SERIOUS CHARGE AGAINST AN OAMARU MERCHANT.

Evening Star, Issue 3452, 16 March 1874, Page 2

SERIOUS CHARGE AGAINST AN OAMARU MERCHANT.

At the Oamaru Police Court, before Messrs Jas. Hassell, C. Fenwick, and A. Clowes, J.Ps., on Thursday and Friday, James MTntosh, of the wellknown firm of Grave and MTntosh, commission agents and merchants, was charged with forging an instrument of lease. We take the following report from the ‘ North Otago Times* Mr O’Meagher, who appeared for the accused. said he was compelled to ask that one of their Worships should leave the Bench, as he knew that a subpoena had bpen served upon Mr Clowes, J.P., to attend as a witnes'. It was not competent for Mr Clowes to sit, under the circumstances. .Mr Clowes stated that he hold an opposite view, as he had no material evidense to givehe was not aware that he had any evidence to give relevant to the case. After he had been m the witness-box he intended to leave the Bench, and to take no part in the judgment. That appeared to him to be the proper course, and ho did not think counsel had the right to ask that ha should leave the Bench before he was called as a witness. That was a matter which he would leave his brother Magistrates to decide. The Bench upheld this view, and Mr Clowes said that all he wished being merely to vindicate his position, thatbavingnow been gained, he would voluntarily leave the Bench. He then did so, and went out of Court with the other witnesses. Joseph Williams : I am a farmer residing at Mount Pleasant. I kuow the accused James MTntosh. In August last I leased the farm known as Hunt’s, and their property at the mill. I agreed to give L9O per anuum for 100 acres of land. The agreement was afterwards put in writing by the accused, James MTntosh. I saw him write the document in the inner office of Messrs Grave and MTntosh, Thames street. This was on tue l(Jth August last. After he had written it he read it to me. He then asked mo to sign it. 1 did so. Aft-r I signed it I saw the accused commence to sign the name of the firm, i saw him write the “G.” I signed it at the bottom. When I signed it th-re was, as near as 1 could judge, a couple of luches bla.uk the cud. of tho writing, 2, signed my name about the middle of the space. There would be nearly as much space between my signature-and the writing ou the document as between my signature and the bottom of the paper. r i ho terms on which I leased the land were that Grave and MTntosh were to have dams and waterraces, and ingress and egress to the mill. At the expiration of the lease the land was to he laid down in English grass. Mr Grave allowed me L4O off the rent, because the farm was in bad order. This last was not part of the written agreement. The docnment is the ope signed by me. [Witness h?re read oye’r the document, pp bah"

asked ifthere was anything in it not read to jnm by MrMTntosh, said the word “quarry* mg was not in it, n.ir were the words lessor to have lull power over lands ” in the document ] I swear this. The document p oduceddoes not present the same appearance as when I signed it. The document was in a clear hand. It was not smudged as it is now. My signature is nearer the writing than it was when I signed it. There appear to have been two lines added since I signed it. My name was not mixed up with the other writing when I signed, it, I believe I next saw the document on the 17th February. It was then in Mr Grave’s post ession, * He read it to me. and I asked him to let me see it. I got the document into my hand, and folded it up, and said I would keep it. He said, “ No, you don’t.” I put the paper into my pocket, and took it down to Mr Hislop’s office. I gave it to Mr Hislop. When I got it fiom G rave and when I gave it to Mr Hislop it was in the same state as it is now. 1 did nothing to it. Cross-examined : 1 swear positively that the word “ quarrying” was notin the document when I signtd it. No one told me to get the document from Mr Grave on the day I got it. Mr Hislop told me to obtain the agreement. I did not tell Grave before he gave me the document that I wanted to take it away. I said “ Let me see the jolly thing.” I led Grave to suppose that I only wanted to look at it for a moment. Mr Hislop told me to take the document away if I could get it into my bands. I lay this information myself. No one advised me to do it. Be* fore I got the agreement into my hands I told George Orr that if Mr His* lop did not go on with the prosecution I would get some one else. 1 knew there had been a forgery, from a copy that t saw in Mr Hislop’s possession. I did promise Grave to bring the document in ten minutes; this was

in order to keep him quiet, as he was calling out for the storeman “Sherwin, Sherwin. I had no intention of giving it back. The words, “ the lessor to have full power over lands,” were not there [when witness signed it]. I swear that positively. I understood Grave and M'fntosh were to pay for the lease. I had been spoken to about this document between the 16th August and the 17th February, and during that time I asked for it frequently. I saw it three or four times in Mr Hislop’s possession since the 17th ult. I was told to get possession of the document

about a couple of months back. On the 17th February Grave wanted to bet me that the word “quarrying” was in the agreement. I said I would bet him it was not, .if the agreement was the same as the copy that Mr Hislop had. Grave said, “ There has been a press-copy taken, as the document shows it.” He wanted to bet half a guinea. I thought of doing it, but I thought if I put it down the money, and he saw the word 4 'quarrying,” he would collar the money and the agreement. Joseph O’Meagher ; 1 know the accused. I have seen the document produced before. I cannot say when. Sergeant Smith: Who showed you. the document. . Witness r I decline to answer any questions regarding it. My client can waive the right if he pleases, but I claim privilege. I shall answer no questions with reference to that document, except that it has been in my possession once. Sergeant Smith j 1 merely wish to ask if the document is in the same state now when you first saw i'. Mr < I’Meagher : Mr M*lntosh, it is for you to say whether I should waive the privi'ege—> it is your right. If you do, I shall answer any questions. Accused : Your Worships, the charge is a very serious one, and I therefore claim all the privilege the Court allows. The Bench ; We shall allow the privilege the witness claims. Thomas W. Hislqp, sworn, deppaed.—l am a solicitor, residing at Oatnatu. remember the , 26th August last being in Mr O Meagher’s -office, together with Mr Will U»ms. While Mr O’Meaaber was out of the office for a few minutes, Williams asked me if I would peruse a lease of the Phoenix

mill property ou his behalf. Either theu, or after Williams had left, I mentioned to Mr 0 Meagher that Williams had asked me to peruse the lease, and he said all right, he would send round the draft. The draft was not prepared at the time, owing to Mr 0 Meagher being busy. From something I was told by Muuroe, I saw Williams, and owing to a conversation with him, 1 went, I think, twice to Grave and MTntqah’s office, and once to Mr ObMeagherls, for the purpose of seeing the agreement entered into between the parties. Mr O’Meagher told me that iVrlntosh had it, and I was told at Grave and M Intosh s that Mr O’Mragher had it. Between the 4th November and the 11th I went again myself {[ had sent my clerk on the other occasions), and saw Mr MTntosh. 1 said Mr Spratt told me you -were going to look for that agreement. Have you found i t? ” He replied “No.” I afterwards heard

from Mr Grave that it bad been found. On the 17th December I was at Grave and MMntosh’s. After some other conversation I said “ Bye-the-bye, Grave tells me you have found that document.” He said “Oh yes we found it longagq.!? He then looked in the safe for it, and, while looking, said “ I found it at home in my pocket.”. He took it from a pigeon-hole, and I asked him to allow me to make a copy. He handed it to me. I commenced copying it, and had written down to the words “ maintain races,” when I noticed in the following word, which 13 “ quarrying,” a change in the ink and the writing. At that time I did not examine closely into the ink. I copied on until I came to the word “ expense,” in the last when I noticed another change m the ink. I also noticed that the words “full power” had been written after the signature “Joseph Williams,” the strokes of the two words “ full power” being written over those of the words “Joseph Williams.” After finishing the copying, I examined the document all through very carefully, and I came to the conclusion that the “quarrying” and “the lessors to have full power over lands,” were written in the same ink. but different ink to thereat of the document. The words mentioned were written either in copying ink er very tuick mk i the remainder of the writing was m common ink. To the best of my remembrance there was not a sing’e blot on the document when I first saw it, and certainly there was none of this smudging. The document now appears to me as if the writing had been gone over with French copying ink, and as if some one had been trying to take a press copy of it. After I had done copying, I turned to MTntosh, and pointed out that the word “quarrying” looked very suspicious. He said “What’” I said “That; and that too,” pointing out the word “quarrying,” and the other words I have mentioned, and added that 1 could bet that Was written after the signature. He then said. “ Oh, yes. the whole document has been written after the Signature ” I said, “Oh, nb, it hasn’t’- but betnow d t’’ hat T kaV M „ I J, eßaid ‘ “What’llyou bet now! I said, I’m not going to bet " ffS 7 "Tr bef6 E e HcrcpwW, What 11 you bet now?” I renpatorl reply. He add, •• Yes they iJKSLSJ that they were written before. I said I did'nt word" fnH a ° 4 KM° 8 ““ lMt ,“ l ” ™ th ® worn tali, i said anyone could see that that had been written after the signature—that any expert would swear that it ™ad em»“ ‘ &= f 6 “ id - “ oh -“”4 '. , ’ replied, I am smart enouch to twig that, at all events.” I then came away. written more cramped than the rest of the writing, and

was, I should think, -written with the side of the pen. 1 subsequently told Williams that he must try and get bold of the document 1 saw it next when Williams brought it to my office on the 17th Februaary. It is now in the same state on the face as when I got it from Williams. It is not in the same state as when I saw it with M'lntosh on the l/th December. There was no appearance at that time of its having been press copied. It was then written with the same sort of ink as Grave and M'lntosh’s signature. 1 am in the habit of using Freeh copying ink, 1 swear positively there are two sorts of ink nsed m the body of the agreement. There are two shades of color in the writing. The letter “e” in the word “have” in the first line is divided in two at the end of the letter and appears to be in two different colors. In the sams line, in the letter “a” in the word “ clay” there are two distinct upstrokes. I can see eighteen letters where two strokes are distinguishable. I never had any con* versation with M'lntosh on this business since. The insertion of the word “quarrymg would give Grave and M'lntosh powers wh’ch they otherwise would not have. The addition of the word “quarr\ing” and the words at the cnd-“the lessor to have full power over the land ” —would make the document of less value to Joseph Williams. Williams told mo that the agreement was nob like the one I had. Ho came in laughipg at having got possession of the document. j information for forgery on account 0 - j I8 m This was some time ago. He said “That I can easily do.” From the 17th February to the 4th March nothing was done as to the information. We agreed that it was better to have the lease executed first. We had intended for some lime to lay the information. I spoke to Sergeant Smith oa the 18th December. I showed the document to a number of people in order to get the r opinion upon it. Mr Clowes expressed the opinion that the words “ Joseph Williams ” had been written before the words “full power ” were written. I told Mr Clowes all I knew about it, and asked him if he thought the matter ought to be gone on with. 1 don’t think he gave any decided answer. He said something to the effect that if the thing was a forgery it was a rascally thing, and ought to be punished. 1! I had been asked to swear at the time I saw the document in Grave and M'lntosh’s office whether certain strokes of the words “full power” had been written over some of the upper strokes of “Joseph Williams,” I would have sworn that they had been. I swear that I could not possibly have been mistaken. I had no microscope with me. I wiil now swear that the last stroke of the “ 1 ” in full has been written across the uppar stroke of the "W” in “Williams.” I have told people what my opinion of M Tntosh is. 1 don’t remember ever having said that 1 would rather believe M'lntosh guilty of perjury than another man who was going to be put on his trial. I did tell Grave, in the c urse of conversation, that I believed M'lntosh was capable of forging a document. I altered my opinion of Mr M Intorh gra dually, commencing from about the time he joined Mr Grave. I had no personal feeling against him. but I did not care for Lis company. Ihe accused was committed for trial.