Mr Turton thought he had a right to produce such evidences. His Honor—Though they were not bound by the rules of the Supreme Court, ho thought that the bill of particulars should be full and clear. He would admit the evidence, so far as it went, but if a question of tii-le was to be raised > why not raise it now ? Cross-examined—Kept no books beyond the ones produced They did not show his profits, but witness knew them from his sales. Was not now a partner of Barnett's; was at first. Mr Turton objected to this evidence, as no plea of partnership had been filed, or notice given. To His Honor—Have not made up account silcs. The business was his own. Was married, and had a family. Formerly Barnett was interested, and is still, in sheep purchases. Re-examined—Paid 20s per 100 lbs for beef; sold it at from 5d to 6d per lb. Killed sheep and beef at Barnett's farm, Frankton. Believed that Barnes, the landlord, had transferred to Vause. Paid Vause rent by contra accounts. Defendant had some months previously aiid the property was his, as it was mortgaged to him by Barnes. Reckoned his nett cash profits at 100 per cent., after allowing for drawbacks for waste. (Plaintiff was examined as to meat sales, which he proved to be satisfactory.) The question o' title was again referred to). His Honor thought that the case of taking possesion of land and houses in the manner described reminded one of the old feudal times, but that in these cooler times, rights of a civil nature were more considered. The document produced, though not yet admitted as evidence, would b— ve given "us lawyers" a full sheet of parchment to write out. W. Coltham saw the meat thrown out by defendant into the roadway. Cross-e.iamined—Could not say to what extent it was damaged. It was fresh meat. Samuel Collins saw defendant get through the shop, window, and saw the meat thrown out violently. After wards picked up the meat, and sold it for plaintiff, at 3d per pound. Cross-examined—Plaintiff, if he paid 20s per 100 lbs could not lose anything, as witness realised 35a per 100 lbs nett for it. The remainder of the business will appear in our next issue.
