TWO BANK BOOKS.

Auckland Star, Volume LXVI, Issue 186, 8 August 1935, Page 8

TWO BANK BOOKS.

CLAIM BY WOMAN.

DEATHBED GIFT ALLEGED. EVIDENCE FOB DEFENCE. The action begun yesterday before Mr. Justice Callan, in which Elsie Pearse, married woman, claimed from the Public Trustee the recovery of £891 10/8, the amount to the credit of Michael Coughlan at the time of his death on December 18, 1934, was continued to-day. Plaintiff asserted that the bank books were a death-bed gift from the deceased to licr. The defence denied the gift. Mr. Schramm appeared for the plaintiff, and Mr. A. H. Johnstone, K.C., and with him Mr. Butler, for the Public Trustee.

Frederick Walter Page, called for the defence, said that since 1903, when he met Coughlan in Sydney, they had become great friends. Coughlan went to England in 1028. returning in 1931, and from then onward witness and Coughlan would meet twice a week regularly. When Coughlan became ill in October, 1933, he was then at 17, Pitt Street, and'hc sent for witness. Witness had never heard of Mrs. Pearse until after Coughlan's death, when she wrote to him. Coughlan kept his goods in two leather bags and his papers in the dressing table. About July or August last year witness came to Auckland from Morrinsville with some circulars about signals, and one of the circulars which had witness' name on it was placed by Coughlan in the smaller of the two leather bags, which was then locked.

Search of Belongings. About December 21 last witness heard that Coughlan was very ill in hospital, and he was just about to leave for Auckland when he received a letter from Mrs. Pearse. He had no knowledge of the envelope addressed to him, which was found in a drawer among deceased's belongings. On visiting the hospital witness was told that Coughlan was dead, and had been buried by Mrs. Pearse. whose address he was given. He then called upon Mrs. Pearee and told her he was supposed to look after Coughlan'e belongings, and that bis instructions were in one of the bags. Mrs. Pearse told him that all the small bag contained was the bank books, the passport and a birth certificate, and said fihe "could have fallen through the ground" when she saw the amount of money lying in the bank. She also said there were no instructions for witness. That night witness stayed at Mrs. Pearse's house, and saw Coughlan's effects there. She said they had been brought from Pitt Street, as Coughlan had intended to stav with her.

Witness said that later he asked Mrs. Pearse what was in the two bags. She unlocked and opened them, but there were nft documents in them. One bag contained only patches and neat bundles of clothing, and the other a piece of leather and a piece of string on a stick. Friendly With Coughlan. James Andrew Gorrie, company secretary, said he visited Coughlan at the hospital. On more than one occasion he saw Mrs. Pearse there. She seemed to be on very friendly terms with Coughlan and always went up and kisped him, which did not strike witness as strange considering the age of Coughlan. (Proceeding.)