S.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4850, 13 October 1894, Page 2

S.M. COURT.

MASTERTON.—FRIDAY.

(Before Mr T. Hutchison, S.M.)

IJ! unci el v. C. Clifford ami J. Tucker. An attachment order against Mr Tucker for nil monoys belonging to Mr Clifford, Mr Beard appeared for the plaintiff find Mr Pownall for tlie defence.

J. Tucker, called, stated that on August Inst, Clifford came to witness and asked him to take care of a L-10 cheque, which lie lmd received from DrHosking. Witness entered the money to his own nccountinthe bank, Shortly after this, in responso to Clifford's wishes ho gave him out of the money tlio sum of L2O, Tho remainder of tlio money was used to pay for Clifford's indebtedness to him for board at his hotel. When witness received the attachment order Clifford was then in debt to him above the L4O placed in his hands. Previous to receiving the cheque for L4O Clifford gave him LlO to keep, out of which he asked for small sums, which with his board for ono week, amounted to Ll2; leaving a debt of L2 owing to witness. In answer to Bench, witness stated that he kept a tally on tho .slate, of drinks supplied,cash lent, and board received, and at tho end of eaoliweek theso amounts iu tho sum total were outoral in tho ledgor. In answer to Counsel, witness stated that, ho paid Clifford all sums iu cash, leaving him to spend it in the bar or whorever he liked, Was not aware of CI itforcVs being stupidly intoxicated about this time, Considered his way of keepingaccounfs, whether a man was intoxicated .'or not, wero quito correct and satisfactory, Clifford was still fltaying at his hotel, as he had a prospect of receiving the money for his board, and was not going to turn tho man out as soon as his money was gone, like some hotelkcepers did, Clifford had been boarding six weeks at witness' houso at the time tho attachment, order was niade.out. £4415s was owing by Clifford at this time, At this stago the Court adjourned until 2 p.m. On the Court resumingat2 o'clock, His Worship said lie would reserve his decision until Saturday, MrT. Hutchison gave his reserved decision this (Saturday) morning, which was to tho effect that liberty would bo given to the plaintiff to make an order to sue the sub-debtor to tho extent of £l3. .01!DE)t OF AmCIIMKKT. W. Bouc v. H, Cole and It. Kuraitianu. —Mr Pownall for theplaintiff, and Mr Beard for the sub-debtor H, Cole, who wished the order against him to be rescinded, and a re-hear-ing granted, H. Cole, sworn, stated the reason he did not appear in answer to a summons to show why he shouldnot pay over the sum of L4l6s (id in his hands belonging to B. Karaitiaiia, was owing to Mr Williams telling him to take no notico of the matter whatever,

In answer to Counsel, witness stated time he owed nothing to Karaitiana, neither before nor after the receiving of the order. In connection with three other men ho went to Porangaliau to buy some horses, employing Karaitiana as Maori Interpreter. The 1/60 used to buy the seven horses was raised by himself, Mr Williams told him that Karaitiana was in debt to him, and said lie had 110 money belonging to Karaitiana and witnesssaid that lie had only got to show that this was so and ho need not bother about it. W. R. Bone said that about a fortnight ago Colo said that if Karaitiana signed. an order he (Colo) would pay the money for him out of Karaitiaua's profits in the transaction, Witness informed Mr Williams that Karaitiana had nothing coming to him, wheroupon he was told to take no notice of the action takon by Mi Bone, After selling the horses there was nothing left above the purchase money, By Mr Beard ; I'rom statements previously made by Cole witness was led to believe that Colo had money of Karnitiana's in hand.

Carew Thomas Ellers, called, stated that he was one of the party of four who wont in for the horse speculation. He mado out tlio agreement between the parties. Cole, llusscll and Karaitiana went to Hawke's Bay for tlio horses, After the party returned and the horses had been disposed of, they camo to him lo settle their accounts. After so doing there was found to bo a profit only of 8s 3d coming to each, above paying all bills. Cole found all the purchase money, and received the money for the sale pf the horses in payment, with the exception of the profit. Believed Karaitiana wi)s owing Cole monpy previous to the present traipctipn, and for tjiat reason Karjatiana had npt recpived his profit, 11. Cole gave evidpnoo that Karaitii|na was owing him money apart from the sale of the horses. Did not tell Williams that Karajtipa had ten pounds coming to hint. Told Williams if he got an order, and thpro was any money coming. to Karaitiana he would keep it back. Dick Karaitiana said that in company witli Cole, Ellers, and Russell, lie went to Hawke's Bay to buy horses, Cole did not owe witness any money at the present time, [ By Mr Pownall: Only knew how the transaction' stood by the statement made up by fillers. Had got small sums from time to time. Tlio last of the horses was sold about a month ago. For the defence Mr Pownall called It. G. Williams, who said ho was collecting debts for Mr Bone, Cole had said that he thought there was about ten ponnds coming to Karaitiana. Understood Colo to say that there was £39 in hand from the salo of the horses.

By Mr Beard: Could not say what amount bad been mentioned when the order was spoken of. ■•»""** ; t His Worships said' iliat Mr Williaifis sjibujd fiot have kept buck the statement ho now 'jji ndo in which lie said Cole had fold liini that he'hacj no money banging tp Tho order. would Ijo discharged without costs.