MONEY TO LEND

NZ Truth, Issue 608, 10 February 1917, Page 7

MONEY TO LEND

•""■'■. ■• :- ** ~ .' ' ' ' ' ' IS HARDEN A "SOFT-UN"? COURT CASE CONCERNING A COUPLE OF CHEQUES A Matter of Money from Masterton

Thomas Wilson and Robert Patrick Daley, were charged at the Wellington Magistrate's Court, before Mr. L. G. Reid, 8M n on Wednesday, "That on December 12, at Masterton, they uttered a cheque for £.4 8s 6d, signed, B. U. Harden, knowing It to be forged." , ; ■■ . ' ■■.■'■■. Detective-setrgeazit Cox prostecuted on behalf of» the police, the accused being represented by Mr. H. F. O'Leary. ■ ;; ; '' . Robert Usher Harden, the owner of the missing cheque, was the first witness called. He said he was a retired business Tn«>^. at present residing at a private hospital m Brougham-street On or about December 12 be went to Masterton and stayed at the Empire Hotel, kept by Mr. Thompson- Prom December 12 to 22 witness stayed there, »nd then had to ENTER A PRIVATE HOSPITAL, ' Some years ago witness had a severe nervous breakdown, and on account of it was occasionally unable to write his own signature. Hei therefore made it a practice to cany m his chequebook several forms already signed. Whilst staying at the hotel he had several of these signed' forms m his cheque-book. While there he did not authorise anyone to fill In two cbeqeesC one for £50 and, the other for £4$ tfs. On December 28, witness returned to Wellington. The next day he had occasion to go to his bank, and while there ne asked how his account stood. The balance supplied convinced witness that there was less to his credit than ought to have been. He then discovered that there were two cheques, one for £60 and the other for £48 6s, which had been drawn without his authority. Both of the cheques bore witness's signature, bat tfio body of the cheques were not In his handwriting. He did not give any person authority to do 80. As accused were only charged with tho tbeft of the £48 0b cheque, evidence was confined to this one only. Witness said that this cheque could only have been stolen from him. Cross-examined *■ by Mr. O'Leary, witness said h;e visited Masterton fairly frequently,- and usually stopped at the Empire Hotel, He had aeon both of the accused on previous occasions In Masterton. He understood they were boarders at thd hotel. On occaBioriM they might have got witness a bottle, of whisky. Ho suffered from insomnia and took whisky to make Mm sleep. Mr. O'Leary: You lend a fair imount of money on all kinds of so:uritle»?—Yos, when I get tho securities.

Have you ever lent money on chattel security m the Wairarapa? — Yes. I have securities there still. Is it your practice "when granting a loan to deduct your interest on a premium at the commencement?— lt is not my practice, but I may have done it . . ,■-■.'.....;■■.-. TO SUIT CLIENTS. Do you remember Daley and Wilson discussing with you that he had a horse on, which he wanted a loan? — No. Is it a fact that you sign cheques when you are going on an excessive drinking bout?— No. I disapprove of your statement. Witness added that to the best of his knowledge he only cashed one cheque for £20 while he was m Masterton. He bad paid another cheque of £2 to Mr. Thompson to get him a bottle of whisky. '„-..■-■■ Mr. CLeary: Then you were getting m such a state that you were prepared to even pay that amount? — No. '. „. ■ ' ' ; Did you not cash another cheque, made out m favor of a woman named Agnes Somebody-or-Ariother?— No, not that I remember. So you are m the habit of allowing somebody to fill m your cheques for you? — Yes, sometime*. You deny having made a loan to Daley? — No. You ended up m Masterton m a private hospital? — Yes. As a result of your drinking? — No, I find yon cannot get the same nourishment m a hotel as you can get m a hospital. Harold Thompson, land agent and manager of Empire Boardinghouse. Masterton, said he knew Robert Usher Harden, who had stayed at his boardingbouso m December 12 last. He know both the accused, who were also boarding at the Empire at the same time. Harden was SLIGHTLY UNDER THE INFLUENCE OF DRINK while he was staying there. He occupied a room on the second floor. Witness was m bis room several times, and on one occasion saw Hardon's cheque-book. Harden gave witness two cheques, one for £20 and another for £2. The^e witness filled In for Harden. Witness did not remember if there were other signed cheque forms In the book. He had never seen such signed cheque forms lying on tho floor of Hardens room, but had seen cheques filled m by other peroon» lying there. So far ias witness knew, neither of tho accused were m Harden' c room. In answer to Mr. O'Leary tho wltrieau said that ho could not say whether tho two accused wore at tho hotel during Hardon'H previous visits to Masterton. Why did Mr. Harden go to the private hospital? — Because ho was not feeling too well. j Wm It not duo to excessive drinkinflr? — Ho wn» fooling a bit shakoy. but I do not know If that waa Iho vcaHon. He him had to leave your hotel on prevtouß occaulona and go Into private hafpltal»?~-Ve» 1 I bollevo ho haa. Yon know ho lends money? — Yes. Hun no tern money to you?— You. on a poNt'ilatori choquo. i Mini iunount7— Up to £50. WVr« you charßdd inimeM on the loan? (witnoHn with ft amlto)— Oh. yen. Wan tho Interest deducted when you got th<* money ?— J don't rctnembor. When did you get tho taat loan from him?— On hln lost vi«U. 1 ffot £60— two entquea, on* fr.r £20 and ono for

1 £30. The first was 'his own cheque and the second was from another person. HaTden had no security other than the post-dated cheque, • Witness said the cheque that he saw lying, on the floor of Hardens room had fallen out of his purse. At one period I believe you had to turn a man out of your hotel named Mcllwane?— Yes, HE HAD BEEN. DRJNK3NG. Was he not, In your opinion, too friendly with Harden, and had you not found him m Hardens room? — No. I don't think so. Roney Paul, hairdresser, m the employ of Harry, Reid, M&sterton, said he knew the two accused by sight. In December last, just before Christmas, both of the accused came into the shop, and Daley asked if he would cash a cheque. Daley produced a 1 cheque for £48 6s, drawn on a Wei- t llngton bank. Daley gave witness the r cheque and sixpence exchange, which r was^pald into his employer's account, f He told Daley that the "boss" was 0 away and he would have . to wait till c the cheque had gone through the bank. a His "boss" returned the next day and t gave witness his own cheque for the j< amount, which witness cashed and E paid it to' the accused when the bank t had "o.k'd" Hardens cheque. i In answer to Mr. O'Leary, the wit- n ness said he knew that Harden lent a lot of money m Masterton, and be- j, lieved that his employer was one who r had obtained a loan. r George Augustus Greenwood, man- » ager of the Bank of New South Wales, j Masterton, gave formal evidence of f having put the cheques through his bank. r Constable McHolm, of the Upper j Hutt, said that on January 11 he ( arrested Daloy on the present charge y at Upper Hutt. When charged with v the offence he made no remark. „ To Mr. O'Leary: He was at Tren- t tham camp where he had been for fl some days. He t WAS STILL A SOLDIER. « Detective-sergeant Ward, of Napier, l said that lie arrested accused Wil- c son, at Walroa, on January 5. He „ 3aid that he and Daley were staying fl at the Empire Boardinghouse In Mas- f r terton, and that he had never cashed a cheque at all there. Also, he was J never present when anyone else had done so, and that he knew nothing x whatever about the matter. , Lawyer O'Leary submitted that the • case was one In which a Jury would fl not convict the accused; seeing that f the case relied almost wholly on the evidence of Harden, whoso condition t was quite obvioua, and it was not . thereforo necessary to comment further on it. It was apparent that dur- t . Ing Hardens sojourn m Masterton ho t had m his possession certain cheques c signed by himsejf, and It seemed that r ho was uncertain himself as to whe- t thor or not he gave out those cheques r to anyone. There was afso tho fact j that Harden was a money-lender, who j sometimes lent money without any , security whatever, as witness his t loan to Thompson. And yet Harden f had contended that he had never lont any money during his trip to Master- , c ton. His Worship reckoned that a prima ( facie case had been made out, as It c had not been shown that the accused had a right to the cheque at all. ! Mr. O'Leary said there was , A PERFECTLY GOOD DEFENCE, but ho preferred to reserve It until tho case reached tho Supremo Court. Accused pleaded not guilty, and were committed for trial to the Supreme Court. Ball was allowed. r . i