DISTRICT COURT.

Wairarapa Daily Times, Volume XI, Issue 3470, 27 March 1890, Page 2

DISTRICT COURT.

(Before Hißpolr latk Jule ■- -\ 'ißob|oi|j\ : !M : , ; Thomas OarswelXjunr., sworn*,* deposed that lie was" plaintiff in this case, and was son of the previous witness. Some time last year he had ranvetsation 4 :with" Eib'rdiW: with' reference to the subject of this action. This was about May. First saw Riordau at Oastlepoint,,on : the Kahuj mingi ruii, Defendant' asked him if he,.tbought ,Mr YaUance would ,8611 tbtf poiß&iied Bjans!tujs that : he*'did'"not" khbwf Shortly aftorwards t defendant loft .Cashpoint ali.d asked; mm-10/go'and see Mr Vallauoe and ask"'hini 'if he'would selljthe skins.: 'Told Riordan that he had better go himself, as he would hive 'more influence.;' < Rior'dfth said " If'l'get''these skins' will you'go halves' with me." Replied that he would, t .Had, beon halves with ,de ; fen'dant before in connection with rabbiting on'^helsame 1 station. This was. about two years previous., Dei fendant saw. Vallanoe and paid for the skins, fle saw him and showed him', the, receipt, and Jhon, said, '"Hm'd'nbw we go halves.^ 1 Was working, for ( Vallauce t af .the time, (jnd defendant asked'! Mm/to leave and take away his dogs, so that it would l 'be'better fob'-the poisoning. Defcria i aiit ! asked biiii 'tosee Herbert Johnson about assisting thorn', and they agreed .togive'/Johrisoii' 8s 1 a hundred." Defendant ; employed the latter.; ■•■ Started work;,about; throe weeks .afteiv Could, -not remember other conversations wkioh took place. There were : supposed to 1 \>b two'gahga, but only one started on 'May Ist. Had nothing.tp do with the employ-, ment of Johnson;;; Riordan .told liirn iii May that they would pay' Johnson 'Bs a hundred.'. They found that they :could not get' on;by themselves,' and sot they employed other iricn. : Hehad nothing' todo'with the management. :, Riordaii; had^tho,jWhole iiiariagemenLin his 'own hands, and was to get a fair -percentage lor that. When they Gnislicd they had pioked up' 32,000' skins',s', or-ten ,and a' half bales'. ' Riordaii took possession, of the ibales, and he had ; not since Been the skins or the proceeds. An arrangement was made, when they first started that Riordan should send the ( skins homo inhißOwu name. WhiJiilliey finished, he had an appointment to see Riordaii; but'l/e could not fulfil, it,,, Saw him, however, on-the following night,; ijWhen they came, to settle up,, defendant offered kim wages,' but he would not accept it, and-was told if lie did not like ik'lie'could go without, Told him he was a nice sort of man, and he (defendant) then looked into the flro, He had been offered wages, but he would not take theui/i haying doalings with defondant about rabbits in- November, 1888.:, They agreed to go sharesJii scndiug'Honie i bale of skins, about J £BB, without- exponses,-' and ,the balance was about £24. Paid Riordan £1(1, less Si allowed him' for a gun,. ' '' ' : -

By Mr Jellicoe: Cannot.', swear to inyiage, am about 17 or 18.. Made up bale ofskins with; Eiordan, in order to sell, 1 and sending Home : the skins,, was; to divide proceeds with defendanT.' ' Of the gross proceeds M K he received 1 on- account' /£& Was to deduct £5 to purchase a gun when tho proceeds oarne' to hand. Told Eiordan that he could not pay him the money owing as he had spent it in buying himself a breechloader and his mother a saddle. Eiordan had told him that ho did not : want the money. .Used his own horse when in partnership' with Riordau Three of them had horses, and, they each paid a third for the chaff consumed. Had.conversation' : with ; Eiordan about the partnership at.tbe Junction. Hotel. Defendant told his father-' that they had agreed to go into partnership.. When' lie first saw Eiordan at Castlepoint he- was in tho employ of Mr .Yallance,. This was about three days before lie spoke td:Biordan, Had been previously working at_ shares with; defendant on Kahuiningi: Was employed by Vallance at Gs per week, when he was ih sliavos with Eioi'dah. Knew oue named Petersen, who was a roadman.' 'Never told Petersen what pay he was getling"for''picknig'up skins. Knew Fred Edwards, -and remembered being assisted by him to pick up siting 'Never: told hinr; What, pay he'-was getting; Did-not rem'einber being told;by Eiordan he (witness)' would' get' tho sack if lie did not do better.','., Would [ swear he never said bu .tbearrival of a registered letter for Eiordau " Well, that , looks better, I'll got my wages now." Tom Davis used those words, not him, Told DawSjhe wayhj'parper-; ship with Eiordan somelime before jpb was finished; he kept;iio;acc6unts, Might have told Eiordau how mauy , skins he had picked up some 15, or; 20 times during three months. Johnston's account was not rendered at the same time as his own.' 'Would swear Johnston's account .was made out three days<before heWas io meet Eiqrilan hiMasterfoh to square- up accounts aud.pay the men. His father had, advised him not to accept the wages' offorcd' by' Eiordan, but to see a lawyer. The account produced was not the account tondered to him.'' Could-swear l the piece of paper was, tar bigger than the piece now produced. ''MrEiefdan had sent him a letter with cheque enclosed, Sent it, to Mr jPownall! Left it'to lib to do as; he liked, (Mr Jellicoe here read another letter from Mr.'Pownall to Eiordan, iri which Restated that the arrangenien t was not satisfactory). , t He (Witness)' had authorised; Mr Pownall to'write the letter.: Had picked up 50 skins on lernridge, and would 'swear,.that he had not taken 80 skins from a nail to make up that number, even if three persons swore it,' Johnson was, receiving eight 'shillings, a hundred; Ail o'clock the Court adjburried for'tunch.: Ou .resuming, Carswell still under examination by Mr Jellicoe '. continued':—l lent my dogs ofr'and ; on, Eiordan was to pay £lO. He '. had never paid that, but; had' given : him £lO on account ofskins,' :. ;: -

' Mr Pownallcross-6kainiiiing; Had, partnership with Biordati prior to this but not sinee't.»': Theyiircgrej going to continue .partners. Had employed Randal for a month, had gone out to Fernridge so that .Randal: iraigbt be got rid of. ■ Sure he had fifty'!skms, 80 of which be bad cleaned. Understoodhe was to'get some monp'y ijhoiv the appointment to meet Kiordan in Masterton., Did not accept ..either, account .or V'nibn.ey, Supposed..he was ■ entitled, jp ,tbe money olaimed, but his father might take it; as ho was not of age, At first they were paid separately,;: but -'after-'' 'Johnson.to.have 8s per lOO'fbi*" bis third, he (Carswell) aud Biordan to share profits on rouiajhder'i' Tlfere wasabputdp| bale'K'fbe afrange'nieht to f«fd tb'e'liwes waYa" eejiarata W>

; M Carawell (father of tbe last;; witness) was then called, andi liKler examination by Mr Jel-j; jlicoe said :—His son' had .not;: pn in a' position of that'kindji l&ore. His sou had told hiin thatjj he was to get something for use of;; dogs. Beckett had dogs; before!: Biordan, and only paid £Bper annum; , for them. Biordan on hearing this, " tliem."""'"'Niever boforo heard it: _.-./, mentioned spn-'Uad fteaivodj! ,• y f jeiOfrom'ianr^adhk'dHe^',' by the week. Boy had told him bo. kSefi him mth the .mail about the 29feAugilst. About the 24th,advised;, 'lie son pot to take payment at a weekly rate. Some time after had sent •bim to Mr Pownall, as soon, in fact, as he had; earned enough to take the case into Court. Sent son to see Mr, Jownall, also wrote letter, but gave • iioparticulars, as far »b he recollected,;;' Would swear he never showed a letter |o Biordan, It was not about ';■ arrears ofrent. He (witness) was hot,, going to show his private letters. Mi Jollicoe.had better go and find out. Hifsbii 'had mado all arrangements with hiß consent. Would swear be never made any arrangement with Mr i Pownall>as regards costs. Admitted ' signature; to a dooument binding bim to pay costs of Court. Mr Jellicoe said he''hoped he would be able to pay.":;;-; , InansjvertoMrPownall, witness repeated i bis statement that no . ; arrangement had been made between himself and counsel. He had asked , ~ Mr PownalWajJ io case .wouldiCosL,«, .J would cost from £2O to 425. Meant , :by his son not "being in suoh a , position before" that ho was too young to look after accounts and-employ . '• laboiir; 1 .

:. H. G.' Vennell, station manager, . examined by Mr Popall, stated lie was. on .Valltuicef fat |1 s}*sk TV .question.: Knejr |K)prda$ t fiuj? h'aflj jJ, no conversation with him?

By Mi! Jellicoe; Had been spoken , but. not about the case. ! , J , : ,;T, Winteriugham, he.OTB atjockoj living 4 at Heard about the presenffdiaputo, and had spoken with Riordan on the subject of the skins, who stated that he a,ud ; Cai'Bwell had paid Vallance L2O for the) privilege of.piokiog, up iV skins.' Siordan told 'hiin'"his arid""' Carswell. were in partners, and asked him not to tell Johnson, as the latter would he dissatisfied.

By Mr Johnson's at tho time, and thought " EiOrdan; knew this, Could swear. ....} that Riordan told him he had paid L2O to'Vallauce. Bepeated his converßation(^ithf : f {■■ Bon, but'could not say when or where thiHook place. Told Johnson that Biordan and Carswell were partners. rl Joseph Johnston, rabbiter, depos«d that,hejhttd been "picking-up",at<i!d! : i Kahuiningi, Had arranged with Eiordan to pickup at 8s per hundred, V{ but. after oue days' work this was altered, and it was arrangedftjjathe Eiordan, and Carswell 'couibiuo' in their efforts, andth.o receive 8s per hundred on one third' of tho skins. Had-n^o mterestin theprpfits. Heard pf.the'ana'ngement' between Riordan arid' Carswell from Davios and .Winteringham. ;i.>i .. By Mr JeUicoe: Was an acquaint' ance of Carawell's, Was not related; > ' to Carswell, but was a customer.' Was engaged by Biordan, bufcpild . not sayi what wages ho had oarned, The I 'conversation with Wintoringham took ; 'place before he'commenced work. ■" Carswellneyertoldhim what. pay bg was getting.' v

To the Court: Winteriiighara told liim r alJoiit, tho arrangement in the,, ( ,,■~ I vicinity: of Carswell's, Eiordan paid"' him'ih' notes, 'HitiH Charles Vallance, settler,' or' Kahuiningi, deposed that he had sold, thei'rigli of picking tip skin's to Riordan and bad a.conversation at the time. 'Biordan said 'Carswell aHd he were to go in 1 partners, and were to work :two packs of dogs, t VTo'Mr Jellicoe; Eiordan stated he' and Carswell were to go iu partners. Had told his brother and Vonnell of the conversation. Receipt throne given 'by liiiii/ p t i to Biordan, '"' ""••" -'• ■'- lH -

By Mr Pownall: Eiordau volunteered the statement, Did not ask him;?

To the Court: Had no turthor conversation with Biqrdan with ; respect to tho arrangement. ~ } ..J.J T. Croker, manager of the , New' Zealand Loan and Mercantile Agency Co., at Masterton, gave f\ ; evidence as to the number of bales * ; of skin's exported J''SQveraLjdvances had, been made to Kiordan to the total'fa'mount of £l7O. On roalisa' ( tion £258 additional was paid. | By. Mr Jellicoe: Moneys wore \ plidtoMr|RiordaQyip,;of? -n-uy.p' This was 'tiie'caso for'the' plaintiff/ Mr. Jellicoo submitted that there > was no evidence to suggest to the Court the amount claimed, All tho evidence given was to show the amounts received. To bring the oase'withliithoAct itwaTinounibent for tho plaintiff to show the amount claimed. The only thing tho Court could' do was to make an order to realise upon the assets. Tho plaintiffs had to establish tho liabilities, and tkoro ,'was nqthing to proTO.tkat tho liabilities did not 1 exceed the amount'' 1 "' olaimed. He would move the Court for a nonsuit, on the grounds that no evidence had been given to prove • the s claim. He would be glad, however, to see the case go to the jury, '. ; Mr Powuall asked that His Honor %■ decide at once whether he would - nonsuit or otherwise, as it would be unfair to allow Counsel for defendant to come back after tho decision of the jury had ibeen. heard.|>He/!Sub-. * 4 , mittedthat.tkilamvhSo«i'issjedV|if andifthere were liabilities it "was theoiius of the defendant to prove the same before the case went to tho . »' .'■A deal ofKfarthorg.,coritroyer||' between coun'seili'eWonsWd^aW^'.' • ; Yfhioh Mr Jellicoo addressed tho jury at considerable longth, and stated that this was one'of the most preposterous claims that had ever been made.

■ E. Petersen, roadman,' deposed that bo Knew Kiordan and the . Carswells. Had always been on friendly terms with the latter, and had known them for several years. Remembered Kiordan starting ,work - onYallanco'srun. Had a conversation .with Kiordan on the subject. Also spoke to Carswell, who admitted that he was receiving 8s a hundred % for picking up the skins.;" Never beard that there was a partnership, between Kiordan and Garawell, Sold Bklns to Kiordan, who gave him a reoeipt. ~:•■.% Mr Powhall: Had known Kiordan and Carswell to be working together,. but had not beard they weft, in partners, Saw Mr Jollicoe last night. Had told Kiordan what • (towell bad said, ;■;;; - \'■',.■•''■ fffey Mr Jelliooe: Give bis evidence without fear or, fayor, His boy m\\

not being ST ! 'I/: F. Edwards, ( that . in May last ; lii i 'Wi ! en)i)loyfid'ttt Vallanoo's., .Had assisted to ..stretch rabbit skins,' aud on tfandays had assisted to. pick, uj),-Garawell had twice told him.tWat be whfl getting 8s a hundred'-' for/ picktog • up th'o skins. Had heye'ihep it suggestod that thertjlwas it/pai;ttarship existing between iilordaii quUCarswell.; Kflmemboied fliowdan saying he would sack Carswollij'ho did not look after likjvorL '"I"': ftf Jlr. Poyraall: Was employed by Mr RioruWi after ho hadJnished his ordinaiN'orlf.' '"''"'' Tlie Court, at 5.30 p.m. adjourned ( till this mom irig,'wheh'.a iiumbor of witnesses •,:fan y tho,.. defence were examined. Iho case is still proceed-; ' ing <is we go I o press.