A WHANGAREI PROPERTY DISPUTE.

Auckland Star, Volume XXXVI, Issue 35, 10 February 1905, Page 5

A WHANGAREI PROPERTY DISPUTE.

ALLEGED FORGERY O? AN AGREEMENT. TKOUBLE BETWEEN BROTHERS. Mr Justice Edwards and a jury were occupied in the Auel/tland Supreme Court this afternoon in trying a charge of forgery preferred by a Whangarei farmer named Robert McDonnell, against his brother, George MeConaelL George McConnell was e'oarged -with forging a document purporting to divide the prosecutor's farm of IBS acres. The Hon. J. A,. Tole conducted the case on behalf of t"ihe Crown, in conjunction with Mr of Whangard, who appeared, priyately instructed, for the prosecution. Mr Peacock d<*f— ths accused. Robert Connell, a farm owner, residing near Whangarei, acid the accused (his brother J had no interest in his farm. Some time ago on receipt of a letter from his brother he went to see Messrs Carruth and Peacock, his brother's solicitors, concerning an agreement. They sinjwed him a. fona of agreement on whicii his name, "Robert Cornell," was forged. Mr fJteadman: What did the agreement to do? Witness: Divide the farm. I at once repudiated the agreement. Crtjss-examined by Mr Peacock: Witness ' said Ma brother owned the farm pric/r to 1595, but at this time his brcther 'was deeply m %tbt, the mortgage was overdue, and erf** creditors were waiting to be paid. ffSc brother owed Iran £200 at that %-<ia3, and the property was transferm.s to him without rjny money passing. the property was nrorth about £500 —it was mortgaged Jot £300. The brother's indebtedness to frJTn was made up by numerous small loans, wages due, backing a promissory note which his brother let him in for, oE £38. His Honor: I suppose you had to pay costs for not paying It -when due? Witness: 0h r yes, a lot of costs. It cost mc £50 before I finished. Witness said there was also a promissory note for £15, which was a forgery. Mr Peacock: Did , you pay on that note, which you say was forged? Witness: Yes. Why? To save the family from disgrat-.-. You don't propose to save them from disgrace in this ease? No; where is it to stop? Did you get security for these moneys you lent hfm? No. I trusted to his honour. I trusted, him till I found him out forging my name. Did you keep a list of the loans? NoYet you remember the full particulars of these thirteen amounts spread over fourteen years? So would you if you lent the money. You must have- an extraordinary memory. " It's the truth, Mr Solicitor. If the transfer of the property was in consideration of this sum of nearly £2< v - due from your, brother to you, how is it there is no mention of it in the transfer? I can't say. His Honor: Was this little arrangement made to get the best oi your brother's creditors? No. It waa defrauding *ac revenue, you know. Witness said he was a young man at the time. He did not read the contents of the transfer, which was arranged by his brother's solicitor. Mr Peacock : If you signed one document without reading the contents, might you not have just as likely signed another in the same way? I never signed that forged agreement. How much work did your brother do on the farm after the transfer? Practically none. Did he not put up some fences?. My father said be (my father) <Jid itI was away at the time. Did not George do some bush-felling? Practically none. Did he not milk the cows? I dpn't call that work. Did you ever pay him wases? No. Was not the arrangement that you were to hold the property en trust till George got out of his difficulties, and then transfer it back? No. Did. you never say to any of your family that this was the arrangement ? No. (Proceeding.) Come to stay! The Panama hat! Have you seen the splendid lot ot Panamas and straw hats at Geo. Fowlds, "Victoria Arcade.—Ad. Canvas voiles, all shades, 9Jd yard. At the Beehive sale, Karangahape-road. Value is always present at Geo. Fowlds, Victoria Arcade. The most lasting gilt with, the goods purchased. Ad. I