THE CHARGE OF FALSE PRETENCES.

New Zealand Herald, Volume XXVI, Issue 9322, 27 March 1889, Page 6

THE CHARGE OF FALSE PRETENCES.

CASE AGAINST MR. MADDEN DISMISSED. Yesterday morning, before Dr. Giles, R.M., at the Police Court, Edward Hunt Jaggar and Charles Edward Madden were charged with having obtained the sum of £20 from Thomas Slater by false pretences. Mr. Brassey appeared on behalf of the accused. Mr. Thomas Slater, estate agent, deposed that the prisoners called at his office in Albert-street on the 31st January. Mr. Madden said he had a good client to introduce, and that the other defendant had come into a sum of money and wanted to borrow £10. Mr. Madden said the transaction would be likely to lead to future business if witness lent the money, and he (Madden) then showed witness a letter which purported to be signed by Mr. Culpan, of Hesketh and Richmond's office. Witness was certain that the letter was signed by Mr. Culpan. Mr. Brassey said that no letter signed by Mr. Culpan had ever boen presented to the witness.

Examination continued : The letter re-

quested Air. Jaggar to call at Hesketh and Richmond's office. Mr. Madden then showed witness another document which he said was a copy of a cablegram from London solicitors to Hesketh and Richmond, and the paper also contained what was said to be a reply to this cablegram. Mr. Brassey, in answer to the Bench, said he would not produce the original copies of these cablegrams. Examination continued : Jaggar was the person who was inquired about in this cablegram, and it was stated that from £12,000 to £14, had been left him. The purport of the reply was that Hesketh and Richmond had found Mr. Jaggar. Mr. Madden said that Mr. Jaggar had copied the cablegram from the original in Mr. Hesketh's office. Both of the accused called again on the following day, and produced Mr. Culpan's letter and the copies of the cablegrams. Witness was assured by Mr. Madden that the documents were perfectly right, and the latter stated that ho had been to the Law Library, and had found the names of the jLondon solicitors on the list. Witness then went out and got £10. When he came back Mr. Madden was not there, and ho gave the money to Jaguar. The prisoners came to him again on the 9th of February, when Jaggar said he wanted more money. Witness went out to get the money, and gave it to Jaggar ; when he (witness) came back with the money, Mr. Madden had gone. Jaggar gave witness a bill for £24, and he (Slater) told him to call again for the remaining £5, which was to make up the £20. On Wednesday, the loth, the prisoners again called at his office, and he was told that they had been waiting all the morning. They seemed vexed that he had not been there to run after them with the money. (Laughter.) Witness, when lie saw this, threw down he bill, and said, "I will see Edwin Hesketh before I advance any more money." Witness felt doubtful about, the whole matter, but Mr. Madden used his persuasive powers, saying that the documents were all right. If it had not been for Mr. Madden, he would not have given another shilling. Witness eventually gave the £5. On the Ist March Mr. and Mrs. Jaggar came to his office, and Mr. Jaggar asked for another £20. Witness told them to call on the following day, and when they had gone, he went down and saw Mr. Samuel Hesketh. Mr. and Mrs. Jaggar called again on the following day, and witness asked Jaguar to come down the street. They walked down Wyndham-streefc, and witness told Jaggar that? J 'Mr. Edwin Hesketh wanted to see him, and he had better come across with him. They were passing the archway below Hesketh and Richmond's office, when Jaggar went through beneath the arch and out through Phillipps' shop into Queen-street. Witness went into Hesketh and Richmond's office, and saw Mr. Madden ; and Mr. Stephen Hughes, who was interested in the matter, then came in and said he had seen Jaguar bolt up Queen-street. Witness, Madden, and Hughes went into Mr. Hesketh's office, and Mr. Hesketh told the latter two that he did not think their

hands were clean. Mr. Hughes made an explanation showing that he had been a victim, like witness. Mr. Madden also made an explanation, which did not satisfy Slater, and before they left Mr. liesketh said ho thought the whole thing was a fraud. Cross-examined : Mr. Madden led witness to understand that he was acting as Mr. Jaggar's solicitor. When they came to witness on the first occasion, the .'list of January, Mr. Madden said he had not seen the original cablegram, nor had he seen Mr. Heskoth in the matter. Witness was told by Mr. Madden that he (Slater) would not get any infer iation from Mr. Hesketh, who was acting for the trustees. Mr. Madden told witness lie had received only £1 out of Jaggar's £20. It was not upon witness' information, nor at his request, that the prisoners were arrested. Mr. T. H. Ivey, manager of the Bank of ><ew South Wales, deposed that on the 22: id of February he received from Mr. Hughes some pencil copies of cablegrams. J agger subsequently told witness that tho documents were copies of cablegrams which were in Mr. Hesketh's ofiiee.

Mr. E. Hesketh, solicitor, of the firm of Hesketh and Richmond, deposed that he had received from Mr. ivey the document produced, purporting to contain the copies of cablegram. Witness had never received such a cablegram as that mentioned in this document, nor had he sent the reply there stated. He did not know of any such firm of London solicitors as was mentioned in this document; nor did he know anything of the matter at all; ho had never heard of it until Mr. Ivey showed him the paper. Mr. Hesketh deposed to the interview he had in his office with Messrs. Hughes, Madden, and Jaggar. Mr. Madden then said he saw nothing in the matter to arouse his suspicion ; all he got out of it was a commission for the money obtained by Jaggar. Witness asked Madden and Hughes why they did not come to him and ask if the matter was genuine ; to this they replied that they had not thought it necessary. He had not seen Jaggar in the transaction at all.

Mr. William Culpan also gave evidence that he had never written a letter to Jaggar, nor had he written to Madden during the present year. Mr. Stephen E. Hughes, estate agent, deposed that Jaggar showed him the pencil copy of the supposed cablegrams, telling him that the originals were at the office of Messrs. Hesketh and Richmond. Witness subsequently gave the document to Mr. Ivey. Cross-examined : Witness had advanced money to Jaggar. His Worship said he did not think the evidence sustained the charge against Mr. Madden, who had told Mr. Slater that he had not seen Mr. Hesketh, nor had he seen the originals of the supposed cablegrams. Mr. Madden was therefore discharged from custody. Mr. Brassey said he would not call evidence in respect of the other prisoner. He had been instructed that by the end of the month news would be received which would show that Mr. Jaggar was entitled to the money ; but he would reserve his defence.

E. 11. Jaggar was then committed to stand his trial at the ensuing sessions of the Supreme Court. Bail was enlarged.