THE PICTURESQUE ATLAS.

Wairarapa Daily Times, Volume XII, Issue 3950, 28 October 1891, Page 2

THE PICTURESQUE ATLAS.

Carterton Oases,

At the RM. Court, Carterton, yesterday, a number of subscribers to the Picturesque Atlas were sued by Messrs Bowerman Bros for various amounts, Messrs Skerrett and Pownall appearing for the plaintiffs. Iu the following cases the amount claimed was paid into Court : ThoraaS Price, claim £7 8s; E. H. Buckeridge claim £!' 5s ; .Joseph piamond, claim £'3 15s; John Qrant, claim £J. The case Bowermau Bros v Eli Strawbridge was pontested. Mr Beard appearing for the defendant, Evidence as to the agreement and delivery was given by William Rundle and Donald M'lntyre. The defendant deposed that the canvasser Met calf had represented that die Atlas was to be a New Zealand one, an I for the benefit of tho schools

He offered to subscribe one pound towards it, and signed the list. He did not sign the contract produced, and had never seen it before. He would swear that the signature on the contract produced was not his. Several witnesses deposed that they had b«en induced to subscribe to the Atlas by the false representation of the canvasser.

Mr Beard conteudad that plaintiffs should be nonsuited, as the signature had not been proved. The Bench upheld the contention, and a nonsuit was entered, with solicitor's fee, 21s,

Masterton Casta. In the Masterton 8..M Court tbia morning the case Bowerman Bros T E. £. Chamberlain was proceeded with. Thomas E. Chamb-rlain, sworn, stated that the «gent Rundle had called at his house with books on a cerain evening. Witness took the books, tendered a cheque for the same, and got a receipt. By Mr Pownali : Ho would think that the whole three Bignatures produced were those of his brother. By Mr Beard : I will not swear to the signature being bis. Mr Pownali aßked ptt .Mission to call rebutting evidence as to the signature.

Mr Beard objected, bnt the Bench decided to Lear the evidence.

H. H. Smith, manager of the Bank of Australasia, stated that Mr Chamberlain was one of his clients. In bis opinion the signature on the documents produced were those of Mr Chamberlain.

By Mr Beard: I would not swear that the signatures ure not forgeries.

Mr Skerrett addressed the Court at some length for the plaintiffs, reviewing the evidence and the case set up for the defence. He urged that the signature to the contract had been proved, and that there was absolutely no evidence of misrepresentation or fraud.

Mr Beard replied that the question of forgery had not been set up in this case. The onus of proof of signature rested with the plaintiffs, and he maintained that sufficient evidence of tho signature had not been given. The canvasser, Meicalf, had not been

put in the box by the plaintiffs, and he urged that the plaintiffs had purposely abstained from producing this witness. His Worship must presuma that the plaintiffs had an object in failing to produce Metcalf. The whole state of things had been misrepresented by Metcalf. His Worship announced that he would reserve bis decision in this case, to give it mature consideration, till the sth inst. The case Bowerman Bros, v F. P. Harrison, was then proceeded with. Frank Harrison, called by Mr Skerrett for the plaintiffs deposed : I reside on tha Upper Plain and am a sawmiller. The signature produced is not mine. The signature to the second document produced is not mine. I have no doubt whatever that either of the signature s on the documents are mine. The signatures are not written by me. I only signed one paper in connection with the Atlas. There is a peculiarity in the signature which is nob in the one produced. Tho F. and F. in the initials were joined. Sometimes I signed without joining the letters. The signature produced might be like mine, but I cannot write as well as that. I will say positively that the signature on document A, and the specimen signature (written by me) were not written by one person. The writiug in dooumeut Ais much better. I urn certain I did not sign the document produced marked B. I ordered one number of the work and signed my name once. Metcalf (the agent) first came to the mill about midday, and waited abou till lunch time. I told him I had been humbugged by book agents before, & did not want to have anything to do with him. Metcalf said there was no humbug about the work. Finally after lunch I was persuaded by another person to sign for the work. Metcalf said " you need not be afraid there is no have about it, and it is doubtful whether it will be published at all, unless there are sufficient subscribers." Metcalf saidjdistinctly " there is no have about it, if you do not like to take more than one number you can drop the book." When I signed the document (which was a list of subscribers)Mr Cade, Mrßentley and Mr Dagg were pvesent.

Mr Skerrett here produced another signature and asked Mr Harrison if it was his.

The witness: It is like my signature. I am thoroughly impressed that the "F. and D." in my signatuie to the document I did sign were joined. 1 may have subsequently signtd a receipt. I have no recollection of the matter. I will swear I did not sign the receipt produced. In the signature on the other document produced, the "H." and "K." are different. I have a doubt which is my signature on the various documents bocause I signed one document and you have half a dozen signatures. I recollect Mr Kundle calling on me and saying that he was the ngent for the Pictur- i esque Atlas, and had brought the numbers. I said " I suppose I shall have to take one." He said " I ha»e fourteen for you." I replied that I did not sign for further numbers. He replied " You have ; you signed a contract to take the work, und I sfyall expect you to take it.' He (Rundle) was very nice and pleasant, nothing unpleasant occurred between us. \ said "If I must take them how are they tq be deiirered ?" Bundle informed me I could take the puts bound or unbound- J elected to take tlje bgund volume. J{ot one word was said aoout the rest of the work. lam not positive I did not sign tbe receipt produced. At this stage the Court was adjourned until half past two o'clock.