SUPREME
444 Daily Press 14/4/11
COURT.
Thursday, April 13th.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHI F JUSTICE).
TAT M V. HOWELL.
The action was continued in which Johu Tutam sued Frederick Howell, chief bailiff of the Supreme Court, for an account since 24th September, 1905, of the receipts and disburse- ments of the defendant in re-port of the plain. tiff's business of a butelier aul compratore carried on under the style of the Hongkong Butchery, and for a receiver.
Mr. M. W. Slade, K. C., instructed by Mr... H. Gardiner, appeared for the plaintiff, and defendant was represented by Mr. Eldon Potter, who was instructed by Mr. C. E. H. Beavis (of Messrs. Wilkinson & Grist).
Mr. A. R. Lowe, chartered accountant, on being recalled, stated ---I think Mr. Slade said
he had taken out the balances himself.
Mr. Slade-I jotted them down and they were added by an accountant.
Witness The only correct thing about them is the adding.
Mr. Slade--Oh!
His Lordship-The registry added them up too. Witness-The only correct thing about them is the adding up.
His Lordship I beg your pardon. I thought you said the only correction was the adding up. Mr. Slado then questioned witness with regard to the mistakes in the accounts as taken out by Mr. Slade.
Mr. Slade It is perfectly possible to make a mistake?
Witness-Of course it is, but it means gross carelessness.
Are these corrections mainly of outstanding accounts prior to January, 1896?--I have not looked to see that.
I want to understand where the errors come in-In the books. That is all that interests me There is a balance on the books at 31st January, Why you did not take it out I can't explain.
I am not asking you to explain anything I did. I am asking you to explain what you did. You took out all accounts which were outstanding on the face of the books at the end of Jaunary - Certainly.
You found that on these figures which were given to you there was a number of amounts ?-- Certainly.
I suggest to you that most of these are not carried forward into January at all?--I have not looked to see that. It is immaterial.
This Lordship-I don't think you can. Mr. Slade-He seems to think that when other people make mistakos they do it on purpose.
Wituess-Ob, no.
Mr. Potter-No suggestion of that by us. His Lordship-What is the net result? Witness-Mr. Slade seems to think it is an unfair way of taking out that amount.
Mr. Slade What is the net result? You said there were $400 worth of items included in that. What is the total on the face of the ledger? Witness-$3,508.53-a difference of $110- items which I can give you here not in the ledger, sundry small items. I can give you what I should say would be a reasonable ex. planation if you like, or rather an assumption.
Mr. Slade I should like to know the number of corrections you made. You said the only correct thing about them was the addition. should like to know the number of corrections as a matter of curiosity. There are nearly 500
I
Witness--72 corrections.
Mr. Slade-Some of these corrections are
merely corrections of folio numbers,
Witness-It is not so, my Lord.
Mr. Potter then resumed his address, point. 147
ing out that the allegations that there had been no sale and that Mr. Howell was part owner of the Hongkong Butchery had failed. Referring to a butter transaction in support of his con- tention, Counsel said the voucher would corro- borate his statement,
Mr. Hill, the Court usher, was asked to hand up the voucher.
Mr. Slade-What is that, Mr. Hill? Has it been produced ?
Mr. Hill-Yes, it has been produced.
Mr. Slade-What is it?
Mr. Hill-Account for butter.
Mr. Slade-I have not seen it. It has been
produced from somewhere,
Mr. Potter-I beg your pardon.
Mr. Slade- That is the sort of thing we have
to put up with here.
Mr. Potter-Mr. Howell said in evidenco- Here it is. Here is an account for sale of butter.
Mr. Slade-I beg your pardon.
His Lordship--Don't let us get tragic.
Mr. Potter-I am not tragic. Mr. Slade I have never seen it. It has never been produced. What Howell said was, I have a
duplicate account in my safe. That was never produced in Court at any time.
His Lordship-I have seen this document. Mr. Slade-I don't know how it got among your pipers. It was not produced.
Mr. Potter--It was. Your Lordship looked at
it.
His Lordship-It is not marked.
Mr, Potter It was banded to your Lordship. Mr. Slade-How could it get there without being shown to me, as it ought to be? I don't understand. You are not at liberty to put in things without letting the other side see them.
His Lordship-I can't understand why it should escape going to Mr. Slade.
Mr. Potter-It was dealt with by Mr. Howell in the box and produced by him. There is no doubt Mr. Beavis remembers the incident.
Mr. Potter then continued his address. In dealing with the assertion that Howell had nudersold the business fraudulently, Connsel said that the only man wo could lose by such ao į undervalue was Howell himself. In eonclusion. Counsel submitted
that every allegation made by plaintiff had utterly failed. The plaintiff could not ask for an account of the Hongkong Butchery because he had had one account which
was proved ond which showed that he was heavily indebted to Mr. Howell. He thought that plu ntiff could not ask for an account of the Hongkong But- chery as it was at present, for the very good reason that Mr. Howell had no interest in that. Furthermore, Connsel submitted that each and every allegation of frand made by the plaintiff and they were most serious-hal utterly failed. They had been disproved as conclusively as anything could be disproved by Mr. Howell and his witnesses.
Mr. Slade said they had listened at great length to much declamation, interspersed with attacks on his conduct of the case, and some ingenious arguments from his friend. But he would get down to cold facts. The problem was whether there had been a genuine sale on January 7th or 8th, 1897, by which Howell divested himself of his previous interest in the Butchery, because Howell had by that date the right to half the total net profits made by the Butchery.
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