13

H.—44

Mary Edith Hill saitb, — 1 am widow of Walter James Hill, who was a solicitor, and was at one time partner with Mr". Mahony. Mr. Hill, myself, and family would go to Tβ Mauku just after Christmas Day, and were there six or seven weeks in 1898. Mr. Hill went often, but 1 only went once a year. We had a farm at Te Mauku. I suppose it was in 1898 that Mr. Greenhead came to the house. I think my third boy was about six months old, and he is ten years old now. 1 have no letters or anything to fix the date. Mr. Cossar was my co-executor, and has all the letters. Some of the children were going to school at the time. We would all go together to Te Mauku at Christmas time. 1 suppose it was in 19(K5 1 assigned all my right and interest to Griffiths, Arrowsmith's surviving executor. Mr. Cossar brought out an agreement and another paper, and later on he brought out a policy and a paper assigning it to Mr. Griffiths. Mr. Gritriths's signature was on it, and I signed my name. 1 thought it was a plain piece of paper, and that Mr. Grifliths's name was in the middle. 1 know I transferred the policy, but Ido not know the date. It was some time after the other matters, but I do not remember when. We did not stay at Mauku as late as the 15th March. Mr. Hill must have retired from business at that time. The signature " Walter James Hill " on deed of lease (Mahony's file) looks like Mr. Hill's signature. As far as I can say, the signature " Walter James Hill "on deed marked "A '' is Mr. Hill's signature. I cannot say whether the initialling of alterations on these documents was made by Mr. Hill. Mr. Hill frequently went to Mauku during the year for a week at a time. If Mr. Mahony says Mr. Hill went up about the sth of 6th April, 1898, 1 would not contradict him. Mr. Hill was thoroughly honourable and strict —everybody knows that. Mr. Hill had his own private room at Mr. Mahony's office, although he was out of practice. When 1 signed the policy Mr. Cossar was there. Miss Oggwood was there, but 1 did not ask her to witness my signature. Mi , . Mahony was not there. When the Court case was on, three papers were presented to me for my signature. Ido not know what was in them. Mr. Buddie went with me. It was before the case. Mr. Mahony said to me, "Are those your signatures V i did not want to say anything about the signatures. When you do not read things yourself it is best not to say anything. Mr. Buddie went with me on that occasion. I do not remember any other time when Mr. Mahony asked me about my signature. On this occasion Mr. Buddie looked over the documents, and said they were all right for me to sign, and there were two signed. I have no recollection of signing that policy when Mr. Buddie was present. They said it was down in Wellington. Mr. Buddie wrote out a paper, and said it was quite right for me to sign, but Ido not see that 1 had anything to apologize for. He said it would not be for publication, but only "to satisfy the-parties themselves." 1 remember those words. I did not see what I had to apologize for, excepting to save expense coming on the oflice. 1 have a copy of the apology. 1 remember there were two actions against Greenhead. When Mr. Buddie was there 1 was signing three conveyances. I do not remember signing some documents months before that occasion. 1 signed two documents and admitted my signatures to three others. 1 never remember ackowledging my signature on any other occasion. Mart E. Hill. Taken at Auckland, this 18th day of December, 1907, before me — Herbert W. Brabant, Stipendiary Magistrate. Edmund Mahony saith, — With regard to the documents on my file, they were prepared by the instructions of the late W. J. Hill, and they were all drafted by me personally. The instructions were given on the 4th April, 1898, and are shortly noted in my diary of that date, as follows : " C. H. Greenhead, W. J. Hill —To you. —Lease. —Ditto, you and W.J.H., agreement." [Diary produced.] I also kept an " Instruction-book No. 2 " [produced]. It contains an entry on the 4th April, 1898, a memo, of instructions received from Hill of a lease, him to Greenhead, and an agreement, Greenhead to him. Mr. Hill, then being out of practice, as far as possible influenced what business he could to the office, and was almost daily in the office, and occasionally used to visit the farm Titi for a little change and to assist in harvesting. At that time 1 knew the history of the Greenhead property, which had been mortgaged to Mr. William Arrowsmith, of Waiuku. Greenhead w r as a defaulter in paying his interest, and to save Arrowsmith worry with him he had transferred the mortgage to Mr. Hill merely as a matter of convenience; Mr. Hill subsequently exercising his power of sale through the Registrar and buying in. Subsequently, with concurrence of Mr. Arrowsmith, Mr. Hill decided on the arrangement embodied in the lease and agreement; but, in view of past experience with Greenhead as a mortgagor, a compulsory purchasing clause was inserted; the date of the termination of the lease on or before which that agreement to buy was to be carried out being regulated by the maturing of an endowment policy in the A.M.P. on the life of the lessee. When Mr. Hill gave me the instructions to prepare the documents which were finally engrossed, he informed me that he would be going to Titi in a few days, and would take them with him. Hβ also informed me that I was to see to my costs, and charge Greenhead in the ordinary way. As the practice with agreements then was almost invariably to use the adhesive stamps, and as I always keep a supply of all values I gave Mr. Hill before he left for Titi the documents and the stamps for the agreements. These documents were subsequently returned by Mr. Hill to me, and the handwriting and the dates of the two agreements is that of Mr. Hill. I had been familiar with his