SUPREME COURT.

Tuapeka Times, Volume V, Issue 248, 31 October 1872, Page 6

SUPREME COURT.

NISI PRIUS SITTINGS. .

(Before Mr Justice Chapman.) October 21. NUTTER V. PRITCHARD.

The trial of this case took a singular torn on Saturday. After the midday adjourn* ment. Mr Macasaey stated that information had been conveyed to him that a pers >n named Crafts had paid Lo to a witness in the case named Sanders, landlord of the Cornwall Arms Hotel, George street, to give evidence in a manner favorable to the defendant. Sanders, on being put into the witness box, substantiated the statement. He stated that Crafts went into his bar on Friday night, and threw five LI notes on the counter, saying, '-It will not do you any good to go and swear that Roddam was drinking about your place, and that he was mad ;" that Pritchard had authorised him to go to his place and spend Lo, and that the affair was to be one of honor between them. Sanders was severely cross-examined, but his evidence was not shaken. He went on to say that he told the affair to Mr M 'Gavin, of the White Horse Hotel, "on tfie square," and asked him what he should doj and that; he subsequently acted on his first intention, and went to Mr Macassey for advice. Crafts was sent for, and on being put into the witness-box, denied point blank that he had any conversation at Sanders' or with him about the case, or that he ever gave him the five LI notes a3 alleged. His Honor said that on the face of Crafta' flat contradiction, he could not treat the matter as one of contempt, though had there been the slightest ground he would hare committed Crafts. Ab the L 5 was repudiated by both Crafts and Sanders, his Honor directed that it should be handed over to the Benevolent Institute. To-day, the defendant, Mr J. E. Mills, Mr G. Dowse, Mr Nasmith (of the Bank of New South Wales), &c, were examined. October 22. The case for the plaintiff is still unfinished. To-day some eight or nine witnesses were examined, the principal evidence going t» the question of Roddam's alleged insanity. C. H. Sanders, landlord of the Cornwall Armi Hotel, George St., stated that tbe day before Roddam sailed for Melbourne, and for some weeks previously, Roddam was suffering from delirium tremene. Peter Sherwin, coachbuilder, said Eoddam was always in a itate of beer ; and scarcely ever renumbered one moment what he had laid the minute before. For a month previous to his departure he was suffering from delirium trtmtns.—Wllliam Greenwood detailed a conversation he had with Eoddam on the morning of the fire at the < lub Hotel, on the 27th May last Eoddam, who was then drunk, said he .had been in a watchmaker's shop in George street, and there had a nobbier, when the firebell rang— the hour was 4 p.m., and tb«tt his own bed had been on fire before that time ; aid he had to go out then. On May 30 he saw him four times ; also when he went to Court's hotel with Pritchard. Witness wished it to b« understood that not only after May 27, but on that day he considered Roddam mad. Chas. Duff, George M 'Gavin, landlord of the White Horse Hotel, and Alex. Carmichael, also testified to Roddam's state in May and Jnne last. M 'Gavin instanced Roddam's having on one occasion complained of carpenters being at work in the hotel, while in fact none had ever been there ; and Carmichael of his repeatedly "dancing aboufc like a madman." M 'Gavin valued the two teams purchased by Pritchard from Roddam at L 75 0; and the three horses, the ownership of which was disputed, at LI 15. Carmichael denied the statement made that whem he entered Roddam's service he was wholly Avithout roconß i ho said that he always ha* a balance at his banker's amounting to about L3OO. He' produced a deposit receipt, dated 1863, for L 350, and another, dated 1869, for L 365. October 23. Mr Smith, in opening the defendant's case, sketched the evidence that would be given. The case was brought by the Curator of Intestate Estates, with a view to setting aside a bill of sale, by which the defendant (Pritchard) purchased from the deceased Roddam two teams and waggons. Pritchard was charged with having taken advantage of the weak state of mind in which Roddam was said to have been laboring at the time of signing the bill of. sale, in consequence of his drinking habits, to obtain his property from him at an undervalue. The defence was set out in the pleas to the declaration, and it was to this effect : that at the time of making the sale, Roddam was in a sound state of mind, and that the price given by Pritchard was a fair one. These two things he intended to prove to the satisfaction of the jury ; and having heard the evidence, he thought they would be convinced — whatever might have been Roddam's motive for going out of the country— however much his friend John Scott assisted, or Pritchard connived at, Roddam's going out of the country to evade payment of claims, whether unjust or really dve — whatever view they might take of that part of the business, he submitted that after hearing the evidence he intended to call, they could come to no other conclusion than this : that Roddam at the time of signing the bill of sale was as much in his right senses, or as capable of transacting this piece o! business, as anyone could be. The facts tktt would be laid before the jury would be shortly these :— Roddam, for a number of years, carried on business as an up-country carrier, and m the early part of the year visited Victoria, partly for the purpose of getting treatment for an affection of the eye. He returned to Dunedin in April, and for fellow-pacsengers had John Scott, of the Royal George Stables, and John Imrie, a well-known horse-dealer. During the passage, Eoddam stated to botb. his intention of closing up his affairs here and returning to I Victoria — Swanhill, on the Murray, was the | place mentioned by him. He mentioned his intention of selling his team and waggons, and also mentioned the price he wanted for them, viz., L5OO. This was some time berore he came into contact with Pritchard. Eoddam made an offer of the horses and waggons to Tmrie, who refused to buy them. It would be shown that a great number of these horses, as had been already stated, were old— so old, indeed, that Aaderson, one of the plaintiff's witnesses, said he would not have had them at any price. It weuld also be proved that before Pritchard was in treaty* with Roddam for'the purchase of the horses, Roddam offered the whole concern to one Henry M 'Donald for L5OO, who also declined to buy. Those parties having refused to purchase, and having failed to obtain his own price. Roddam, a few days before May 30, met Pritchard, to whom he was owing LOO for shoeing— a debt that had been going on for years. Pritebard applied for payment, whereupon Roddam said he was UHable to pay then, as he had been receiving no moneys f r«m his teams : the men in his employ — Aitken and Carmichael — had not rendered any accounts to him ; and he believed that Carmichael had misappropriated some of the moneys which he had received : at all events he (Roddam) had received no money, and asked Pritchard not te press him/ Pritchard replied that he would not ; still he wanted his money. "Roddam then announced fe> "Pritchard his idea of selliDg out, and added \ "Oh, Pritohard, you. wo a ipecoMog man.