SUPREME COURT
CRIMINAL SESSIONS
ALLEGED FORGERY OF WILL
The criminal sessions of-the Supreme I Court were' continued • before: Iho Chief Justice, Sir Robert Stout, yesterday. Mr. V. S; ■'&,' M(icassey fappeared ior tiio Crowu. ■'...'■'■■■ ■■'■'■■■ ■ ' ■'■''■ Goorgo Harris,-,!!, middle-aged'.nian, was charged with having, iii December, 1916,' at ■■ < Wollinjton, fovged •- and uttered a will purporting to. bo that of John Smith, his father-in-law. .' .. '. V. : ' ■ ' . Mr. M.- Myers appeared for l.bo prisoner, who plendod not guilty. Jlf. Macassey said that the docoased Smith-had boon for many years au era- | ployee-ot tho h'rm ,of Jonkins , . and Mack, His death occurred on June 20," 1916." Ho Hpont the evening on. that ,date in tho company of a very old friend named 'timothy O'Loug'hlin, and parted with tho lattor about 10.30. A seizure took him when ho fas about to'.enter, his Jiouee,; and ho died in a very short time. • Dur-. ing. the evening he told O'Loughliii that ■ ho S3ii not made a will. The evidence of Mr. Mack would bo cnlled to ehow. that the deceased, when unwell 60ine ■ three or four sears' before,' stated that he- had Dot then made a. will,. and a clerk in the employ of ..the. firm would give Information as to-a conversation (held'with .the ■ deceased about , a fortnight before his death)- from which.it appeared tHat ho Vill'wne in oxistence at that time either. ■" Deceased loft *wo; inaTried daughters; (pn'e. oi'\ whom was. the wife of the accused),: and : (hree6onfi.. When Smith had died, tho two'daughters went throujh his effects, but found no will. They discovered a, bank poaarbook, however, ( and it was in credit to the amonnt olabout J3700.- The accused wentto O'Loujhlin and asked him if Smith had" made a will, and O'Loughlin replied that as for as he knew,. Smith had not. O'ioughlin advised Harris to inquire of Smiths old employer, but Harris.did not follow .this course} On December 7, 191 C, six months', after Smith died, the' Public Trustee received what purportod to b'9 a will. -The will gave .Harris s little daughter the sum of .J!SO, and gavo the remainder of the estate to Harris' 6 wife. It appointed the Public Trustee sole executor. The witnesses to the (document were. Tredenok Irasor, tironian. and Andrew Morrison, labourer, both of Wellington. ■. Tho will was : accompanied by a letter purporting-to be aigaed by Fraser. It stated-that the fetter had had the will in hie possession for'the past year, and had withheld it tor six months after the death of Smith, becauee it was Smith's wish, that should do- so. The. writer stated that U was leaving the country in, a few days.' Inquiries' were made with tho object of finding the witnesses to tho will and they could not be discovered, The' police considered, from their investigation of the matter, that the accused wrote out the will* himself, and also wrote out the letter which was sent to tho Public Trustee. ' The evidence of uMJ'lwriting experts would bo called to show that both documents were written by one and the samp person,' and that that person's hand was similar to Harris's. 'Apart from the question of handwriting, the jury would have to consider the fact that jin all probability the. deceased never made a will; that the only beneficiaries under the document winch purported to bo the will were Harris and his wife; and that if anyone did forge the will it was likely to Dβ the person who was to benefit by it. Evidence on the lines of that given when th'o oase was before the Magistrate s Court was called for the prosecution. Mr. M. Myers, in opening for the defence, contended that the prosecution had. not shown'that the will was forged. Thl wlio'e case-hinged upon-the expert evidence aa to handwriting, and such evidence was -dangerous; The first that the accused knew of the wUI was when his wife received a copy of it from the Public 'Trustee. ' " : ■ '-' • , ■ ' The case was 'adjourned till. to-day, when tTie evidence for;..the defence will bo heard. . . .- -,- ~.-....- ■.',•... : :
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Dominion, Volume 11, Issue 38, 8 November 1917, Page 9
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665SUPREME COURT Dominion, Volume 11, Issue 38, 8 November 1917, Page 9
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