DISTRICT COURT, GISBORNE.

Poverty Bay Standard, Volume X, Issue 1256, 23 January 1883, Page 2

DISTRICT COURT, GISBORNE.

This Day. [Befon His Honor Judge Sbth Smith.] His Honor took his seat on the Bench at 10.30 a.m. Civil Casks. The case of E, K. Brown v. MoQuarries was then called on. Claim £OOO, on promissory note. Mr Nolen appeared for the plaintiff, Mr Rees for the defendant. The case was ordered to stand at the bottom of the list, in order to see whether an amicable arrangement oould be come to be* tween the parties. MULLOOLY V. JURY. Claim £165 2s 6d. Mr Kenny for plaintiff, with him Mr Finn. Mr Rees for defendant. Mr Kenny opened the case for the plaintiff, and called Michael Mullooly, who deposed that he was a storekeeper at Tologa in 1879. The defendant was acting for the Native Land Purchase Commissioner at Tologa. He had received a number of orders from Jury, on which he had advanced money and goods to Natives. He had asked Jury for the money, and had been put off. He had applied to Mr Gill for the money, and had been refused. Cross-examined by Mr Rees: I supplied the goods to Jury on his orders. I looked to him to pay me. He was to collect from the Government and pay me. Defendant said, “ Will you supply the goods to the Natives ; I’ll get the money from the Government, and I will pay you. I did not ask him to come to my store for goods. He told mo he was getting a commission from Mr Adair, and I told htm I would give him 10 per cent, on the geods he bought from r. se. The money was to be paid out of that wl lich was coming for the Natives. I told hir. s, to save any trouble, he had better give orders. I told defendant he was to find the money. I did not tell him he was to pay m< I out of his own money. I told him to preven it any mistakes he had better send orders for any goods required for the Natives. It is a very common thing to give a commission for the sale of goods. I gave him £4O for c< immission. Mr Gill told me that Jury (def endant) was a fraud. I did not petition th* I House of Representatives in this matter. Captain Porter paid me £lB on the orders of defendant. The Government would not pay the grog score. I cannot say why th e Government refused to pay the remainder c <f the account. Defendant got £ll7 from the Government which he paid me. It was not paid to me in the presence of any person. I never got Is from the Natives. The monie I I got from the Natives had nothing to do with this account. Captain Porter recom mended the payment by the Government. By Mr Kenny : I did not know the extant of defendant’s authority from t ihe Government. I never charged the N 'atives with the goods, nor entered the go ods aganist them.

John Brooking, called: I am a lieensed interpreter, in Gisborne, and in G loverument employ, and have been here for a. number of years. I was so oa November It it, 1880. I was present at Tokomaro when a conversation took place between defendai it, Captain Porter, and myself. Defendant i laid he was not acting for the Government, nor in Government employ at the time, an* 1 that Captain Porter knew nothing about it. Defeodant said he was not authorised by the Government to get the goods. Cross-examined by Mr Rees: Defendant said he had received a commission from plaintiff. G. L. Greenwood, called: I um Clerk of the District Court. I produce the declare-

tian of inaolveaay in the cue of J. A, Jury, and the other papers in connection therewith, including a deed of arrangement entered into between J. A, Jury, and his creditors, dated 3rd June, 1880. ' William Ratcliffe, called: 1 am an Accountant in Bankruptcy, residing in Gisborne, I was one of the trustees app inted under the deed of arrangement in bankruptcy produced. His Honor, after some argument by Counsel, said he would take a note of Mr Rees | objections as to the deed produced not being a discharge in bankruptcy, in consequence of the covenants not being carried out. Witness continued—No covenants under the deed of arrrngement have been carried out. All that was paid was swamped in expenses. On the Court resuming at two o’clock Mr Raes addressed the Court on behalf of the defendant, and called Alfred John Drury, who iftated that he knew of certain lands belonging to the Natives which was to be sold to Government. Defendant asked mo as to the block of land to be passed through the Court. Defendant said he would give the Natives credit not Exceeding £5 each for any goods they required. This was only with reference to those people who were negotiating with te Government. He offered me 10 per cent, on any new orders which I brought to him. They were to get an order from me to show that the goods were ordered. After I got the money from the Government "> It was understood between the Natives and myself that he was to get the money from the Government. I never understood from (if. fondant that I would have to pay, and I never got any benefit from the natives with referonce to this account. I went through the items of account produced with Mulleoly and signed it. I never undertook to Mullooly that I would be responsible for the debt. I never paid £ll7 to Mullooly on account of this debt. I got £36 17s 6d from defendant in may last. Defendant avid that if be had known that the goods were for the natives he never should nave sold them. By Mr Kenny : I received over £3OOO to distribute amongst the natives. 1 have accounted for the £SOO. I never received one sixpence from Cartel. Between 3d June, 1880, to 3rd June, 1881, lam not sure whether I got any money from the trustees. I handed over all the that le’.onged to me. By Mr Rees: I stated at the interview with Captain Porter and Brooking, defendant and myself, that the orders were to come from me. Mr Rees then addressed the Court on behalf of defendant. Mr Kenny replied. His Honor reserved judgment until tomorrow. MULLOOLY V. PUKE TE AXAU. Mr Kenny appeared with Mr Finn for the plaintiff, and Mr W. L. Rees for the defendant. (This oaae was proceeding when we went to press.]