SINGULAR DISCLOSURES AT THE SUPREME COURT. CHARGES OF MISAPPROPRIATING TRUST MONEYS. IDENTIFICATION OF RIGBY AS RAMWELL. ACTION BY THE LAW SOCIETY. Auckland, April 18. RIGBY OR RAMWELL.

Te Aroha News, Volume V, Issue 257, 21 April 1888, Page 6

SINGULAR DISCLOSURES AT THE SUPREME COURT. CHARGES OF MISAPPROPRIATING TRUST MONEYS. IDENTIFICATION OF RIGBY AS RAM WELL. ACTION BY THE LAW SOCIETY. Auckland, April 18.

RIGBY OR RAMWELL.

Fn.L disclosures in the case ot William Kigby or Ramwoll, late solicitor of thi s city, were made at the Supreme Court this morning, when ailidavits were produced showing the extent, of Ramwcil's defalcations in England. -Mr C. E. Button said ho liad to mention to Hi* Honor the mattei of Win. Rigby again. His Honor had slated that ho would refer a kumcr application by the Law Society to the Court of Appeal. Inasmuch as the ailidavits were not beforo Hib Honor it was ai ranged that he (Mr Button) should road the ailidavits. 11 is application was lor leave to servo notice. Mr Button read the affidavits :—: —

AN ABSCONDER AND A BANKRUPT The affidavit of Peter Kcvjiu, of Bolton, in the county of Lancaster, Great. Britain, accountant, set out (1) that the .said Peter Kevan was well acquainted \\ ith William Ramwell, who cairied on H\e profc-^ion of a solicitor in Bolton and Maneiiestci, for many years previous to the lattei end of 1882. (*2) That in, or about, the month of November, 1882, the said Win. Kamwcll, in consequence of financial dilhoulties, ab-f-conded from Bolton, and on the 21st November, 1882, was, on the petition ot a creditor, adjudicated a bankrupt in the Count)' Court of Lancaslmc holden at Miinehestei ; (3) that on the 21st No\ ember 1882 this deponent and (!eor<, r e Williamson of Manchester were duly appointed joint trustees of the e-tate and etlecis ol the said William Ramwell, bankrupt ; (4) thatas such trustee the deponent, had from time to time access to the book.- and pupei.s of the bankrupt, and had perused the proofs of debt and clmm.> made by cicditois upon the estate of the said banLiupt.

A BANKRUPT FOR L' 50,000. He had reason to believe that, the in* debtedne:?:; of the said bankiupt was upwauls of C' 50,000 : (5) that the estate of the bankrupt would not realise more than L"4,000 : (6) that the claims sent in included a Mini of C 6.000, held in trust b\ tin: bankrupt on behalf ot a manicd lady, tor which sum no investments had e\er been found, that the bankrupt was belies ed to have used the said money in hi-> own business, and committed a breach of trust, wheieby the tru-t estate had been entuely lost ; (7) that the deponent, in the course ot his in\ estimations as tuietee, a^-eei tamed that the bankrupt iecei\ed irom se^el<^l clients sum^ of money tor pui po>e= of investment on mortgage or other securities for which sums no adequate security had c\er been found and the deponent venly believes that almost the whole of the following sums have been lost :• —John Ma^on, Southport, gentleman, t!2,200 : KobertHarrison, Liverpool, retired licenced victualler, £1,080; John Hough, Heaton, near Bolton, iarmer, £2,200; Richard lliccn, Jiolton, gentleman, £600. (S) That the discharge of the said bankrupt has never been granted. (9) That the deponent had carefully examined the handwriting contained in the memorandum dated October sth, 1887, to G. N. Bras^ey, Esq., and signed " YV. Rigby," and said that such handwriting was undoubtedly the wiiting of the bankrupt, William Ramwell. formerly ot Bolton ; (10) he also recognised a photogiaph, and recognised the »amo a=; a true and coriect likeness of the bankrupt, William Ramwell.

ANOTHER AFFIDAVIT. An aftida\it of Thos. Hall Winder, of Bolton, sohcitoi and official rueenoi, in bankruptcy, was corroborative of tho above ni lecognitron of l\.i{^by a^ Ramwcll, from the lianciwnting and photoyraph.s.

I AFFIDAVIT OF A TRUSTEE. The attidavit of Fletchci Rit^on, bookkeeper and cas-hier, of liolton, says : "Thai .) . y (lieenhalgh, of liolton aforesaid, and myself i are the trustee-* under the will ot William j >1 olden, w*uehouseman, <fee., oi liolton, de- * ceased. (2) That W. Kamuell \va« the ij solicitor acting on behalf ot the C trustees. (3) That an indenture dated I' April 1878, and made between Robcit j Harrison and myself, a freehold plot |of land w ith three shops and hoiir»e^ situated at Walton, for a considerati on of the sum of C 360, paid to llobt. Hamion by ¥ letclier Ritson, granted and convened by l-k'>bt. Harrison to me, my heirs, etc , su.bject to a proviso lor ledcmp tio.n of same on payment by Kobt. Harrison, heirs, etc., of €360 with interest at 5 per cent on a day long since past, and the said indenture now in statement contained ths usual covenant on the part of Kobert Hamson with myseli lor the payment of principal and interest. (4) That by the indenture dated November 9, ISBI, between myself and John Greenhalgh, for the consideration theiein mentioned, the said plot ol land, i shops, and dwelling-houses were granted and conveyed to myself and .1. (ireenhalgh, , our heirs, etc., subject to the said piowso foj- ledemption, and the mortgage debt i and the securities therefore were duly i sisnigned unto myself and Oreenhalgh. (5) j The said sum of £360 was part of the tru&fc ' •estate of Holden, deceased. (6) The title •deeds were handed over to W. Ram well, to \ n -enable his firm to prepare the indentures of transfer, and after the execution of transfer, we allowed the said indentures of mortgage and transfer, together with other deeds to remain in the hands ot Ramwell, Pennington and liradshaw for safe custody, only and not otherwise ; (7) that on or about the 9th November, 1881, Wm. Kamwell received on behalf of the trustees £360 for principal, and £1 3s 8d for interest from Mr Harrison being the amount due to the trustees on the security ol the mortgage and transfer. (8) Very shortly after Ram well handed the title •deeds and papers to R. Harrison without knowledge or consent of cither of the trustees. (9) Neither of us authorised Ramwell •or his firm to give such or any notice whatever to call in or receive the morlgago debt. (10) In or about May, 1882, Ramwell informed me thab Harrison had paid off the mortgage debt. (11) Between May, 1882, and October, 1882, I ond my cotrustee made repeated application to Ramwell for the money, without obtaining it. (12) Ramwell absconded in 1882, and was shortly after adjudicated a bankrupt. (13) Neither of the truatees had been ablo to trace any investment oijtha £360, or to recovez* the same, and verily J^Jjcved that W. Ramwell misappropriated the $v?#ey by applying it to his own use

ANOTHER SERIOUS DEFALCATION. An allidavit of JMargarot Barrett of Manehestor, declared that Ram well as trustee 'in interests of herself and her infant children received on the 31st April 1881 respective sums of 1:4,000 and ,£2,574 boinc money under the will of Messrs J. &G.Slater, of Dunscar, with interest. Between April, 1881 and Novembor, 1882, the deponent frequently saw Ramwell, and was informed by him that the trust money was safely invested, but Ramwcll always ovaded tho inquiry for furtherinlonnation, and told lior to call again. Sho had rceehod, on account of interest from Ramwell, small minis of Cl 5, C2O, and C3O, but although she had pressed him for an account sho had inner received any information as $" rate ol interest, or the natuie of the securities u^on which the money was inve-ted. After Uamwell absconded .-he caused enquiries to l>o made lespeoting her trust funds, but had been unable to tiacc any portion thereof or obtain any information as to their investment. She believed that Kamwell had misappropriated the trust tuiuU and had applied the money to his own use. She and her childicn are now absolutely without, income, and cntiiely dependent on their own cxci tioius tor means ol sub-isimcr.

1 DENT IF [CAT lON OF 111 (J1 i\ . A iurther allidavit, made by (1. N Brassey, ot Auckland, identified ihe haiul" writing ot \V. Ki^by, late ol Auckland, with that of W. Ramwell. lie also identitied a photographic likeness ot Kamwoll -"ibeiuj^ that ot W. Iviirby. lie had bec'ii intoimed and believed that lvi<;by admitted to se\eial jjersons in Auckland that he was the same per.son as Uamwell and that he lielie\ed \V. Rigby and W. l\amwell to be the same pernon.

ARdU.MENTS OF COUNSKL Mr Button said tlieie was also an aihdawb by Mr Tlesketh abeady before Hi Honor, and asked His JLonor to kindly bring these allida\its under the notice ol the Court ol Appeal. Whin tho foi mcr application was made lli> llonoi had not thesi- allidaxits beLne him or he would not have made the iemarks ho did. The Law (Society did noi mo\e m the mat tor without causr, and they could not- ha\c made the application before because the \ were not m possession of the facts now in their possession. His Honor said that no doubt the Lav Society had only done then duty in bringing this matter beloie the Court, and he would consult the othei judge; as to the proper course of proccduie.