A WELL-TO-DO BANKRUPT.

Auckland Star, Volume XLIV, Issue 196, 18 August 1913, Page 5

A WELL-TO-DO BANKRUPT.

I FIGHTS A COUNTER CLAIM. P-rTTTIONER SEVERELY CROSSEXAMINED, "A FAMOUS RACING LADY." THE MONAGHAN CASE. An unusur.l case wii—_k is engaging the attention of the Official Assignee proceeded a stage further this morning, when evidence was heard in regard to the estate of William Monaghan, of Ellerslie, who was adjudicated a bankrupt on the petition of Mrs. Christina Danzey, also of Ellerslie. At the first meeting of creditors, held a few days ago, it was announced that Monaghan was worth at least £10,000, and that his banking account .lone was in credit over £3000. His only creditor was Mrs. Danzey, who secured a verdict for £190 against him in the Supreme Court for slander, and forced him into the Bankruptcy Court in order to secure payment. Monaghan contested her claim before the Official Assignee, on the ground that he held a mortgage of £600 over two houses which Mrs. Danzey was purchasing from him, and on which principal and interest was alleged to be overdue. Mr. R. A. Singer appeared for Mrs. Danzey, and Mr. J. R. Lundon for Monaghan. This morning Mrs. Danzey gave evidence in support of her claim. This, she declared to be correct, and produced receipt books to prove that she had regularly made the stipulated payment of £1 per week to Monaghan, and paid interest at the rate of 5 per cent. More, in fact, had been paid than was actually due. Although she was only due to pay —1 per week, she had on one occasion paid as much as £22. This represented her winnings at the last Christmas meeting at Ellerslie. Mr. Singer: Mrs. Danzey is quite a famous racing lady. Mr. Lundon: Is there anyone who can substantiate your statements of money made at racing? Witness: Yes, one of the jurors who heard my case at the Supreme Court was at the races the same day; he was in with mc. Mr. Singer: Payments in excess of the required amount in December, January, June, and July represented money absolutely made at the racecourse?— Yes. Tne Official Assignee: You will soon become rich at this rate. Mr. Lundon: Where do you get your tips from—stable boys or jockeys? Witness: I get them from a trainer. Before Morraghan was sent to Rotoroa Island, you apparently backed no winners?— Yes I did, hut I wanted the money for other purposes. ( Now, take the first receipt in the book; lit was originally meant for £1, and has 1 been converted into £6.—lt is meant to be £1 only. I The Official Assignee: It certainly I looks as if it had been altered. J Mr. Singer: My client only claims it to represent £1. Mr. Lundon-. Take the next dozen entries; were they _ot put in as receipts at one and the same time?—No; they are Monagh—n's signatures, entered regularly every Monday morning. Did anyon/' see them entered?— Yes; my husband saw them entered. What time does Monaghan call on Monday morning for his payment?— Between 9 and 10.30 a.m. What does your husband earn? — He used to earn 10/4 per day on the drainage works. Now he is employed on the ■racecourse. How could he have been working on a drainage contract, and yet have been home at 10.30 every Monday morning?— He was not always home, but sometimes it may have been wet, and sometimes he may have been ill. You swear these signatures are Monaghan's? —May I drop dead this moment if they are not his signatures. At this time Monaghan was drinking a lot? —He is always drinking. Monaghan claimed that you were defrattding him of certain money? — The jirrv did not believe him. The jury consisted of four men. One, I you say, bets with you at Ellerslie. Was i not another your husband's boss on the drainage works? —No: he was a carter oh the same contract, You have been convicted of theft? — Yes; but . Never heed about explanations now — I will explain. You are not going tr. have everything your own way. When -Tonaghan was at Rotoroa, yoi paid his solicitor. Mr. Baxter. Why die you not go on paying Mr. Baxter afte i"Monagh_n came back? — Monagbai would not let mc. You paid Mr. Baxter interest and prin cipal regularly? —Yes. Yourdeecl of mortgage provided tha only a fortnight's grace would be al lowed? —Yes. And the interest due on May 6 last that was paid promptly?— Yes; I pai. that out of what 1 won at the Easte meeting. You are quite sure?— Yes, quite sun Then how is it that Mr. Baxter's re , eel.pt shows that the money was not pai until July:—lt was paid on May C. , The Official Assignee: Oh, no; the dat is quite clear. Mr. Lundon: A little knowledge is , dangerous thing. . • The Official Assignee: Wiry did you _a, it was paid on May 6? Witness: I don't know. Air Lundon: It is bad enough to ha v. been'convicted of theft; it w. 1 be n ■ finitclv worse to be convicted of je•}«* Witness (excitedly, shaking her urn brella at counsel) : Don't you call mc . th Ali these signatures are in Monaghan'own hand writing?-They are; I cannot write at all myseli. Now we come to this entry of £22 Wlien did you pay t_at?-See for your self; there'it is, plainly enough—Decern ber 25. Oh' so you can read, even if you can not write?—l can write my own name; that is all. And this £22 was paid out of you: winnings at the Christmas meeting?— Yes. Remember that perjury entans sever years' imprisonment. What you have Stated is quite untrue. The Christmas races did not commence until Boxing Day. December 26.—You put the idea about the races into my head. Now, listen.—l won't listen; I wont be bullied. . . So much for your yarn about winning at the Christmas races. Your husbanu earns £3 rer week, your son 15/ per week and you pay off £22 on Christmas Eve Now. is it not a fact that you paid £2. and that the extra "two" was tacked on?— No. The Official Assignee: It certainly looks to mc as though an extra figure had been added. Witneas: I swear —»-__v_-bended knees _J_t.it IS not Ma __J__-_-__--^S____^^^^^

Mr. Lundon: Monaghan declares that he was paid £2 only, and that the "W.M." on the second receipt stamp w forged. —It is not true. Be careful, because this matter igoing into the hands of the Crowu Prosecutor.—-What I say i_ true. Now tell mc why there are two stamps, each for a shilling, attached to this receipt for £22, and why they have been put on separately, so that one overlaps?— Because a two -billing stamp is necessary. Who told you so?—__• postmaster at Ellerslie. And you got them from __? —Xo, my husband got them. Why was he not at -work? —It was a wet day. We can easily find out from tho Museum if it was wet on the 23rd of December.—He may have been sick. Anyway, he was home. Let us take another signature—that of January 23. If that signature is Monafhan's it is the signature of a drunken man? —He was always drunk. I paid him £5 out of race money that day. And here he has signed his name twice to the one receipt?—So help mc God, he would write his name all the way down the page of the receipt book if I did not snatch it away from him. Just so, and then you would write in the various amounts you claimed to have paid alongside the various signatures. It is manifest that the man must at times have been almost too drunk to hold a pen?— The signatures are genuine. What about this payment of £10 on June 19—where did you get that? —On my bended knees, I swear that x! won that £10 on Toreador at the June meeting. At this stage Mr. Lundon left to attend another case at the Police Court, and Mr. Singer, who had heen absent for half an hour at the Supreme Court, returned. Mr. Singer suggested that the Assignee would never succeed in getting any further with his case. They could go on in this way until "Kingdom come." The Assignee: Mr. Lundon ha_ a counter-claim. Mr. Singer: Then let Mr. Lundon prove it. The Assignee: I have to make a reasonable examination. Mr. Singer: What more can be done? The Assignee: There are one or two things about this receipt book that I do not like at all. Mr. Singer: All Monaghan- books are like that. The Assignee: I feel inclined to give Monaghan time to take further proceedings if he so desires. Mr. Singer: He has already had three month 3. My client has been compelled to wait quite long enough for her money. It is grossly unfair to keep this going. He has to prove absolute fraud against this woman before he can succeed in his claim. The Assignee: Very well; I will make no order for a week. Mr. Singer: My client will regard that as satisfactory.