DISTRICT COURT.

Wairarapa Daily Times, Volume XI, Issue 3581, 7 August 1890, Page 2

DISTRICT COURT.

MASTERTON-WEDNESDAY, (Before Hisßonor District'Jiidgo Eobinson). ■' , A W Rbnau, v H, J, and 8 Perot. • Oil the Court resuming ; at two o'clock the examination of John Paaske was qontinued. . Witness.gave evidence. to -having delivered certain goods to the Percys. The price of pollard in 1885 would be Gs per cwt. v • In 1880 the price of flour wa9 ; 2ss ■ per.-sack and ,Mneal 108 6d, whilst in 1887 the, average for flour would be about 2k Did unt remember-the"price of wheat in 1888. Seed wheat a year or two ago was worth 4s 6d per bushel, The highest price given for it was 5s and the lowest 4a. ' lii iBB9 the price of flour was 22s or 28s .per sack. There was a difference of Gd per sack for booking, but lie did not tliipk there was much difference made in flour! Wheat had often .been. purchased for cash, but he could not say whether'itwas different oil bills: As far as he could remember Mr Benall paid a little more for his wheat when

he gave.bills, His work was general in the mill,but.he could not alter the prices for- the entries. .Remembered when the last lot of wheat from Percy's: wasi brought-'jiv- .Small; quantities of wheat had been brought in for gristing, but lie could' not say whether it was pui'ohased by 'Mr Benall'. It had not been gristed and was in the mill at the present time. Did not ktioft what .arrangements as

to price bad been made witli M Eenall as to the 21G4 bags of wheal The Perojs to'd him at the time 1 had to be stored. Could not recollec what the value; of wheat was in 188£ but in February 1890, it was 2s 9d o Bs. Broken wheat delivered in 189 1 was worth Is 9(1 ; ■■■ By Mr Beard: Mr Benall kept th books, but he had the booking tod when Mr Reriall was riot there, A 1 the books during the-time he was a the mill were produced. Did not knoi into wlurt books the account were entered from the da; books. Some times the Peroy signed, and sometimes they did ho sign for things they took away. Wa at the mill during the whole tun the mill acooiint whs running Generally charged the goods to H ' Percy, but without instructions. Th i price of seed whealin 1886 was 4s Gc None of the 2164 bushels of wliea had been-used. i./ By Mr Pownall ; When ho lei [ the mill the 21G4 bushels were sti I. standing in the store, \Vhen th books wore at the house signature . were taken on loose bits of paper, . c Alfred W. Renall, sworn, depose ) that he commenced dealing wit defendants in 1885. When he.fiw t started these dealings ,he took littl e notice of Mrs Percy, but subsequent! when he found that it was her wh held the property, lie found necessary to do the busjntss wit her, There; was a balance due t him at the end of 1885 of £7. Tli ,e accounts were made out in the name s of both parties,, and no separal g accounts had been delivered. Wlia if he got ■ any wheat from , tli e Percys lie credited them with ; e when it was sold, It was sirnpl stored with him from the beginning The 21G4 bushels had been stored i jj March, 1889, because they anticipate it a rise in the market. He had use y very little of this wheat and tlie firt d account for it liad been sent in ii February, 1890. Mrs Percy carrie ■ oiriuemisiness; ounuß ereainorin id wheat received was made in hot is names. In 1887 be told the defendant they ivero behind in credit, but di not render them an account becaus is lie was afraid he would notreceive th wheat. The defendants owed thei !• position in life to him, and if the; had come to him as they should the; would never have been in Court. Al' the entries made were in the usua course of business. The prices chargec were fair and reasonable. For the saoks returned he charged tho same price as be paid. _ At this stage the Court adjourned y till next day. I THURSDAY.

_ Mr Benall, continuing, said the interest was made up yearly. The interest fixed at the commencement of the dealings was 10 per cent. Did not keep a pledger account at the onset. The present ledger account was m the name of Henry and Sarah Percy. It was a custom of millers to give bills for wheat received, as grain was usually kept some time before being ground.' Had never supplied goods to Percy alone. The bills and accounts were here gone through seriatim. The current account was to be met by the delivery of wheat. The oash and mill accounts were joint, By, Mr Beard: Had no other books

relating to the matter than those, produced. Had never had a ledger account referring to the money. The cash account was taken from the books produced. Two or throe pecounts had been given defendants in writing. Made a statement of the acoountsfrom his memory, butshowed no balance, Showed no credits on the statement. A lull account was submitted in October, 1889. Knew of the name of one man being mentioned as arbitrator in the matter. Was not so cautious about bis dealings with defendant in 1885. Would not swear'that up till June, 1887, the entries bad not been made in the name of Henry Porcy, • (Left Sitting.)