R.M. COURT.

Wairarapa Daily Times, Volume XII, Issue 3946, 23 October 1891, Page 2

R.M. COURT.

MASTERTON.—THURSDAY.

(Before Colonel Roberts, R.M.)

On resuming at two o'clock, John Graham, under cross-examination by Mr Pownall stated : I made no attempt to return the fourteen numbers when I discovered they wen not New Zealand. They are still in my house. Ido not remember having signed a receipt for the fourteen numbers. There has nothing come out in the evidenee to niak? me change my 3olemn conviction and belief that the contract was for the New Zealand parts only. It is also lny conviction and belief that the first signing of the contract was in pencil, bat after seeing the signatures produced my answer to them is to contend that t« the best of my knowledge and belief they are not mine. If I am coirect in my belief the signatures are forged, and if I am not correct the signatures •re mine. It is quite possible they are fac aimiles of mine, or even the real signature. When I went into the bank the clerk said he would I hesitate in saying the signature. wis not mine.

John Graham, junr., sworn, stated : I was present when Metcalf oame to my father's store, Metcalf came in and said, " Well, Mr Graham, have yon finally decided against the book ?" Mr Graham replied," I have; I have no interest in the other colonies to induce me to tak« the book." Mr Metcalf replied, " Then Mr Graham, won't you take New Zealand; its your adopted home and the home of your children, and its nice for young people to know their own oountry." Mr Graham answered, "If I could have New Zealand I might think of it." Mr Metcalf answered, "Certainly, Mr Graham, you can have New Zealand or any part of the book you wish." Mr Graham then consented to take the New Zealand parts. Met-* calf then produced bis book, and MiGraham went to the office to get a pen. Metcalf pulled a pencil out oi his pocket and said, **Thi3 will do Mr Graham." Mr Graham then picked up the pencil and wrote in the book. They talked for a tew minutes, and Metcalf walked away. Bundle came < some time afterwards and said, " I've called with the Atlas." Mr Graham said, "All right, how much is it?" The reply was, " Ten guineas." Mr Graham then said, " You must have made a mistake, I ouly ordered New Zealand." Bundle replied, " I don't know about your order, I have your signature here for the lot." I then left and returned again to put him out. (Laughter). This was all I saw. By Mr Pownall: I asked Rundle to leave, and he went out. i don't know whether he had called before. 1 did not see Mr Graham pay him. The pencil used by Metcalf was an indelible one. The signature produced may be Mr Graham's. I would not like to swear it is. I cannot swear to any of the signatures produced. I have not examined any parts of the Picturesque Atlas, excepting in the sale room.

Mr Pownall: Yoh were examining them here, I suppose, with a view to buying. The witness: They are only irorth threepence a piece, Mr Pownall: That depends upon the intelligence of the buyer. They might not be worth more to you. (Laughter). The witness: It is quite evident they are worth more to you. (Renewed laughter). By Mr Beard: I have no knowledge of Mr Graham signing any receipts. All I remember him signing was a contract.

By Mr Pownall: I cannot sweßr that the pencil banded to Mr Graham by Metcalf did not contain ink. Clarence Graham, sworn, deposed: I remember Metcalf calling at the store. Mr Graham refused to take the whole of his work, but agreed to take the New Zealand parts. When the agent came round Mr Graham refused to take the parts, stating that he had ordered the New Zealand only. Mr Graham did not acknowledge his signature to the order. By Mr Pownall: 1 could not say what transpired between my father and the ageut. I saw the twenty., eight parts returned to Mr Jager. Mr Beard: This is the whole of the evidence about the signatures. I will now call evidence regarding misrepresentations made to other persons.

Mr Pownall contended that this class of evidence could not be admitted, as it was not connected with the case before the Con,rt,

Mr Beard replied that evidence of this character had been admitted in other parts of the colony, Mr Pownall: That is a deliberate mis-statement, and my friend knows it.

Mr Beard: lam prepared to show that this evidence was admitted, and hare only to quote a case which came recently before Mr Robinson in Wellington to bear out this statement. Mr Pownall: That is the only case in the colony where it has been admitted.

A fter further argument His Worship dicided to admit the evidence. W. B. Ohennells, sworn, atated : I knew Mr Metcalf, He came to roe when he waa canvassing the Picturesque Atlas. He said 1 could take the Aths and pay for it at the rate of five shillings a month. He said it would be delivered monthly and I would uot be bound to take more than one unless I cared to. He said he had as subscribers the names of leading men in the distiict, mentioning the names of Messrs Lowes and lorns, Graham, &nd Nicol. I thought it would not hurt me and I signed an order tor forty-two parts. I -sked him to endorse the order, stating that I could knock off taking the books when I liked. Ho agreed to do this, but it was not done. I paid Mr Bundle £3 10s. Another agent named Jager came around and wanted £l. I told him I was not prepared to pay it. I agreed afterwards to take the bound volumes and gave bills extending over twelve months. Mr Pownall: That is not at the rate of five shillings a month t The wituss: No, I forgot alll about that. W. B. Buick deposed: I know Metcalf. I became a subscriber to the Piaturesque Atlas through his representations. He showed me a book which v>as to be published in monthly parts of five shillings a part. In any ;ase it would' not exceed

thirty—five shillings, and it would be delivered within two years. It was on the strength of this representation I took the work.

By Mr PowcaU : I took the bound volumes from the agent instead of the unbound. I knew it to be a swindle, but thinking it would be a warning to the children against book agents I took the bound lots so they would not be lost (laughter). I gave him a cheque of £5 and he then said, "There are two more paris" (laughter). I then found I had put my foot in the bucket and could not get out of paying for the lot (renewed laughter). lam not interested in the company now, but would like to see them get a drubbing (laughter). James Bently deposed that Metcalf had represented to him tLat the Atlas would be published monthly in five shilling parts, and would be obtain able from a local agent. He took it on these grounds. If he had known there were to be forty numbers he would not have taken it.

Jacob Matthews, a settler, deposed that an agent had come to him. At first he talked about potatoes and such like and then he came to books. He said ne had an agricultural book and asked him to tttke it at five shillings * year. He said it was to be delivered monthly. At this stage Mr Beard intimating that be had several other witnesses to call, the further Learing of the case was adjourned till Monday.