5

I.—IB.

76. Under the Supreme Court code, in an ordinary ease you have twelve months for service on a defendant ?—Yes, I think so. 77. On the 3rd May, 1897, a summons was taken out on behalf of Sir Walter Buller and Major Kemp to compel you to serve them, or, in the alternative, to allow them to file statements of defence ? 78. The Chairman.] Who is the letter from?— From Mr. Stafford to myself. 79. Dated?— The 4th September, 1897. 80. Mr. Baldwin,] On the 3rd May a summons was taken out, and on that his Honour the Chief Justice compelled you to serve the defendants ?—Yes. 81. On the 22nd May the defendants were served, and on the 28th they filed their statements of defence?— Yes, so it is reported. 82. And immediately thereupon the case was set down for hearing at the June sittings ?—Yes. 83. You thereupon took out a summons to prevent the hearing at the June sittings in order that the Appellate Court could give its decision—on the 29th, I think, you will find the summons was taken out to have this case struck out of the list for the June sittings ?—Yes, so it says here. 84. What was the reason for that ? —The reason is the reason I have already told you, that every effort was to be made to obtain the Appellate Court's decision before the Supreme Court action came on, so far as I know. 85. There was no decision given on that summons, but as a matter of arrangement it was suggested that the case should stand over for two months?—l do not know. I was not present. 86. This letter, or report, from Mr. Stafford says so. That is what is in the report to you ? —Yes. 87. The Chief Justice, you say, gave no decision ?—Yes. 88. You find there that on the 31st May a summons was taken out to have certain questions of law argued?— Yes. 89. One of which was, whether it was a condition-precedent that the Appellate Court should give its decision?—" The main point involved in these questions of law was, in substance, whether the Public Trustee could test the validity of Sir Walter Buller's dealings before the Appellate Court had decided upon Major Kemp's titles." 90. And the Chief Justice's decision declined to allow the question of law to be argued?— Yes. 91. Do you remember as to a special case being sent by the Appellate Court to the Supreme Court for its decision?— Yes, I believe the Appellate Court did send a case. 92. At the conclusion of the evidence taken before the Appellate Court at Levin the Court declined to give a judgment as to whether there was a trust or not. That was about the 7th April. The Court said the question of law would have to be argued before they would give a decision as to whether there was a trust or not. This special case was sent forward to the Supreme Court, and the next step in the action was in reference to the special case. You will find there a report as to the application to have the hearing or trial of this action, the Public Trustee against Buller, postponed until the hearing of the special case ? —Yes. 93. And that was refused by the Chief Justice ?—Yes. 94. Then you find that on the 23rd July a further application was made to have the trial of the action postponed until the decision on the special case was given?— That was the application I was referring to in answer to your last question. 95. Then, on the 27th July you filed a discontinuance of the action?— Yes. 96. What was the reason ?—Because I was advised we could not go to trial until the Appellate Court gave its decision, and they could not give a decision until the Supreme Court gave its decision on the questions referred to it; and the Chief Justice would not hear or give a decision until the full Court met in October. 97. And in order to avoid this expense you filed a notice of discontinuance?— Yes; I was advised to do so. 98. Advised by Mr. Cooper ?—No; by Mr. Stafford. Mr. Cooper was not in it at that time. 99. And then Sir Walter Buller and Major Kemp took out a summons to force on a trial ?—No; I think the order in the alternative was to file a judgment for the defendants. 100. And the discontinuance was struck out and the case came on for trial ?—Yes. 101. Since the decree has been made in this case awarding these costs to Sir Walter Buller further costs have been incurred, have they not?— Since the decree, yes. 102. Between the Public Trustee —or whoever is responsible for them—and his solicitor ?— Yes, owing to the endeavour by Sir Walter Buller and Major Kemp to get payment of the costs. There was a certain amount of correspondence between their solicitors and mine, and my examination before the Chief Justice ; also an argument on a special case as to whether the office fund could be used. 103. And on that application you were successful?— Yes. 104. And yet you have been subjected to the payment of a considerable sum for costs ?—The costs were £94 19s. They have not yet been paid. 105. These particular costs have not yet been paid? —No. No costs were allowed. Each party paid their own costs. 106. I want to ask one or two questions as to what occurred between Mr. Stafford, Mr. Cooper, Mr. McClean, and myself on the evening you referred to. Did you make a note of what passed on that evening—it was on the Monday night before the trial ?—No, I do not think I did at the time. I think what we had done was this : I had seen Mr. Cooper, probably on the Saturday or Sunday, and possibly on the Monday morning, and the probability is that we had practically decided on what should be done, but no formal instructions had been given. It was probably tacitly agreed on, although formal instructions had not been given. It was not definitely settled until the Monday night.