THE TIMARU CONVEYANCE FORGERY.

Globe, Volume XXI, Issue 1782, 6 November 1879, Page 3

THE TIMARU CONVEYANCE FORGERY.

1 The following is the conclusion of the proceedings in this case, before the Timaru Bench, on Tuesday : 1 John Goodman —I am clerk to Mr R. D. Thomas, Christchurch. That is my signature to the deed ; that is also the signature of Edward James. I saw James sign it on the 28th of March last. Manning was present, and I think Saunders, but I am not certain. [ A cheque was given to me for £599 before the deed was signed. To the best of my belief 1 Mr Saunders left immediately the cheque was given, and loft us to complete the purchase. I am not certain that the deed was read to Mr Saunders. I entered the cheque in Mr Thomas’s books as received, and I went to the bank and had the cheque cashed or marked. I think I got it cashed. When I came back Manning said—“l have arranged with James to borrow £SOO of the money on security of the lease of the Pleasant Point Hotel and furniture.” James said that was correct, and he would do it provided Mr Thomas approved of the security. I said I could not recommend the security, and if he were determined to lend, as wo had been acting for Manning in some other transactions, I had rather he would see some one else. Manning and him had some talk over the matter, and Mr Thomas came in, and it was arranged if Mr Saunders would borrow the money he could have it on an agreement to mortgage the 100 acres. Mr Saunders was not present, and it was arranged that £SOO was to be loft in Mr Thomas’s hands to lend to Mr Saunders, and I gave James a cheque for the balance of the money, less Mr Thomas’s costs. The cheque I believe was for £B3. I gave the cheque to James, and he left with Manning, and I saw no more of him. To Mr Joynt—The money was 'placed in Mr Thomas’s hands to lend to Mr Saunders if he would accept it, and if not to invest it. Mr Saunders would not accept it for some time as he did not want the money, but ultimately Mr Saunders agreed to take it, and it was secured by agreement to mortgage rural section 9079. I prepared a statutory declaration made by James, that he was the original purchaser. I know the handwriting of Mr H. D. Manning. The letter produced is in his handwriting. It is as follows : Christchurch, March 24th, 1879. Mr A. G. Saunders, Dear Sir, —A friend of mine has two sections of land in the Timaru district for sale, and I think cheap for cash. Now, if you are in a position to find about £SOO cash I should be agreeable to share the profits if any after the expenses and sale of same, which sale I should suggest shall take place as soon as it is transferred to either you or myself, as my friend, Mr Edward James, to whom the land belongs, cannot stop in town many days. An early answer will oblige. Yours truly, H. D. Manning. To Mr Reid—James wag in the day before the deed was signed. He came in with Mr Manning and gave instructions for the preparation of the conveyance. There was a memorandum signed by James agreeing to sell 100 acres of land to Saunders for £6OO. James was quite sober at the time. He was told by me that the conveyance would be ready in the morning. He came alone in the morning and said he had come to sign the conveyance. I read over the conveyance to him and he signed it. Mr Saunders and Mr Manning came in shortly afterwards. To Mr Toss will—Mr Manning and James were present in my office on the 27th when Mr Saunders came, and the question was raised as to whether the purchase money should be £SOO or £6OO. Mr Saunders asked Mr Manning whether it was worth £6OO, and said “ I will give you £6OO for it, provided you pay expenses.” Andrew Pinwell—l am Deputy-Registrar of Deeds, Christchurch, and produce an assignment of agreement between H. D. Manning and S. Manning dated 30th Sept., 1879, affecting rural section 9079; also, an office copy of agreement between H. D. Manning and S. Manning, dated 9th April, 1879. . Matthew Henry Oram—l am an hotel keeper residing in Christchurch. I know H, D. Manning, prisoner before the Court. I remember the last November races, A conversation took place at my hotel in Manning’s presence. Monning spoke to me privately that evening, and said that he know where the man was to be found. This was with reference to some land in Timaru, about which there was a conversation in the room. He said he believed he knew where the man was that owned it, and wanted some money to go and find the man. He told me the town section was worth £IOOO, but we did not go into the value of the 100 acres. He asked me to go in with him but I did not do so. Some time after this another conversation took place between Manning and myself in reference to James. Mr Manning told me he had been to Tarndale, and I asked him whether he had found the person he had been searching for. He said he had seen the man up there, but it was a very curious thing, it was a man of the same name, and that he was not aware that he owned any land in Timaru. To Mr Reid—l am not aware when this conversation took place. It took place in the City Hotel, Christchurch. I do not recollect any other conversation which took place. Joshua Page—l have been a stablekeeper in Christchurch. I know H. D. Manning. I own land near the section in dispute. I had a conversation with Manning about the land about a year ago. He told me he thought he had found the man who owned it, and that he was somewhere in the Nelson province. He said he had heard a conversation in the City Hotel, which led him to believe that James was in the Nelson province. We had another interview, and it was arranged that he should go up, and I was to pay expenses for him. It was agreed that if it was the man I was to find the money to purchase the land. Wo had an agreement in writing on the subject, but I don’t know where it is now. I saw him on his return from seeing James, about a week or ten days afterwards, and he told me it was not the man James who owned the section, but that he was quite willing for a consideration to personate the man. I did not agree to it. Afterwards he called on me when I was ill, and I told him I would have nothing to do with it. I paid him his expenses going up, I think £ls. I sued him afterwards for that amount. I got the money. To Mr Joynt—After I heard the land had been purchased, I met Mr Manning again and said “I hear you have bought the land.” He said “Yes, he was the man after all.” I said “ What an infernal scoundrel you must be to throw me over. I’ll sweat you for my money.” We parted, and had nothing to say on the subject since. To Mr Reid—l might have said “I’ll make it rather warm for you.” X was not aware of the terms on which it had been purchased. Before Manning went an agreement was drawn up for James to sign. I meant by throwing me over that I thong fit he was bluffing me in telling me that the man he had seen was not the man, in order to make a better bargain, and when I heard that the land had been sold, this was my conviction. Henry Gibbs —I am a laborer, residing in Timaru. I have been nineteen years in Timaru. I remember a man named Edward James, who had some property here. I believe he had 100 acres at the back of the town, and a quarter-acre section in the town. I know him well. None of the three prisoners is any way like James of whom I am speaking. I never saw Manning and James together. When James was in Timaru he used to stop at the Timaru hotel. Before he went to the West Coast Manning and Melton had the Timaru stables. That was in 1863, some months before the fire. I believe James went to the West Coast about the year 1865, just when the rush commenced. It was Melton, I believe, who had the Timaru hotel about that time. Henry Durand —I am a gunsmith living in Timaru. I have been close on twenty years in Timaru. I remember a man named Edward James, better known as Cornish Ned. I am quite positive that neither of the prisoners is like Edward James. I knew him here in 1865 or 1866. There was no other man of the same name here. He used to stay at Melton’s Hotel. I think Manning had the Timaru stables at that time, but I am not certain i about it. I am under the. impression that Walden sold the stables to Cornish Ned. To Mr Joynt—James was a light complexioned man, light brown hair, and sandy whiskers, about 5 feet 8 or 9 inches, stout ■ built, broad across the shoulders, and rather ; stooping. He was here several months. I ■ was carrying on business in the town then. I do not recollect that he ever returned to > Timaru. He was a tolerably steady man, and , used to take care of his money, but occa- * sionally got on the spree. He was laboring about the town then. I think I should know s him if I saw him now. > John David Rogers—l am a butcher, living I in Timaru. I hold possession of a 100-acre rural section, No, 9079, It is the section

described in the deed produced. Manning and Saunders came to me on this section in April last. I did not know Saunders then, but I knew Manning. I was introduced to Saunders by Manning, but I did not catch the name he called him. I was yarding up sheep at the time. Manning said, “If you have got a minute to spare, I should like to talk to you.” I said I would be with him in a minute, as soon as I had finished what I was doing. Saunders said he would like to speak to me, and we walked away across the paddock, leaving Manning standing in the yard. When we got about 100 yards away, Saunders said, “ Does this land belong to you ?” I said “ No.” He said, “ Who does it belong to ?” I said, “ I believe it belongs to an absentee, but I have fenced it in some time ago.” He said, “ This is a nice piece of land; I should like very much to rent it.” He asked me where the man had gone to. I told him I did not know. He then said, “ Is there any chance of finding out where he is ?” I said I could not say, as he had not been heard from for a great many years. He then asked me if I would know the man if I saw him. I said, “ No, he had left the district before I came.” He laid, “Well, ho is standing before you now.” I said, “lam very glad to compliment you on having a very fine piece of property.” I then asked him where he had got to for so many years. He said, “ I have heard all about that.” He said then ho had not made up his mind as to what he would do with the land, that he did not know whether he would sell it or not, and that if he did not sell it ho would give me the first chance to lease it. I said all right. Ho then inquired of me the value of land all round the place, and I told him that I paid £45 per acre for a section of land adjoining it. He said he was leaving in the morning, and that he would like to make arrangements with me that night. Wo met by appointment that evening in the Grosvernor Hotel. We went into a private room, and I said to him, ‘ What do you suggest about the land ?” He said he had seen his agents in town, end they advised him not to sell then, as the money market was very tight. He said he would like to lease it to me, and give me first offer cf it. He asked what it would be worth per acre per annum. I told him I was paying 15s per acre for leasehold close by. He said ha thought it was worth £1 per acre per annum. I then asked him what length of lease he would be inclined to give. He said he could not guarantee it longer than three months as he might make up his mind to sell it. He said I might have it for a few years, but that he would like to be able to get rid of me at throe months’ notice. I said I should like to consult my solicitors before I entered into any agreement about it. He said it was as well to settle it that night, as he wished to get away by train the next morning. At that time a man named Kirkwood came in and said, " Hallo, Saunders, are you down here ? I see you are in business,” and he withdrew again. I said, “Is your name Saunders ?” He said, “ Yes.” I said “ You led me to believe that your name was Edward James.” Ho said, “ Oh no, I never said my name was James.” He said, “ I only said I was the owner of the land.” I said, “ Then you have misled mo, and I’ll have nothing more to say to you.” He said, “ I am the rightful owner, I have got the deed,” and pulled the paper from his pocket. I said I did not wish to see the document, and did not want to have any transaction with him ; that he could use his remedy through the Court. I left then. He did not produce the conveyance before Kirkwood came in. Subsequently to this conversation I had several offers in reference to the land. In June Mr Goodman came to see me in my shop, and said Saunders had come down from Christchurch to try and settle about the land. I had been served with a writ for £I2OO, by Saunders, previous to this. I went to see Saunders with Goodman, in the Groavenor Hotel, that evening. Seunders said he wished to get the matter settled up, as it would save a lot of expense. I said I could not consider any offers that ho might make, and we made arrangement to meet in Messrs Godby and Tosswill’a office next morning. We met next morning. Mr Goodman and Mr Tosswill were present. Saunders stated that he wished us to make an offer. I don’t think he made any offer himself. I believe I offered to give up possession for £IOOO. They offered to allow me for all the improvements, which came to nearly £4OO. I declined this, and they said they would go to law. I said all right, and left them. Mr Goodman said they had served another writ on me. The second writ was served at the suit of James, and was for £I2OO, mean profits. To Mr Joynt—He never said he was not Saunders. Saunders said to me, “ The owner of the land is standing in front of you,” I don’t remember saying to Saunders in the Qrosvenor Hotel,” If you had not told me your name was James I would have given you up the land in the first instance.” I told him ho led me to believe that his name was James. Saunders did not contradict me and say, “ I did not ;say I was James. I told you I was the owner of the land.” I do not remember replying, “ Yes, I was in a flurry at the time. That is what you did say.” I inquired for Edward James when I went to the hotel to see him. When Manning introduced him, I could not catch his name. I had got two or three descriptions of Edward James previously, and understood him to be forty. I had been told Edward James was coming to Timaru on the day that I met Saunders on the land. This concluded the ease for the prosecution. James Goodman—On the 23rd of June last I called on last witness, and recollect a conversation between myself and Saunders as to what took place between them at their first meeting. Rogers said to Saunders, “ If you had not represented yourself to be James I should have given possession at once.” Saunders replied, “ 1 never represented myself to have any other than my own name.” Mr Saunders said, “ Do you recollect Manning introducing me to yon as Mr Saunders, and my asking you if you would know the owner of the land if you saw him, and my saying, ‘Well, he stands before you now; I am the owner of the land.’ ” Rogers replied, “ I think that is oorrept, old boy. I was naturally flurried; I hardly knew what I said.” This completed the evidence, at a quarter to 11 o’clock. Mr Reid deprecated the course taken by his learned friend in trying to throw a slur upon the other prisoners so as to exonerate his own client from complicity in the affair. He argued that there was not sufficient to warrant sending the case before a jury. His Worship said that as far as James and Manning were concerned there was no question about it that their case was one which should go to a jury. He had given careful attention to the case of Saunders, and he felt that he had been so mixed up in what appeared to bo a gigantic fraud, that for his own sake he thought it was better for him to go before a jury. He would, therefore, commit the three prisoners for trial. Mr Joynt asked his Worship to commit the prisoners to the next sitting of the Supreme Court at Christchurch. Two reasons way the case should be sent to Christchurch were, that the majority of witnesses were there, and that it was the place where the alleged offence was committed. A great deal of interest had been excited by the case here, and it would be fairer to the prisoners that they should be tried in Christchurch. Mr Reid made a similar application on behalf of his client. His Worship said he could not allow the question of interest being excited by the case to weigh with him at all. He saw no reason for departing from his usual course, and would commit the prisoners to the next sitting of the Supreme Court at Timaru. In reply to the usual charge, the prisoner James made the following statement I don’t wish to screen myself. I merely wish o state the truth. When Manning came to Tarndale to mo it was on a Sunday, sometime in October, I think. He came on horseback. One of the men took charge of his horse. There were four or five men standing in the front of the cottage. Ho spoke to some of these men, and one of the men told me ho inquired which was Ned James. I was sitting down washing some clothes, when ho said, “ Hallo Ned old man, how are you ? Is’nt it time you knocked off this sort of work, a rich man like you ?” I looked up at him and told him ho had the advantage of me, I did not know him. He asked me how long it was since I was in Timaru. I told him it was the year of the Hokitika rush. He asked me if that was the first time I had been in Timaru. I told him that I had passed through with a mob of sheep, and went to Otago with them. He said, “ Oh never mind; I’ll have a yarn with you just now, and I’ll tell you why I ask these questions.” Some little time after I had finished my washing, and he asked mo to come out on the side of a bank with him. I did so, and we sat down. He asked mo could I read and write. Ho took out his pocket book, and asked me to write

my name. I wrote my name in full, Edward James. He then asked me if I had bought any land in Timaru or Oamaro. I told him I had not ; I never owned land in either place. He then told me there was a man of the name of Ned James owned a piece of land in Timaru about 40 acres, adjoining property of his own. It was in its natural state. I told him it had nothing gdo with me. He asked me about several people in Timaru. I did not know any of them he had named. He looked up at me, and said, “ Ah, you are not the man. lam very sorry for yonr sake.” I said I could not help that; it did not, the land does not, belong to me. The same afternoon he asked me if I could goto Nelson, and I said “No.” He said, “ What, not for the £soo?’’ I said I could not go as there would be sheep to dip. He was offering this money for the use of my name. I walked away and would have nothing to do with him. He asked me did I know anyone who could tell me what had become of the original James. I told him there was a man at the Rainbow. He asked me his name, and I told him. Next morning he went to the Rainbow and saw the man. When he came back next day he said the man knew nothing about the original James, and asked mo it I know anybody else. I gave him the names of two other persons— George Moonlight and William Fogdon. He offered me £6OO for the forty acres of land it I would get one of the men to sign an agreement to that effect, I told him I would have nothing to do with it. He asked me to meet him at the Waiho. I said I might meet him there in two or three months. I did not go with the intention of seeing Manning when I left the station, I went away to get a young horse of mine, and on the way I got drinking. After I got drinking I can’t recollect anything, I was tipsy the whole of the time, and until I was put in the watchhouse at Nelson, I was never in my proper senses. I have no more to say at present. In the case of Alfred Godfrey Saunders, bail was fixed at two sureties in £250 each and himself in £SOO. In the case of H. D. Manning, bail was fixed at two sureties in £4OO each, and himself in £4OO. The case concluded at a quarter to one this morning, up to which time the Court was crowded.