WHO SIGNED THE CHEQUE?

Manawatu Herald, Volume XXXI, Issue 458, 20 May 1909, Page 4

WHO SIGNED THE CHEQUE?

A case was heard in the Supreme Court at Perth, Western Australia, last week, in which WGlick sued Right Rev. Dr. Gibney, Catholic Bishop of Perth, for the amount of three promissory notes for £73, £75, £ 7O, respectively, drawn by the late Rev. Bernard Keogh, V.G. and purporting to be endorsed by Bishop Gibney. Mr Wheatly, a land agent, deposed that he bought some land for Father Keog in December, and obtained the promissory notes in question on account of this transaction with Father Keogh. He signed them at the Bishop’s palace, leaving the room in which he signed them to obtain the Bishop’s signature. At the time Keogh was much excited, and his signature was more like the scrawl of a spider than bandwriting. During the absence from the room of Father Keogh, Bishop Gibney came in and witness, showing him two spoiled promissory notes, said that Father Keogh had left the room for the purpose of obtaining the Bishop’s signature. The Bishop then said : “ That is a private matter of Father Keogh’s, and has nothing to do with me.” The Bishop then left the room, and, soon afterwards, Father Keogh returned with the bills endorsed. Witness then got the bills discounted by the plaintiff, and paid the amount he received into Father Keogh’s banking account, for the purpose of meeting the cheque previously given to him in connection with the laud transaction.

Bishop Gibney deposed that the signature on the endorsement ot the promissory notes was not his, nor had he seen the documents, nor ever authorised anybody to sign his name to them. He saw Mr Wheatley and was told by him it was for the purchase of the Wesleyan College estate. He was not in favour of it, and was not interested in the deal. He had never received any of the money from the bills.

Father O’Sullivan, Bishop Gibney’s private secretary, deposed that in August last he saw the late Father Keogh sign a cheque M. Gibney. This cheque was presented at the bank and paid. Witness subsequently in-, formed Bishop Gibney of the circumstance. Father Keogh, who was administrator of the Perth diocese, died after a short illness on :7th December last. In deciding the case, Mr Justice Rooth said he did not like saying hard things about people who were dead, but the conclusion which would have to be drawn from the evidence was that the late Father Keogh had committed what was alleged, or, if not, had obtained the assistance of someone else. There was, however, no evidence of that. In the circumstances of the case, as disclosed by the evidence, his finding would have to be for the defendant.