A PRIVATE PROSECUTION.

Taranaki Daily News, Volume LIII, Issue 105, 11 August 1910, Page 3

A PRIVATE PROSECUTION.

LAYMAN AGAINST A LAWYER. INCIDENTS IN COL'iUT. Auckland, August 8. Somewhat sensational incidents occurred in the iPolice Court in connection with tie hearing of a private prosecution instituted by Charles Henry Greenhead, settler, of Waiuku, against Edmund Mahoney, a well-known member of the Auckland Bar. The information laid by plaintiff Greenhead charged defendant Mahony with having, at Auckland, between April, 1898, and December, 1904, committed forgery toy *ausing two. false •documents to be made with the indention that they should be acted upon a? uine. Further, that, on June 5, 1!a, the Supreme Court at Auckland, in an action Griffiths v. Greenhead, the defendant uttered two false documents, as if , they were genuine, well knowing that they were false. A further charge was also preferred of having, at Auckland on May 30, 1910, committed theft by receiving from the A.M.P. Society a sum of £289 lis, and failing to account for the same to the trustees of the Arrowsmitli estate. Each party conducted his own case, and the charge of theft was taken first. The prosecutor gave evidence regarding a lease of land which he had connected with the Arrowsmith estate, and entered into a long and involved statement regarding previous proceedings bearing on the matter. On being requested 'by the Magistrate to state the object of the proceedings, the prosecutor said that it was his intention to bring an action in the iSupreme Court for damages, and it was necessary for him to bring evidence to prove the charge. PROSECUTOR FAINTS IN COURT.

The Magistrate: That is all the evidence you have, and you are asking me to commit Mr. Mahony for trial for theft? Prosecutor: Exactly, sir; for receiving this money and accounting for it on paper only—that is to say, not accounting for it to the beneficiaries of the Arrowsmith. estate. The Magistrate: Where is the proof that he did not account for it?

The prosecutor replied that the proof was in the accounts of the Arrowsmith estate.

| In further reply to the Magistrate, prosecutor stated that this prosecution was the outcome of a letter concerning tHe' l Arrowsmith estate which had come into his possession. jThe ! 'Magistrate: Which you have no business to possess! How did you gut it? Prosecutor: Mien I sent to Wellington for some official papers it was forwarded to me by accident. The Magistrate: And you retained it? Don't you consider that stealing? Prosecutor: No.

Shortly afterwards, prosecutor fainted, and, when he had recovered, the Magis-

trate asked him if he were wise in wasting his time, money and probably his health in such an action, when Mr. Brabant, S;M., ,had reported that it was not a case of forgery. AN ANIMATED DUEL.

The forgery charge was dismissed. Later on Mr. Mahony referred to the presence in Court of an Auckland solicitor, Mr. Pullen, and asked prosecutor if he were acting on legal advice. Prosecutor: I am acting on my own.

| Mr. Mahony: But Mr. Pullen has written me a threatening letter on your behalf. I have it here (opening a typewritten letter). It demands payment of £704 8s Bd, one item of the total amount being £250 for mental strain and worry caused 'by my alleged false statements made to Mr. Brabant, and the alternative is prosecution. The Magistrate (expressing surprise ): The alternative is prosecution? Mr. Mahony: Yes, your Worship.

The' Magistrate: Then it is your duty to forward that letter on to the proper authorities.

Mr. Mahony: That is so. The Magistrate: You see, Mr. Greenhead, the prosecution is round the other way now against tooth yourself and your solicitor.

Prosecutor: Just, so, sir, I am being accused. I accept the accustation. Before I can obtain damages in the Supreme Court I must prove the charges I make here.

The Magistrate (reading from the letter): It is a claim for* £704. The letter proceeds: "Mr. Greenhead is' quite determined to prosecute it (the claim), and states that he requires an early reply from you, in default of which he will personally prefer a charge against you in connection with'the document now alleged toy him to have been a forgery." To the prosecutor: Was this letter written toy your instructions? Prosecutor: Yss, your Worship. Mr. .Mahony: It is-Mr. Pullen's writing and, although he wrote it, he never came to see me or endeavored to communicate with me in any way. Mr. Pullen (rising): I have telephoned to Mr. Mahony; I have been round to his office, but he was out. Mr. Mahony (heatedly): Excuse me! You never came to see me.

Mr. Pullen: I have nothing whatever to do with the prosecution. Mr. Mahony (with warmth): No, you fire from liehind the hedge—that is the kind, of mah vo'u are. Mr. Pujlen'nh'tones of surprise): Mr. Mahony, 1" withdraw nothing, and take the whole of the responsibility. The Magistrate: You have involved Mr. Greenhead in a serious position, Mr. Pullen. However, you are not now before the Court—not at present. Mr. Mahony: But we will know about it later on.

The Magistrate: I. am afraid, Mr. Pullen, you don't fully realise the position. Mr. Pullen: Yes, I understand it perfectly—as well us you do yourself, your Worship. PROSECUTOR AGAIN COLLARSRS. Mr. Greenhead again collapsed suddenly, and fell heavily on the back of his head. Ho was carried from thu Court, but was able to return'' later. Upon Mr. Mahony'« suggestion, Mr. Cutten agreed to hear the remaining charge on Monday, but ho gave the prosecutor to distinctly understand that he would admit nothing in evidence that was not entirely relevant to the charge.