PICTURESQUE ATLAS CASES.

Wairarapa Daily Times, Volume XII, Issue 3972, 25 November 1891, Page 2

PICTURESQUE ATLAS CASES.

Further Prosecutions

In the Masterton KM. Court yesterday afternoon, before Messrs 13. Boys and T. E. I'rice, J.P's, a number of Picturesque Atlas cases were heard, Messrs C. A. Pown.ill and Skerrett appearing for the plaintiffs. Judgment wus given for the plaintiffs for £lO 10s and costs in an un defended case, Bowerman Bros, v A. Phil, of Dreyeiton, and for a similar amouut with costs in the case of Bowerman Bros, v John Mackay. In the case Bowerman Bros v Riddle, a cluini for £7, Mr Beard appeared for the defendant. Mr Skerrett, in opening the case, stated that the defendant, who was a storekeeper at the Taueru, had signed both a contract form and a list of patrons.

The evidence of Metcalf, the can-* vassing agent, which was taken at Christchurch.and the delivering agent, taken at Dunedin, was put in. William Riddle, called for the plaintiff, deposed : I bscame a subscriber to the Picturesque Atlas some months ago. I decline to sign my name in this Court. I have signed two documents, but not at the same time. I was waited upon by Mr Metcalf and agreed to take one number of the New Zealand volume. I only signed a piece of paper on which there were a number of names. There was no reading matter on the iorm. I only signed it to get rid of the fellow. I refuse to express an opinion on the signatures produced. MrSkenett: 1 shall insist upon your stating whether the signature I give you are in your opinion yours.

Mr Boys: I shall leave it to the discretion of the witness whether or not he answers. Mr Skerrett: Then I slnll ask the Clerk to take down my questions and the answers of the witness.

The Bench: Very well. Mr Skerrett (producing a piece of zinc in which there was a signature): Is this yoar signature ?

The witness: 1 decline to answer. Mr Skeirett: Will you answer my question ? I demand an answer. Mr Price: Then speak in a proper manner to the witness, Mr Skeirett, and not in a bullying style. Mr Skerrett: We all havo tempers ot our own. I wish to have an answer to the question. The witness: Then I decline to unswer.

Mr Sksrrett : I must abide by the ruling of the Court. But this is a strange proceeding for a Court of Justice.

Mr Boys : The Court has given its ruling. We do our duty, and we wish you to do yours, Mr Skerrett. The remarks made by you are not at all proper.

Mr Skerrett: 1 have a right to question the ruling of tee Court. The witness (continuing): The sig nature to the patron's list produced is not, in my opinion, mine. You are showing me so many signatures that I am not prepared to say what are or what are not mine. I did not sign the contract form produced. I will swear 1 did not. Ido not remember ever having had my name forged before. It might, have been. Mr Skerrett: But if your name has been forged, how is it you know nothing about it?

The witness: Well it might have been forged and lost. (Laughter).

Mr Skerrett: Are not th<* signa tures produced very much alike?

The witness: There is a likeness. But 1 do not want to have any more to say about it. Mr Skerrett: Oh, thero is, that's alright. The witness (continuing): I received fourteen numbers of the Picturesque Alias from Bowernian. I said, "Is tuis the lot ?" He replied, "It is." I then gave him a cheque for £8 10s. I have the fourteen numbers at home now, worse luck,

By Mr Beard : Metcalf came to ine at my store at the Taueru and asked me if I woald put my name to the list. I said I would not. He afterwards came in the back yard where we were all at work. He asked us again to sign, but we declined. He then commenced to swear. He said we could take one number, and that the work would come out in monthly numbers at five shillings I don't remember how he said it was to be delivered. I agreed to t*ke one uumber, as he said that if the first number did not suit us we need not take any more. I should say that the signaHues to the receipt and the patron's list are mine. Datiel M'lntyre deposed that he had delivered twenty-eight parts of the Atlas to the defendant. Mr Jager, who was with witness, put the numbers inside Riddle's door, but Kiddle put them out again. The defendant acknowledged his signature co the contract. This was the case for the plaintiff. For the defence Mr Beard submitted that the only question the Bench had to decide whs whether Metcalf or Riddle had perjured themselves. With the facts before them, the B'jnch would have little difficulty in discovering who was the perjurer. The witneso Metcalf was being paid fifteen per cent commission, and it was to his interest to swell the list of subscribers as much as possible. The man Metcalf had evidently been, travelling through the district for the purpose of perpetatiug a gross swindle.

George Townsend deposed that he remembeted the man Metcalf coming to them and asking them to subscribe. Witness said five shillings would not make or break them, and he agreed to sign if Riddle would. He signed the patron's list, and the numbers were to be delivered periodically at 5s each. Riddle only signed once to the knowledge of witness. By MrSkerrett : The signature to the contract produced did not appear to be that of Riddle.

Arthur Chamberlain deposed that Metcalf had told him that the Atlas was to be a New Zealand one, and there were to be twelve numbers at five shillings a number, one number or moie to be taken. He saw Riddle sign one paper only. Mr Skerrett, in addressing the Court, expressed a wish that the Bench would not be influenced by the popular feeling against the plaintiffs. He urged that the equity and good conscience clause of the Act should not be applied, as it was harsh and unfair. A decision tinder this clause hud never been given in this district, and he believed that had Colonel Roberts been on the Bench his friend would not have asl cd for such a decision. Ho urged that the Bench should not be influenced by personal motives. Mr Beard : In making the application I did, I had no consideration whatever for the Bench or who composed it. Mr Boys : The Bench knows you too well for that, Mr Beard. Mr Beard contended that his friead

spoke in absolute ignorance when he said theie had not been a decision under the rqnity clause in ihts district. He considered it disgraceful that his friend should impute pt'njpnal motives on the part of the Bench. He would like to point out that the plaintiffs had not produced a little of expert evidence, and he would therefore ask for a verdict for the defendants. The Bench reserved ifci decision till ten o'clock next day. On resuming this morning, Mr Boys said the Court hud gone very carefully through the evidence, ami had come to the conclusion that the plaintiffs had failed to establish their ease. The Bench were of opinion that the signature on the patron's list had been obtained by fraudulent misrepresentation, and th<tt the signature ou the contract was not that of Riddle. Judgment would therefore be given for the I defendant, with full costs.

An application for leave to appeal was refused by the Bench, Mr Boys stating that the evidence was quite clear and there was no ambiguity about it.

Mr Pownall applied that the hearing of the remaining cases be adjourned till next Court day for the convenience of himself and those concerned.

Mr Boys : But the witnesses for the defendants are hero.

Mr Pownall : Then does your Worship decide to hear the whole of the cases. If you do it will take till Wednesday next. Mr Beard was quite willing to continue sitting till Wednesday. He strongly objected, however, to an adjournment. Because the plaintiffs had received an adverse judgment they wished an adjournment. He trusted the Bench would not be trifled with m this way. Mr Boys : The Bench has decided to continue the hearing of the cases. Mr Rkerrptt urged that the Bench had no further jurisdiction, and quoted authorities in support of his contention.

After a denl of argument the Bench d. j cid id to adjourn the furthpr hearing of the cases till December 17th.