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settled on his wife, and that he was not going to do anything " crooked." Mr. Henderson wanted Mr. Scott to see Mr. Denniston and Mr. Hazlett, to see if his property could not be settled on his wife, and then he might sail gracefully through bankruptcy, greatly to the relief of Mr. Eitchie, Mr. Henderson, or the company. The case, your Honour, I submit, is abundantly clear, and the only surprising thing is that the company, having put Mr. Scott in this position, should be mean enough, now that he is in it, to say that he was not their agent, and must take the consequences. James Bobebtson Scott examined. 1. Mr. Chapman.] What are you, Mr. Scott ?—I am a commission agent, carrying on business in Dunedin. 2. You know Mr. Henderson?—l know Mr. Henderson and Mr. Eitchie, of the National Mortgage Company. 3. Had you. any business dealings with them before last year?— Not very much. 4. Last year you saw Mr. Henderson about something?— Yes. 5. When was your first interview? —Early in January. 6. That had not to do actually with this transaction?— No. 7. Well, I will ask you what it was? —He sent for me and told me—that is, Henderson told me—he wanted to take up a run in my name. 8. His Honour.] "He " or " they " ? 9. Mr. Chapman.] What expression did he use? —I think he said "we." "We want to take up a run in your name," or to make use of your name in taking up a run; and he said the run might not be bought. It was to bid at auction at Timaru for a run, and if they did not buy the run I was to get a guinea, and if they did buy the run I was to get £10. 10. How did that result ?—Shortly afterwards they told me they did not get the run. 11. And you were paid the guinea?— Yes. 12. Did you know where that run was ? —No. 13: You did not? —I think I recollect it was in the Lake Ohau district, but I do not know positively. 14. Did Mr. Henderson say anything as to why he wanted you to bid ?—The only thing that was said—no, Ido not think he did at that particular time. Ido not think he gave any reason at all. 15. Did you hear Sir Eobert's suggestion of a reason to his Honour ?—That was wrong; that was my conjecture on the matter. Mr. Haggitt: I think we shall find that will go through a great deal. Mr. Chapman : No, it will not; but my friend Sir E. Stout's opening did not quite correspond with his brief. Sir B. Stout: It is, " I inferred from what he did say." I thought he had said it. 16. Mr. Chapman.] What was the next thing you had to do ? —The next time Henderson sent for me was in February—towards the end of February, I think. 17. You then saw him in the office of the National Mortgage Company ?—Yes. 18. Did you go voluntarily, or were you sent for ?—I was sent for. 19. What did he say to you ?—He said he wanted to go in for another run. I cannot remember the exact words. He wanted, to go in for another run, and that I was to do the same that I did last time. There was nothing said particularly as to what I was to be paid at this particular time, but I was to be paid. 20. Yes ? —And I think the only thing said at that time was Mr. Henderson explained that Mr. Eitchie was frightened for the rabbits, and that the Government would come down on a company, whereas they would not come down on a private individual. He gave that as the reason for my taking the run up in my name. 21. What further took place at that interview?—Oh, I said, " Well, I hope it's all right. I hope there is nothing ' crooked' about it." And he said, " Oh, it's all right," and that I was to act for them—to submit the correspondence to them, and do nothing of myself—submit everything to them. 22. Anything more?—l do not think anything particular more was said. 23. Was anything said about the rent?— Not a word. 24. Was anything said about who was to pay the rent ?—Oh, they were to pay the rent. 25. About the amount of rent ?—No ; nothing whatever. 26. Were you then, or at any time, consulted about the amount of the rent ?—No. 27. Did you know the length of the term of the lease?— No. 28. Did you know the. situation of the run ?—I knew it was in the Lake Ohau district somewhere. That is all I knew. 29. Did you know anything of its qualities or character, or of the responsibilites attaching to your taking it up ? —No. 30. Well, then, what liabilities or responsibilities were you taking in the matter ?—They were making use of my name. I had to answer letters and telegrams. 31. Mr. Solomon: Is this what was said, or what he thinks? 32. Mr. Chapman.] Was anything said about that?— They were to take the whole responsibility of everything. 33. Well, what was said about that ?—He said he would see me through it. 34. Mr. Haggitt.] Who did?— Mr. Henderson. 35. Mr. Chapman.] Was anything said about stock on the run —whether there was any stock on jt ? —I did not know whether there was any stock on it or not. 36. Well, what did you do then ?—I think the next thing I did was to sign a telegram to the agent at Timaru or Christchurch.
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