TOLD IN THE COURT.

Dominion, Volume 6, Issue 1726, 18 April 1913, Page 6

TOLD IN THE COURT.

"EXTRAORDINARY STORY." PROMISSORY NOTE FOR ONE DAY, WAS THERE DURESS?

Matters of an unusual nature came before Dr. A. M'Arthur, S.M., at the Magistrate's Court yesterday morning. The case was brought in the form of a claim by George liowe, commercial traveller, Wellington, against Arthur Finch, blacksmith, Wellington, for .E25, as tho amount of a promissory note, and Bs. 2d. as interest oil the amount. Mr. A. Dunn appeared for plaintiff, and Mr. ,T. J. M'Grath for the defendant. After y law clerk employed by Mr. Dunn had given evidence for the plaintiff, Mr. M'Grath (for (he defendant) addressed the Court. Mr. Al'Grath contended that plaintiff must be nonsuited, and said that a solicitor knowing what a disgraceful proceeding had taken placo was acting rather astonishingly in not putting his client into tho box to clear his character. There was no proof before the Court that the promissory note had not been paid. It had not been dishonoured, not even presented, and was not a completed bill. Air. Dunn argued that it was not necessary to prove "presentation"'; tho mere production now of the note was sufficient evidence of non-payment. Events Leading to the Transaction. It should be here .explained that on January 22 a motor-car driven by Leslie Finch (defendant's brother) and a car driven by George, Rowe (plaintiff) collided on the Hurt Road.*'On January 21 there was an agreement drawn in the office of Mr. A. Dunn, solicitor, and signed by George Rowe, Leslie Charles Finch, and Arthur Finch, whereby Arthur- Finch agreed to pay Rowe £o on the execution of the agreement and a further sum of .£25 by January 25 (the following day), in consideration for which .£3O Rowe agreed to forego all claims against. Leslie Finch for all damage resulting on the collision. Arthur Finch agreed to give a promissory note for the .£25 due or. January 25 (tho day after the promissory note was issued). Allegations of Terrorism. Mr. M'Grath said that on January 23 (the day after the collision) Rowe went to Arthur Finch's shop and bullied Finch into taking steps to make restitution for the damage alleged to have, been caused by his brother. Arthur Finch carried on a small blacksmithing business and was a poor man. He was the sole support of his aged parents, and his younger brother, who lived in I a very humble home, and from this dwelling Rowe said that he would eject them to the street if. the money he wanted-was not found. Finally, this extraordinary promissory note was drawn up- "I don't, wish to say anything about the propriety of the action of the solicitor who drew up that promissory note for a day," Mr. M'Grath remarked. He -added that before the promissory note was obtained from Arthur Finch, Rowe took Leslie. Finch to Petone and terrorised him with allegations that- the "police and the detectives were after: him. He expressed himself as certain that his Worship would not nllow the note to stand. He then called evidence.

"Would Turn His Parents on the Street." The first witness was Arthur Pinch, the defendant. Mr. M'Grath: Did Rowe say anything to you on January 23 about his car with which thp, car driven, by your, brother collided on the preSfibtfsf'day? l ~v' ••''■", ■ '•'•'' Witness: Roue caino to my shop and said that there was about .£l5O worth of damage dono to the car. Did you see him again?—" Yes; he came to ray shop on January 24." What did ho say?-—"He said lie minted money mid I said that I had not got any. He then asked if my eld people had any, and I said that they had not,and that my young brother had nothing. Howe said: 'Well, I get the money somewhere and if you can't find it I will sell up your old people's home and nut them out on the street.'" Did he say anything further?—" Yes; he said ho would sell out my business and'send mo bankrupt." Did he tell you that yoh were Kabl" for what your brother had done?—" Yes." Mr. Dunn: That is a leading question. Mr. M'Grath: Supported by the witness. Mr. Dunn made some reply which was not uudible\ at the press table. Mr. M'Grath: You .were not ja'nie to put your client in the box to support your statement on oath! Mr. M'Grath (to witness): Did lie say anything about a criminal charge against your brother? Witness: He said detectives were watching my brother who had better be careful not to go to far away. What did you infer from Iris conversation as far as the detectives and your brother were concerned?—"l understood either he or the owner* of the car which my brother had been driving had put the detectives on to watch my brother." Do you know if Rowe took your brother, anywhere ?—"He drove to Petone to see if he could borrow the money from, a friend." sDid you get any message from Petone? —"I was rung up and told that thev could get the money, and that things were serious for my brother, and I was asked to come out at once. The voice on the telephone said that 'they were being watched.'" The inference was, then, to your mind, that your brother was narrowly escaping arrest?—" Yes; I did not know till he came back but that he was arrested." Taken to Lawyer's Office. What amount did you send to your friend at Petone for?—",£2s." Then you tried to make some other arrangements?—" Yes; but Mr. Rowe would not accept anything but cash." What did you ultimately do about it?— "J told Kowe thnt the bsst I could do was to give him .JBS then and the rest in instalments. He drove me to a friend's place where I borrowed £5 and gave to Rowe." What then ?—"He still- kept me in the gig, and he drove me to Dunn's office. . . . Rowe and Dunn went into a room for some time and then came out and handed me the agreement which mv brother and I signed. We also signed the promissory note." Did you have any money to meet that note which fell due next day?—"No: I was hoping to borrow it." Oi\ tJie terms made, .£2O was to cost you about v£7 for eight months?-~"Yes." Mr. M'Grath was asking further questions when Dr. M'Arfhur interjected that what he had to decide ,was: Was there duress?

"An Extraordinary Story." Leslie Finch deposed that at Petone Rowc had frightened him by telling him that the police were watching him Mr. M'Grath: Did you see him talking to a man on the street ?—"Yes, and when he saw ino approaching he put up his hand for me to stop, and afterwards he told mo the man was a detective." ■What happened at the post office Petone?—"He told mc to get out the back way; that the police were, after me." AVhero did you go?-"I went up the road towards Ngahauranga, and he ran after mo and told me that the police were up that way and I .would get pinched." Dr. M'Arthur: I suppose all this is true. It is an extraordinary story. AVitncss: Yes, your-AVorsiiip, it is all true. Mr. M'Grath: AVliere did you go next? —"I went down to the seashore and walked along the beach towards,town." Dr. M'Arthur: Down by the sad sea waves! Air. M'Grath: This man terrorised you? —"Yes, worse than that." Jtr. Dunn: Don't, put leading questions, as you have been doing all day. Mr.. M'Grath: I would like to put n leading question to somebody who deserves i! more than this witness* does. . Dr. M'Arthur: Go on! Go on! James Sargent. Howe's driver, was caller! by Air. Al'Gruth. He stated that Kowc said to him at Petone: "Hurry up.nnd net out of this; the police are on Mj: l

Finch's track." Finch was awfully frightoneil—hu was terrorised. The Other Side's Version. George. Koive (the plaintiff) was ihen called by Mr. Dunu. He -aid that when he went to seo Arthur Finch he asked for the address of Mr. Finch, senior. Arthur Finch then said that he did not want his parents to bo worried about the affair, and then volunteered to settle it himself, and said he would endeavour to r:ti<e thti necessary money. Witness used no threats at all, and did not terrorise Finch. "I was," he said, "more of a friend tc him than an enemy." Mr. M'Grath: t would like to know your definition of "a frisnd." Mr. Dunn: You didn't frighten him? Witness: No. Dr. M'Arthur: But you stuck to him. You didn't let him go? Mr. Diuui: What happened then? Witness: I took him to your office, Dr. M'Arthur: Hold on! This is a good place to stop: You've got him in your (Mr. Dunn's) office. Wc will go on with the case at half-past ten in the morning. _,