RAE V. GREENWAY.

Auckland Star, Volume XXII, Issue 139, 13 June 1891, Page 4

RAE V. GREENWAY.

A FOOL AND HIS MONEY. THE CONFIDENTIAL FRIEND. The Rae v. Greenway case was continued yesterday ab the Supreme Courb, before Hia Honor Mr Justice Conolly, and a special jury of four. It was thought that tbe evidence would be concludedlasb evening, but) such was nob tho case. The examination of Myer Goldwater wa» continued by Mr Cotber. You remember lending Greenway £80 on a note for £100? Yes. He came in and asked me if he could not have some money. I said, '* Yes." Ib was understood that he was ta get £80 for bhe £100. His Honor: Fivo and twenty per cent' for one month. Mr Cotter : Bub there are many cases where the money is lost altogether. Gre__nway's condition ab the time of this .ran* saction was perfectly sober; I had other transactions with him during the month. Bub I cannot bell how many unless I re* ferred to the p.n's. Cross-examined by Mr Cooper:— Who was with him on_ the 29fch No« vember ? " , Either Hitchens or Bowden. Was nob Hitchons always bhere when yoa did business with Greenway ? No, either Hibchens or Howden, What do you mean when you say it was understood thab Greenway was to geb £80 ? There was a prior arrangement with Greenway when Hitchena was present. You hold another bill for £170. Yes. Whab is ib for? : For jewellery. Second-hand jewellery ? Ib was jewellery in the shop. I don'_ know whether ib was second-hand or nob. Did nob your son supply bhis jowellery fco the girls ab Mary Bowen's ? He took jewellery there at Greenway'a request. Did you ever give Hitchens jewellery, or a commission? Do you remember an interview with Mr Aickin, in which Mr Aickin said to you, " Goldwater, are you lending money to Greenway ?" I couldn't recollect. Did not you say, "Oh, a little ?" I couldn't recollect. Did nob Mr Aickin say, " Have nothing to do wibh him, it will end in trouble?" And did he nob say thab Greenway was not in a fit sbate to do business ? He might have said so. About how much do you claim tha_ Greenway owes you ? Aboub £640 or £660. Have you nob discounted "Greenway'a p.n.'s when Greenway was nob present. I have for Hibchens. One was for £100 and I gave £80 for it. Hitchens' name was on the back. During October and November was not Greenway in your shop frequently when drunk ? I couldn't swear that he was or was no*jL I sold a diamond ring to him when a IsmW was present, but he was sober. It was Jf. fche evening and perhaps I did not take ?«.• ticular notice. W Did Greenway pawn h.3 watch with you? He did, but I don't remember the data lb was during these transactions. Was he sober then ? 1 don't know. I did not take ib. It may have been bho boy. Did you ever offer Bowden a commission to get a transfer of his bank shares ? Never. Did you ever take Greehway's signature to a p.n. after bhe money had been advanced ? On one occasion I had not enough money in bhe nouse, and next day Hitchens came for the balance. Re-examined by Mr Cotter : One question was pub by. Mr Cooper, " Will you swear that Greenway was not freqnently in your shop drunk?" Did you clearly understand that question ? ; I did nob vory well. M . His Honor : Your evidence was given in, a very peculiar tnanner. You seem to re-. collect nothing except whab suits. Yoa should understand. Mr Cotter : What are you, Mr Goldwater, by.birth? • '' A Pole. The question was again put, and witness said the only times Greenway came to hia shop was to do business with him and theu he wa3 sober. Once or twice he was hob sober and witness would not do business with him. By whose instructions did you pay thg balance spoken of to Hitchens"? By Green way's. CONFIDENTIAL ADVISER'S EVIDENCE. Henry Albert Holland Hitchens, who stated that he was a compounder o£ medicine, residing in Wellesley-street East, was next called by Mr Cotter. Mr Hitchens then deposed : I have known the defendent about 16 years. I have been his confidential adviser, and he has been living with me. Likewise all his privata and family matters and papers I have with me. Greenway gave bhem to me and lefb all in my hands. In November lasb Green* way was lodging in my place. I remember* w't-h d« ndajv* *o oteijnSiir_ p__c..s

The first occasion was the 24th November. I was requested by Mr Greenway to go, as lio required a sum of money. Rae lent Greenway money in my presence. Other occasions were the 23th and 29th, aud on all those occasions Greenway was quite capable of transacting business.

Do you remember any particular dates in December when transactions took place between Raa and Greenway ?

I remember one, tho 2nd Dec.mber, and he was sober. Bowden was nob present on any of tho occasions in November nor on December 2nd. Greenway told mc thab he had goo an overdraft) from the bank againob his lixed deposit, and ho said ho had d.a«rn during his August spree considerably upon it. I asked him where the money had gone. He said, " Ask Skipper Bowden or Folly Bolbwright. They can tell you." I said that I did not care about going, there ought to be no necessity for ib. " You have still moneys in tho bank and why nob draw ." He replied, " My brother-in-law, the colonel, is a friend Of the manager's, and I don't care about letting him "knew my business." I said " Whab will you require ." , He replied, thab he would require £160 or £170, but nob all at once, and that if he paid all the. peoplo off ab onco they would bo at him like wolves through Bowden. Partly by Greenway and partly by mo tho money was spent in paying ofl peoplo. 1 paid on Mr Greenway 3 personal instructions. W lien 1 paid money away and Greenway was not present, I had to get receipt for Greenway. When Greenwav was present a list ot names only was taken down. On tho morning of the 6th January, Mrs Page and Mrs McDonald called ab my rcsidenco at half past seven or eighb. I went by their request wibh thorn to Brewer's Lane to a brothel belonging to Bowden, Best, anc. Stanley. From that place in company with Greenway ..nd Mrs McDonald I went bo Rae's shop. We po. oub of Bowden s cab and went into the shop, and Greenway said, " Well, Mr Eae, I've como to redeem my promise of paying £100 a day till 1 pay you off. I'll give yoa £100 to-day." Mrs McDonald said, " But I want a hundred." Greenwav then turned round to Bowden, who had "driven the cab and had followed thorn into Rae's and said, " We -ball want £80 extra, you know what it's for." Then to Rae, "That is £350 which I'll have to draw. You draw oub the cheque, Rao, and I'll sign ib.'' P-ae drow oub the cheque and Greenway signed ib. Rae, Greenway and myself proceeded to the Union Bank. The cheque was presented by Greenway for marking and afterwards for payment. The notes were given out. Greenway then counted £200 and passed them to Rae. Ho then said, " You'd better take this," passing another £100. Prior to the departure of Rao and Greenway I left. I mot Mrs McDonald outsido and spoke to hor. Greenway, Rae and Hewson came cut.

At the time that Greenway was in Rae's office and in tho bank, whab was his condition ? . Oh, he was capable of transacting business. , . VVitnoas stated that ne, Greenway, and Hey.-son had some talk. together before the cheque was cashed. They were speaking about Masonic Lodge, matters. From the Bank we went to the Royal Mail. Greenway said, " You'd better come in, old man, and havo a liquor beforo we go and square ud with Mrs McDonald." Before we came out Haw son called me on ono side and wished to give back the £10 that Greenway had j;ive_n hire. 'Greenway refused .to take it, and Hewson suggested that I had better take it, I said, " I will not, you'd better take it. and pay him when you pay him the «£20." Wo then left, and Hewson went Jaw-ay. Tho rest of us went to Raa's shop, where we sab down, and Greonway said, "Has Mrs McDonald gob her money?" Bae said, '''You gavo me tho £300." I said, "That was nob the agreement. The agreement was thab Mrs McDonald should have £100." "Very well," Mr Eao said, "I'll have to give a cheque tor it." Ho drew out a cheque, went to the Bank, and brought back the monoy. He gavo it to Greenway, and the latter counted out to Mrs McDonald £100. < I said to Greenway, " You've got scmo money,, remember ' what you've gob to pay." -He nub his hands in hia pockets and found lie had none. I said, " You had £50 over just now. Whab havo you done wibh it?" ."Oil, Skipper knows what He's doing," •was Greenway's reply. Bowden was there. 'I said, "This money must be gob," because Greenway had promisod to pay certain account... He said, " Rae must lend us £10." I said "Why mot Skipper 5" Greenway then said, f'.'Oh, wa want that for another purpose." Hae, on being asked for the £10 said that was reducing his £200. Greenway said, *' Ras, I've paid you £200. Lab Hitchens liave the £10 to pay my account." I gob a .■cheque from Rae for the £10, or rather Bae gave it to Greonway, who passed it to me. We then loft. I forgot to mention that Mrs Hitchens was present in Baa's shop when we gob back from the bank.

You s&id that you kept Greenway's papers? Yes.

Had Greenway a cheque-book 1 Yea. His Honor asked whether the chequebook should be pub in. Mr Cooper said nob only did he wish that it should be put in, but that it should bo impounded with other papers. ) • His Honor said that if Greenway's counsel Bad no objection of course the cheque-book • j_nd papers would bo admitted. The witness objected thab he did nob wish to give up these papers to lose them. His Honor reminded Mr Cotter that this was a witnesß in reply, and it was nob wiso to introduce new matter. Mr Cotter : I apprehend I can call any evidence in rebuttal of the defence set Mr. Cooper : New matter cannot be introduced. Mr Cotter : Anything thab shows GreenWay's knowledge of these matters may be considered rebutting evidence. His Honor: Very well, bub Mr Cooper _hay wanb again to rebut any new matter that is introduced. Witness here at Mr Cotter's request produced a letter from Rae to Greenway, which was among Greenway's papers. Mr Cooper said the letter musb be traced So Greenway. ' Mr Cotter : Do you know if Greenway 'tiad that letter in his possession ? , He asked me to file it, and in consefifuence of receiving it he made the arrangement with Rae. A BIT BREEZY. His Honor : Ib is rather remarkablo that tho person calling himself tho confidental adviser of the defendant should be giving avidence on behalf of tho plaintiff. Mr Cottar : But your Honor—— His Honor : I will not havo my observations commented on. I have had too much 3>f ib, Mr Cotter. A letter from Mr Cave to Greenway, demanding payment on Rae's behalf, was also produced and put into Court, as was one of t-ae's monthly cards of payment. Can you say whose writing ia on tho ?ard? It is Greenway's, and the figures aro Greenway's. Mr Cooper first objected to the admission ft the card, but afterwards allowed it. He -jflid that hi 3 side had done everything possible to geb those papers, but Hitchens Would nob give them up. Mr Cotter : Your Honor will understand that ib i 3 nob my fault. Could I not have Subpoenaed any other party to produce the. c papers if they had been in the possession of that other party ? _ Mr Cooper : Vt'e have done everything 6-tort of taking legal proceedings to get

possession of those papers from the witI nes~. His Honor : It is THE MOST SCANDALOUS THING I ever heard of. 1 don't mean on tho part of Mr Rae, for all is fair in law I suppose, and he. has a right to produce all the evidence he can and get ib where ho can, I say the conduct of this person is simply scandalous. Mr Cotter : I am only Rae's counsel, and I am bound to do all I can for my client. His Honor: I don't blamo you or Roe, Mr Cotter. Mr Cooper : Neither do I. Mr Hitchens: Had I been subpoenaed by the ether sido, I should have produced the papers. Mr Cotter: Your Honor, you have said that the case is drifting into a peculiar position. I have felt it so myself. Bub charges have been made against Hitchens, and I want to rebut thab ovidonco. His Honor : I only wanted to poinb oub thab tho introduction of now matter would allow Mr Cooper to call new matter in reply.