LIVELY PROCEEDINGS.

Dominion, Volume 6, Issue 1832, 19 August 1913, Page 5

LIVELY PROCEEDINGS.

THE RECEIPT BOOK. FEMALE WITNESS UNDER FIRE. . (By Telegraph—Pr«&) Aesoolatdon.) I . Auckland, August 18. Proceedings in connection with the bankrupt estate of Wm. Monaghan were restimod beforo Mr. Fisher (Official Assignee) to-day. Monaghan was adjudicated a bankrupt in consequence of a/ petition lodged by' Mrs. Christina Danzey, who obtained judgment against him for in tho Supremo Court, this being the outcome of ah action for slander. Monaghan had refused to pay this olaim and had contested the claim on the grounds that he held a mortgage of iCGOO over two houses which the petitioning creditor was purchasing from him and on which he olleged that tho principal and interest were' overdue. Mrs. Danzey was represented by Mr. R. A.'Singer, and Mr. J. R. Lundon appeared for bankrupt. The proceedings were .wholly confined to the cross-examination of Mrs. Danzey who gave ovidence with the object of substantiating her claim. She - maintained that this- claim was bona- fide, and that she h-ad-mado regular .payments of .£1 per week together with interest due. She stated that she had paid out . moneys to Monaghan in excess of what'-was actually, due, and that she had obtained-these sums by betting on racehorses. The payments in excess of the amounts due were made in December," 1 January, June, and July from moneys absolutely'made on the racecourse. She had got ner tips from trainers: It was suggested that the-first entry in the book produced was originally meant for M and had been converted into .£6. This was denied by petitioner who said that it was meant for £1. The Official .Assignee: It certainly looks like-as if it had been altered. , Petitioner Btrennously protested every signature was Monaghan's. . "May I drop dead this minute .if they arent Monaghan's," she added. -She stated that, at that time, bankrupt was drinking heavily, but ho was always drinking; She admitted that she had been convicted .of theft, but said that she.could not explain. Mr. Lundon: Never mind about explanations. Now I .will explain to .you—-• 1 , _ ; Witness: "I will explain. Tou can t h'aVo things all your own way-;' When Monaghan was at Roto Roa (she continued)' sho had paid his solicitor, and, when Monaghan came back to Ellerslie, she had not gone on paying him because ho "frould not let her. The deed of-mort-gage provided for a fortnight's grace only, and she had paid promptly. Mr. Lundon: And the interest paid on May 6 last was paid promptly? •• • ... Witness: Yes, I-paid "that on't 01 th& money I made at the Easter meeting. Mr. Lundon: Then how is it that' Baxter's receipt, shows that that money was not imid Until July? _ • . • Witness: It was paid on May 8. __ The Official Assignee: Oh,'no! Tho date is-quite clear! Why diid you say that it was paid on May 6? ."Witness: I-don't know. . Mr. Lundon-i It is bad enough to have been convicted of theft, but it will be tforse to be oonvicted of perjury. "Don't you call me a thief, said petitioner angrily, Shaking her umbrella nt Mr. Lundon. ■ ' ' Mr:-Lundon: All, these signatures are in Monaghan's own writing ? , : Witness: They arej I can't write myge]f Mr. Lundon:'Now, there Is an entry of £2i.. When did you pay that? , Witness: Yon can see ,for yourself. There it is. It is plain enough—December 23.' Mr. Lundon: S9 you can read if you cannot write? '

Witness: I can .write my, own name.,- , Mr. liiradoD.: Tnfo'J&.'tfM/jgM out of jrowr.winnin.is* at the Christmas mooting? Witness: Yes. Mr. London, then pointed out to witness that the. Christmas meeting did not .commence until after December 23, the date on yhich Bhe stated she had .made the payment.' , , , Witness: Ton pnt the idea about races into my head. Mr. Lundon: So much'for your yarn a,bout' winning at. the Christmas races. Your husband earns only .£3 per week, and your son 155., arod yet yon pay off £22 on Christmas Eve. Is it not a fact that yon .paid £2, and an extra "2' was tacked on ? ■ Mr. Fisher: It certainly looks to me as if n.n extra had been added on. Witness: I swear on my bended knees that it is not so. 1V , , Mr. Lundon: Monagha.n says that ne was paid only and th,nt tno letters "W.M." on the seoond receipt are forged. Witness: It is not true. - Mrs. Danzey further stated that if she had .not taken the book from Monaghan he would, have signed his name all the wav down the page. Mr. Lundon: And then you would write In the various amounts you olaimed to have paid alongside the signatures?: Witness: The signatures are genuine. Mr. that .the Assignee would get no further in. this way. Mr. FisTier stated that'Lundon hnd_ a. counter-claim, and that he, as Official. Assignee, had to make reasonable examination. There woto' one or two things in ' connection .with tho receipt book that ho dM not like at all. ■ • Mr. Singer: All of Monaghan s books are like that. . Mr. Filler said that he felt inclined to let Monoglwn make further action if he wished. '' , , , , Mt Singer pointed out banJcnvnt hnd already had three months, and his client had been compelled to wait tong anough for the money. Monaghan would have to. prove absolute fraud before he jonld succeed against netitionor. Mr. Fifflier stated that be would make jw order for a "week, and no date was fixed for the resranyptioii 6f nrooeeaings. To this Mr. Singer agreed.