SUSPENSION OF A SOLICITOR FROM PRACTICE.

Westport Times, Volume VI, Issue 963, 19 April 1872, Page 2

SUSPENSION OF A SOLICITOR FROM PRACTICE.

The following case was adjudicated upon at tho Suprome Court, Nelson, last week, by Mr Justice Richmond: — Re Harry Pitt ex parte M'Callum. In this matter Mr Fell, instructed by Mr Nelson, of Blenheim, on the 24-th January last, moved for and obtained a rule, calling on Mr Harry Pitt, of Blenheim, solicitor, to show cause why he should not forthwiih pay to Archibald M'Callum, of Blenheim, farmer, the sum of £625, with interest and costs; and, further, why he (the said Hairy Pitt) should not be struck off the rolls of this Court. It appeared from the affidavits in support of the rule, that Mr Harry Pitt had negotiated for his client, Mr M'Callum, the purchase of certain lands, and had rectived from him the sum of £750 with which to pay the deposit thereon. After the lapse of more than six months, M'Callum discovered that the vendor had not received the money, and that except £125 it was not forthcoming. He therefore instituted these proceedings. The rule being returnable on Monday, the 11th March, Mr A. Pitt on that day showed cause ; and Mr Fell replied in support of the rule, when his Honor took time to consider his decision. This being the first sitting of the Court after the return of his Honor from Hokitika, he now delivered judgment. He had only received the affidavits in reply on the day of the argument and had therefore determined to read them over again before coming to any decision. He regretted that the adverse impression he had at first formed was confirmed on fuller consideration. He would say as little as possible on the rratter, as it was one which, in the course he was about to take, must come before a higher tribunal of which ho himself would probably be a member ; yet he must say so much as would vindicate his decision. The main accusation was contained in the twelfth paragraph of M'Callum's affidavit, namely, that from tho time of the supposed agreement for the purchase of the laud, down to the 21st October, 1871, (about eight months), he had been led to believe by Harry Pitt that the deposit had been paid to the vendor. This accusation met with no explicit denial; there were certain statements of Mr Pitt's affidavit which involve a denial, from which the contrary might be inferred, but could these be taken as equivalent to an assertion on Mr Pitt's oath, that he had told M'Callum that he had kept the £750 for himself while M'Callum was still liable to the vendor for the whole? lie thought not. There was no doubt that the detention of the money by the solicitor in his own hands when he had an overdrawn account, was in itself misconduct, and this was greatly aggravated by concealment. There could be no doubt as to the conclusion that any person of common sense would come to upon the affidavits. He lamented to think that they showed the commission of gross fraud, which it was attempted to conceal by equivocation. The ultimate responsibility was taken off his Honor, but being of opinion that the rule ought to be made absolute, he ordered that the case be reserved for the consideration of the Court of Appeal at its next sitting ; and further, that Mr Harry Pitt, from and after Saturday, the 6th instant, be suspended from acting as a, Barrister or Solicitor, and from the enjoyment of all privileges appertaining thereto, until the decision of tho Judges of the Court of Appeal be made ; . and further, that Mr Harry Pitt do forthwith pay to Mr M'Callum the sura of money claimed by him.

of the missing men. The mate states ' that the vessel left Sydney for Now Guinea with 75 men, forming an ex. pedition for settlement on that island and that it was wrecked on Bramble' Reef. It struck the reef about 3 o'clock on Monday morning, February j 2Gth. The captain left the wreck about 5 o'clock the same morning in j the best boat with a crew of six. Ten ! men left on a piece of wreck, and about thirty others left on two rafts. The brig commenced to fill up i m l mediately, and went down at 7 o'clock the same morning. The mate believes I that part of the crew on the rafts have drifted to some of the islands in the neighbourhood, .or perhaps to the mainland. The wind was blowing strong from S.E. The Tiuonee starts in search at 4 to-morrow morning Provision has been made for housing and feeding the ship-wrecked crew by the Police Magistrate (Mr Sheridan). The mate, doctor, and two seamen be. longed to the ship, the remainder were passengers. One is Mr Margraveanother is described as doctor and storekeeper. They assert that the captain deserted them. Brisbane March 5 : —A telegram has been re. ceived to-day by the Colonial Secretary of Queensland from the Police Ma. gistrate at Cardwell. It states that they landed at Tain o'Sbanter Point where they were attacked by the blacks! They saw the c.\ptain and another man murdered, but they cannot say if the other three men who were in the boat with them are alive or Card. well, March 7:—At 10 this morning, two men—Wilson and Sullivan, form! ing part of the captain's crew—ar. rived here. They were in a state of nudity, and say they had been so foi four or five days. When the blacfo attacked them they retreated to the . sea and swam some distance from i shore The blacks kept them then i till dark, wb.-'n they left. After swim. . ming several rivers they returned tot f hill—being followed by the blacks- . and lay hid there for two days. Thej . arrived here in a state of prostration, t They have sword and spear woundi 3 over different parts of their bodies but are in a very fair way of recovery . Two search boats have returned. Thi i second boat to go out, on landing oi 1 the beach, was rushed by hundreds o i blacks; they succeeded, however, i s bringing away the missing boat of thi captain. Forty-three are still missing 9 and it is feared they will not be found r It is beyond doubt that the captai; . and two of the crew were killed b e the blacks.