16, Mr. Victor Gensburger brought an action against Mr. Meyer Shibbeth for Tls. 2,600, this sum being the difference on' two share contracts concerning the purchase of 600 Ewo shares at Tls. 23.60 (Tls. 11,800) and another 500 Ewo shares at Tis, 18.60 (Tis, 9,300) due by defendant to not file an affidavit in that time. T ask for an adjournment until next Monday.
Mr. Harris:—I do not wish to do anything to prejudice the defendant, If you think there should be an adjournment, I only ask for an order that no publication be made beyond what has happened in this Court, We do not want any more published. than has been already, Defendant:—I will give an undertaking not to publish any thi pending the hearing of this mo!
The Judge:—What particular advantage would there be in filing an affidavit. I am quite prepared to Mr, BIN. Reader Harris appeared for plaintiff and said the writ was a specially endorsed one. Counsel produced an affidavit by Mr. Gensburger in which he set forth his claim and said that defendant had' no defence to the action. therefore, applied for judgment with costs, Defendant said the claim was in connection with December Settlement, He had to receive Tis, 20,000 from a Mr. D. B. Judah had nothing to do with the present action.
Questioned by the Judge, defendant replied that he had no defence but he simply wished a stay of execution, Mr. Harris said there was no reason for defendant's application: if it wore granted, it, might prevent Mr, Gensburge ed, from gurnisheeing defendant' possessions for the amount claimed. "He was acquainted with the other case and knew that leave to defend would be asked for.
Stay of Execution Wanted Defendant asked to be allowed to make himself clear, In connection with the December Settlement, he had to receive Tis, 30,000 and he had to pay out Tls. 24,000. One broker had failed him to the extent of Tls. 30,000 and this caused him to! fail others. It was on account of this that he applied for a stay of execution as he hud brought suit against another person, The Judge questioned whether, in law, he could grant a stay of execution on the ground of mis fortune, Mr. Harris observed that he had no instructions to press for execution though it was possible that his client might wish it. Mz, Gensburger might, indeed, want to make defendant bankrupt, but insel did not know. The other ease would take more than two or defending myseif'in these proceedings and Treally need a little more time to put in a The Judge:—I am ready to hear you on your defence. "If you think, fter having heard My. Hartis say that he does not, want to prejudice you, that you are prejudiced, T am prepared to consider the point, But what particular disadvantage would it be to you for the ease to go on now, Tam prepared to hear your application, 'They are asking. for your committal, or, inthe alter ative, that you pay the costs of this, application and that you fined, and for an order that you publish no more about this civil case until the heating of that case, affidavit in' reply T imagine would only contain what I am prepared to hear you say now in open Court.
Defendant:—This affidavit of My, Harris's, in Section 6, referred to the proceedings in Chambers before yourself, Section 7 also does s0, and Mr, Harris refers to certain things which happened. in Chambers, and T gave an undertaking not to refer to anything. you said. in Chambers, T am prejudiced to this extent, that Mr. Harris can refer to. what' took place in Chambers and I cannot, and T wish to state my own understand= ing of what took place, I take yo great exception to what Mr, Harris says in his affidavit, You are the only one wh8 can decide, because you know what happened.
The Judge:—Mr. Harris saya is a member of the firm of White: Cooper & Ca. and. you cannot take exception to that, He says an action for libel was commenced and. pilot to this action he applied on belial? of the plaintiff? for a summons criminal proceedings. That i 8 statement of fact. He states that you filed an affidavit, and that fact, He states that, on the date on which the case was heard, you published the summons and affidavit support, You published in your paper on that morning: a notice of the proceedings in Chambers, which had not then been heard. That is a fact, Defendant:—T did not understand that I had committed an error offer other than cash had been publishing that. I did not think T made to defendant, who had remade an error in publishing the fused it, summons, Every big paper in Defendant replied that the rules London does it, of the Stock Exchange were that The Judge:—Then the statement there should be cash settlements. was that the summons came on for As something cise was tendered, heating and you commenced to read naturally he refused it. an affidavit to which Mx, Harris ob-The Judze:—You. are in a very jected on certain grounds.
'Than unfortunate position, Mr. Shibbeth, there is the statement that, at the but I will have to give judgment conclusion of the hearing, the Judizo for the amount claimed, with costs. made no order. That is' a fact.
Ar. Harris applied for costs to Defendant:—T don't admit it is a be assessed at $200, to which his fact that Mr. Harris objects to me Honour replied that he preferred teading. an affidavit, costs to be taxed in the ordinary The Judge:—Well, how does that hamper you? It public are going to learn quite a seems to me the
Proceedings Against Mr, St, about" what" happened in Lockhart Defendant:—That is not my fault, In HAM. Supreme Court, on Janu-that nothing further was' te lie The Judge:—My. recollection is ary 20, before Judge G.W.
King, Mr: published.
Bruce Lockhart appeared to an-|"Defendarit:—T did not publish any that he be committed more, in connection with the publication in The Judge:—The present motion ix the "Showdown" of matter affecting based on the very fact that. you the litel action brought against him published an affidavit neterred te by Mr. W. RB, MeBain and now paragraph 6 of this affidavit of Mr. pending. "Mr. M. Reader Harris Barrie', "It goes on to state, thi supported the motion and the defend- it is calculated to injure the plaintiff. ant attended in person. all thet, what is there. that On Mr. Hatris rising to make the' hampers you in defending yourself motion, the defondace mverpored, '0-day against tis motion for your stating that he really had not had, committal?
to the summons, ig, 29 fle an affidavit im anawer|_, Defendant:—T have not had uth. qevtted. It will take a great deal of thought, replied, cient time to prepare. my" defence, it would have meant the stoppage fof the publication of his paper on faber on and reading of books.
T am not Saturday. ted with law and, the Lave You have had five' of Contempt of Court. is. very intricate, The article published. ly-only had: the "SHowdown" immediately precetftp to. 12 o'clock on Saturday.. It ing the affidavit complained of: ex-was yeally: only 72 hours and T could plained precisely: why, I published
Text read from the printed page and cleaned; old type leaves the occasional error.