from Baker 7*h Aug. — " Hear you seized one of my horses* What is it for ?" Another same date — " What amount required. Don't advertise either. Go up to-morrow or forward money." Another 10b Aug. " Delay until next week when my arrangements be completed. Reply." Same date. — " Posting Charles B. Izard's cheque for amount if (hat will satisfy you. Reply.*' Another of 12th or 18th Aug.— " Registered letter with amount yon r.. quire posted this day." Letter 12 h Aug. coTering the en* el )ss of threa £10 notea. By Gillespie : Received no tele* gram from tlzdorf r» seisure of horse. Had not the money then. Made no effort to give security to bailiff to delay warrants. Though he knew on 21st July these warrants were out did not know the amounts. The distance from here to D. D. McKenzie'a residence at Carnarvon, he did not know Used to check mileages of bailiff's. At this stage the constable put itt a table compiled from the Court Records of the mileage and fees charged for mileage in the Foxton Magistrate's Court -during the time S. M. Baker was clerk and the present clerk. Baker charged to near D. D. McKenzie's, Carnarvon, as 20 miles, and 18s fees, an overcharge of 5s ; Campbelltown, 25 miles, fee 289, overcharge of 18s; Oroua Bridge, 16 miles, fee 14s, overcharge 4s ; Carnarvon, 8 miles, fee 6s, overcharge 2*; Motuiti, 8- miles, Is; Paiaka, 17 miles, fee 169, pvercharge 7« ; Kercru, 20 miles, 18s, overcharge 8-» ; Poroutawbao, 11 mile-, f'-e 9s overcharge 2*; Horowhenua, 18 miles, fee 16V over* charge 4->; Shannon, 14 miles, fee 12ft, overcharge 2. Gille-pie etiarg d to same places a« follow-* :— Near D. D. McX nzie's as 15 mi es, 18 ; Campbelltown, 12 miles 10 ; O tux Bridge, 12 miles, 10^ ; Carnarvon, 7 miles, (h, overcharge, 1* ; M tui'i, 8 mi<es, 1« ; Paiaka, 10 miles, 8- ; Kereru, 12 mile", 10 ; P<rou!awhai, 9 railed, 7* ; Horowhenua, 14 miles, 12-* ; Shannon, 12 miles, 10d. '' As a reply to the table Mr Baker said he certified to the charges as a matter of form and he did not know, the distances well at that time. By Gillespte— Documents show that bailiff received money for Harrison and Walls and in letter to Premier said bailiff had taken £5 6* more than he should have. Only go by docum nts. No one told him bailiff had had any of this money. Think it probable that bailiff bad pom-thing out of these amounts. Withdraw the statement in letter that bailiff shared any of the money paid, to Harrison and Walls. No one had complained of Gilleapie's conduct aa a constable, his letter was worded on hearsay evidence. I think in this case Gilleapie had treated him unfairly as clerk And bailiff of the court. • : (Giilespie here put in document made out by S. M. Baker in 1891 ugainst Rjri in which 6a mileage was charged same as that charged by >h-* present bailiff and objected to by Bak r.) Had not been charged 8s for ferries'. Remember asking bailiff to put on fees on certain conf«*»ions amoiniiog to 18d. Still owe the am <unt. Thin was the case of the complainant. (To be Continued.)