THE MYERS CASE.

New Zealand Times, Volume LXIX, Issue 3737, 11 May 1899, Page 3

THE MYERS CASE.

CHARGES OF FORGERY. CASE FOR THE PROSECUTION. The hearing of the charges against Joseph Myers was continued in the Magistrate’s Court yesterday before Mr H. Byre Kenny, S.M., and Mr E., Arnold, J.‘P. Mr Stringer, with him Mr Wilford, appeared to prosecute, and Mr, Jellicoe to defend. Mr Stringer, when the Court resumed its hearing of the cases a few minutes after 10 a.ra., asked the Magistrate if he could see his way to allow the Aldous ■ case to bo re-opened. ■ Mr Kenny pointed out that the defendant had been committed for trial. Mr Stringer: As your Worship is aware there were insinuations, even direct charges, made against Mr Mills, in tho matter at the last moment. ‘ Mr Mills would like to give evidence in regard to them at once. Mr Kenny: I have never seen such a thing done after a defendant has been committed for trial. Mr Stringer: Of course, I saw the difficulties, but Mr Mills was anxious to give evidence. Mr Kenny : If you want to make a statement, Mr Stringer— Mr Stringer said that no doubt Mr Mills would have an opportunity of giving evidence in another place. , # ■ ! ' Mr Kenny : Well, perhaps this , will have the same effect. It will show thatMr Mills was willing and anxious to give evidence here. ’ • : ■ r THE FERNANDOS CAcB. Two informations were then read in which the defendant was charged with forging promissory notes, one tor £l2O and tho other for £65, both of which'purported to bo made by N. Fernandos. Thomas 1 Whitehouse, manager of the Te Aro Loan, Discount and Investment .Company, was the first witness called by the prosecution. Considerable difficulty was experienced in getting the witness to state what Myers said to him when ne brought a certain document to him 'on about the 3rd October,. 1898. : Witness eventually said he gave Myers an. old bill (which witness had previously discounted for him) in exchange for a new fone and \ an amount in cash. ; The old 'bill had Fornandos’s name on it. It was for a ■ rger amount i than the new, bill. The amount of the old bill was £2lO. ‘ In addition to the new bill which was for £l2O, Myers gave about £6O in cash, 1 < Mr Kenny: Do I understand that,,for £l7O you gave him'a bill for £210?.—Yes, so far as my memory goes. • He gave mo cash for the balance between the amounts of tho old and the new bill- ’ ■: Witness,, continuing, said that Myers told him Fernandos was a fishmonger on Lamhton quay. ' . , Cross-examined by Mr Jellicoe, witness said he was not aware he was protepdihg to be stupid that morning. Ho did not nave a good memory. With the .aid of glasses ho could see well. : . Down to the time of Myers leaving wore your transactions with him .always of a satisfactory nature ?—Yes.; , ■ ; Do you know Mr Jolm Mills at ; your office?—YeS. ’ Have you discounted his paper and Myers’s?,-—Yes. ) “ . . ■ Do you remember once . telling layers you rather objected to Mills’s paper f No, I 1 do not. • i , - Do you swear you did not * object to Mills’s paper and that the old paper must bo taken up ?—I won’t swear I did not, but I do not remember. Do-you remember Mills coming to'your private house one night ?—No, I do not. Will you swear ho did not come? —I don’t remember seeing him at the house. How often did he come to see you during last year and the year don’t suppose he came more than two. or, three times altogether. > Who usually brought his paper?-. Myers. ' . ■ . 1 Did Myers ever complain of the high rate of interest ?—No. . You know Fernandos’s signature, very., well?—I imagined so. I had'seep it a 1 good many times. . I had often seen it on cheques. ‘ i I suppose for that reason you made no inquiry about .the signatures ?—Yes. How many limes in October did layers see you?—l don’t know. . A good many times?—l often saw him. Whenever he came the conversation.was on business. I could not swear to any other conversation. , Do you know what day you are referring to'?—Only by the bill being dated the 3rd October. It might have, been a day or two before. I will swear it wtu; not after. I am sure it was not a week before. . . _ i Will you swear it was net-after r—iofi, because Myers’s practice was to do it on tho day or tho day before. I don’t know what day of tho week' it was or what time of the day. .. . •' .' ' ' You have no distinct recollection. qt the conversation at all?—No. ■ _ When Myors left was this bill due P Yes.; ■ . ‘i. ■ ■'- ■ 1 ■ ■ Did you say before the Official Assignee there were no bills hold by your company actually duo when you heard Myers had. loft, but that you held two of hia cheques and wore holding them -over at his request?—Yqs. - : • ~ Did you 1 also swear that the first Dill which fell due after ho disappeared whs Fernnndos’s P—No. . . You swear that you did notrr—lt, Ldm say sol iqadoa mistake. • ’ V When tho bijl became duo did you send Fernandos your Usual printed form ?—I wrote to him. ,■ ■■ ■ Did you swear to tho_ Official Assigueq that you gave him notice on .tho usual printed form?—That refers to anothar matter. What sort of letter did you .write -to Fernandos?—l wrote to him reminding him his bill for £l2O had fallen due on a certain date. Did Fernandos call to see your— xes. , Did you show him the hill?-—Yor* That was after Myors was reported in have left the oqlohy—two or three .days, after. I wrote to Fernandos after Myers left. I showed Fernandos the bill and looked at it for some time and finally sa;d it was not his signature. 1-still thougnt the bill was genuine; Ho. said he ban never signed but one bill for Myers and that was fot £IOO. i To Mr Stringer: Wlien he said.bofqre the Official Assignee that no, bills wep duo when Myers left he was making a misMr Jellicoe: He had a conversation with Mr Paul Goffey about becoming security tor the cost of, bringing Mycp Did vou suggest that it would - be as well to 'first see Mr Myers, sear.i and see what could ho got out of him ?--No. . Perhaps Mr Coffee suggested it to you ? —He asked me to gt> round to Mr Myers with him and I went. / - ; Mr Wilford objected to this line of argument, as not being relevant.- , ■ Mr Jellicoe assured the Bench that it was material, and ho was allowed to p.roCG Did Mr COffee, ho asked, tho witness, ask Mr Myers to settle your claim?—No, He said something about a possibility- m arriving at a settlement of the company s claim against Joseph Myers. _ ' - . Did you or Mr Coffee tell, Mr My erf. that the police wanted you to give seem: tv for £2OOP—No; i don’t remember it. . Did ho not say that if something cou.d lie done you would not give the security? —No. ' , You cot an answer that, you did not like?—We got an answer. , ’The mission was not a success:’ —No. And then you gave this security to the P °Nicholas Fernandos, fishmonger, .said the signatures on the promissory notes, produced wore not his. He authnnsq i Olio to sign ins name. i ’ / ; ‘ ’

Cross-examined by Mr Jellicoe, witness said he could not read in Bnglisn, he could only sign hia name. How many bids have you endorsed .or Myers?—l never endorsed bills to. Mv6rs< i How many bills have you ever signed for him?—l never signed bills Mr Stringer: You cashed bills ror Mvers ?—Yes, without interest. Mr Jellicoe: You’never have signri. your name for Myers’s accommodation f- - No. The bills were put in the bank a" cl I micht have put my name on the ba-.c I never signed any bills for Myers except those which I cashed myself. , f How many transactions were there ui that kind ?—One of £2O, one L7u one £45, and one £SO, and ho gave me £1 -u----terest, telling me to have a drink with it. The bill of £75 was renewed. You swear that those four bills were all your transactions with Myers?—Yes, to the best of my recollection. . Do you remember giving evidence before the Official Assignee? —ifDid you say “Mr Myers is not the onlj person for whoso accommodation I have endorsed bills” ?-Ycs. I meant discounting bills. I did not understand the dation of a friend would they be passed through your hooks? —If I accommodate a friend I make a note in my private book and not in my ordinary books. Did you say to the Official Assignee; “To the best of my recollection I backed no bills for anybody last year; I can t say positively” ?—To the best of my recollection I did not say “I can’t say posiyou a racing man? —What do you mean ? Do you wager?—xes. Have you ever had any racing transactions with Myers ? Ho used to send mo a wire about a “stiff one occasionally. (Laughter.) Ho used to send me the name of a horse to back and I used to Have you wagered with him P No, I never wagered with him. . • . With other people for him Yes. The evidence of witness taken betoro the Official Assignee was then put m and read by Mr Kenny. In xt he said he had endorsed bills for Joseph Myers and all of them wore paid. ■ He had never had any transactions with tho To Aro Loan ComPa Wrtness at this'stage wrote hisnamo on a sheet of paper with six different

P Mr Wilford: Had you any knowledge of a- proinmisory note being discounted athe Te Are Loan , Company with youi • name bn previous to November?—JNo. You remember going to Mr Whitehouse . after Myers went away ?—Yes. Did you toll him a lie?—No. I told himthe truth. , Q .r, W. H. Cook, secretary to the South Pacific Loan Company, said the promissory note for £65 was brought to him by Joseph Myers in October last. He'held at that time another promissory note d Mvers’s for £75. Myer»sfayo him £IU in cash and a new p.n., and witness gave up the old-bill. : ■ . . . To Mr Jellicoe : Before the Official Assignee he said ho had had previous trans - actions with Fernandos, that he knew his signature, and that ho had no hesitation in taking the promissory note. ; He also stated that after he heard Myers had lett he went to Fernandos; that was betoro the bill had. matured'. He showed I ernanclos the bill, arid.ho denied the signature. Witness told him he would have to take the responsibility for making that statement. He did not remember Fernandos making any reply. , E. Broad, ledger-keeper at the Bank of New Zealand, Wellington, said he was fainiliar with tho handwriting of accused and with the signature of Fernandos. The. body, of the two promissory notes woro*in thie handwriting of accused. He did hot think the signature on that for £l2O was in the handwriting of Fernandes. As to the endorsement on the other promissory note, if.it Fernandos s, it *was a very good-imitation. . To Mr Jellicoe: He could not form an opinion whether the signature on the bilLfor £65 was a genuine signature or Ifiqt. Ho did not think the signature on : the other bill was genuine. Bankers did not • usually discount accommodation hills; it was their practice to discount trade bills. ; „ , Sergeant Wright produced the warrants issued for the arrest of Myers. He took them with him to Monte video, where he found; accused in custody. The British Consul applied to the proper authorities for'extradition under the, treaty. Myers was brought up before a judge at Monte Video and an order,'was made surrendering; him' into witness’s custody on those This closed the case for the prosecution. Accused, who reserved his defence, was ' committed for trial on both charges. _ Bail was fixed as before—two sureties of £IOOO each.; . : ■ - ~ „,, ; Mr Stringer again applied to, call Mr J. Mills as a witness, and said provision was made for such a proceeding unde? section, 344 of the Criminal Code. _ , Hjs Worship saicll he would hear the 'evidence at 2.15 p.m, as Mr Mills was nob in attendance, but if it was not concluded that day someone else would have to take it. MR MILL’S EVIDENCE. When the Court resumed, after the luncheon ■■ adjournment ’. Mr Stringer called. ■ ■ • ’ Johp.P. W. Mills, who said ho was an ironmonger, residing in Wellingtqn. Ho knew .the, accused and had been' engaged with him. in,betting transactions. : Mr Wilford: Will■ you■ tell tho Court the last date on which you were connected with MyOrs in a betting transaction? — The last date on which I was concerned in a betting transaction was tho 25th May, 1897. It might have been with Myers. I cannot say. I was pretty frequently connected with Myers in betting transactions up to that date, ' Subsequently to the 25th May, 189/, did you have a settlement with Myers ? Yes. ; Since that date there has been a Ibaanco in my favour. : - Have you gone into accounts and fixed a balance?—Yes! I cannot give the date. ‘ 'WTiat was that balance P—l cannot give you tlie amount, but it has been in my favour aver since.

Have, you got any document in writing to show any ascertained balance between you ?—I have a cheque drawn by Joseph Myres on 16th September, 1898, for £3O. ' Was that given you on 16th September or previous to that date ?—lt was given as near as I can remember a month before that date. . . ; ; Have you since, receiving that cheque done any racing commissions for accused ? I—l have. Tho New Zealand Cup meeting last year was from 7the to 9th November. ' . . . i = What was the comhiission? —It might have been.a. month or two months before that date. Myors came and asked me to see, what money I could got about St. Paul ,for tho Now Zealand Cup. He wanted me to sen what monev and at ; hat price I could get on St. Paul from the bookmakers. He said it was for one of the Nathan’s, of-Auckland, and if it went round tho bookmakers would know Who it was for. . Where was St. Paul trained then ?—At Auckland.- ; Did you execute this commission ? He wanted-as much as lie could get at a low priejev 1? don’t know thnt bo stipuinted, any price, but the price I got was at hundreds to ten. - He told me to take all that was available at that price. ”h.; amount available was £250 m Wellington and £IOO in Auckland. : Did you agree to put this money ou for him • ; Mr Jellicoe,at this stage asked that ail witnesses-in the Aldous case should he ordered out of Court . He (Mr Jellicoe) might'hare to call some witnesses. ; His Woin.liip said if t hero has any prov-

pect of that ho must decline to take this evidence, and put it off to another day. The evidence could be taken just as well before another Justice. Mr Jellicoe said he had a right to asK for witnesses to be ordered out of Conic. He might ask that Mr Skerrett, for instance, should be recalled, and Mr Skerrett was now in Court. Mr Stringer submitted this was an independent inquiry, and Mr Jellicoe had. no right to make such an application. Mr Skerrett having given his evidence could remain in Court.

Mr Jellicoe said ho had seen Mr Skerrett speak to Mr Wilford while the latter was examining the witness. Mr Kenny: Will Mr Skerrett be called ?

Mr Stringer : No ; certainly not. Mr Jellicoe: I give notice that I shall call Mr Skerrett.

Mr Kenny: That is no ground lor ordering him out, and I shall not do it. Mr Wilford: Have you finished wasting time, Mr Jellicoe? Mr Jellicoe: Don’t; be impudervfc. Mr Wilford: That’s all you are doing. Mr Wilford (to witness):Did you receive the money from Myers for this commission ?—I did not. I put the money on for him. I took £350 to £35. Subsequently Myers gave me a post dated cheque for £35, dated November 14. , Was the cheque put in?—Yes, and returned “referred to drawer.” ■ That money has noyer been paid?— That is so.

Have you signed promissory notes with Myers?—l have. Have you since May 25, 1897, signed any bill for Myers’s acommodation or made any bill that Myers endorsed for you ?—No. Did Myers ever ask you to get Mr Skerrett to oblige you with hia name r —No.

Did you over go to Mr Skerrett and get any security from him which had anything to do with a transaction between you and Myers?—Never in my life. Before Mr Wilford asked witness questions about the cheque purporting to bo signed by C. P. Skerrett, witness was asked by - Mr Jellicoe to write tho words, “January 2nd, 1898,” and also “Received of C. P. Skerrett 248, three hundred and twelve pounds, (£31”). S C. P. Skerrett, Bank.” Witness wrote accordingly, and was then further questioned by Mr Wilford.

Now look at this cheque for £312 purporting to be signed by C. Wlien did you see tiiat cheque last?—l never saw it before.

Did you ever hand that cheque to Myers?—l did not.

Did you ever tell Myers that Skerrett had obliged you with his signature? I did not. I

Did you ever receive a blauk cheque from Myers to take to Mr Skerrett for his signature?—l never did. And if Myers had said he gave you a blank cheque, and thnt you returned with the cheque produced and said Skerrett had obliged you, what would yu; say?—lt is a lie.

Did you ever get any benefit from this cheque ?—I could not say. I\ have received money from Myers, but 7 of course I could not say whether it came from that cheque. I never saw it in my life before. ' To Mr Jellicoe: Mr-Skerrett was a personal friend of mine in 1897, and is so still.

Was Mr Myers to your knowledge in 1897 a friend of Mr Skerrett’s ?—He was an acquaintance. I don’t know that he was a friend. ’

Was Myers a friend of yours at that time?—l supposed he was. Did you ever'hear, in 1897 .that he had .any transactions whatever with Mr Skerrett?—l did not.

Had you transactions with Mr Skerrett in 1897?—I had. _ , In 1897 were you in financial difficulties?—Yes. They, were partly the result of wagering and borrowing money. Did you . make out a list of your liabilities in 1897?—I did. - Did you in that list distinguish between your liabilities for wagering and money borrowed?—l think so. I made a complete statement of what -.was owing to me, and what I owed. I cannot tell you what the liabilities for wagering or for money borrowed; amount ed to.

I understand you and Myers had been in the habit of doing what is known as “flying kites” ? I don’t understand the term. '

Have you been in, the habit of endorsing Myers’s paper and he endorsing yours?—l have. Sometimes .1 went and got it ’ discounted, and sometimes Myers—generally Myers, I think. We used to go to the loan offices. When Myers went andl discounted the papers we had a division of the proceeds. - What year - was - the - first transaction of that kind?—l- think 1895.

Did you keep a, record of these transactions’?—Until they were squared up, yes. You say there is still a balance owing to you?—That is so. - ■ .

Where is the;record? —The cheque. Where is the record that you kept? —I have no record now.

When did you ‘ destroy it P—l may have a memo, of what Myers owes me. Possibly I destroyed it when Myers gave me his cheque. Have you had ' monetary transactions with Mr Skerrett?—Yes.,

Have you borrowed money from him? —I have.

Have you given him any bills? —I have.

For how much? —-£107. When?—As near as I can tell you, on August 1. 1898. What was the currency of that hill?— Twelve months. Was that' a renewal of any previous bill?—No. Was it in payment of any cheques of vours that Mr Skerrett held?—No. What was it for?—lt was in payment of ah overdraft which! Mr Skerrett and others guaranteed for me at the ■ National Bank about a year previous. When you were in financial difficulties in 1897 was a loan raised ,by you at the .National Bank?—By myself, no. Bv yourself and others?—Yes. What was the amount p—£400. Who originally guaranteed it?—Mr Skerrett was one..

Who else?—ls it necessary for me to answer that? .

Mr Wilford: Why not ask if Myers was one?

Mr Kenny: Lot him write it down. Mr Jellicoe: I will be satisfied with that if I see what ho writes. Witness accordingly wrote the names on a slip of paper—those of Mr Skerrett and' three others.

Was there a previous loan of £4OO at the National Bank to which Myers was a party?—Yes. It was in Myers’s name. I endorsed a promissory note for that' amount.

Did not the hank manager tell you he wanted name in place of Mr Myers?—He did not. Was that loan paid off by the second loan of £4oo?—No. I discharged part of - the first £4OO, and part of it was'discharged by me with money received from Myers. Have you any record of your wagering transactions With Myers?—No complete record.

When was this lost loan of £4OO floated? —In July, 1897. I suppose it is still floating?—No, it has been discharged. By another loan, of £7so?—No. By another loan at- the National Bank?—No.

Was Mr Wylie a guarantor of yours? —Ho was a guarani ot of a portion of the first loan for Myers and myself. His'namo was either substituted or given in addition.

"Were you in the habit of receiving your letters at Mrs Aldous's shop?—l am not in the habit of it. I have received envelopes there, in most cases containing betting cards. I received communications there from bookmakers at Christchurch and Dunedin. How many times did you see Mr Skerrett in December, 1897 ?—I could not tell you. I have no idea. When did you first begin borrowing money from Mr Skerrett?—ln January, 1897. I borrowed £IOO, which was paid by cheque on the Bank of New South Wales.

Was that owing in 1898”?—I paid Mr Skerrett in full in July of the same year, out of the money borrowed from the National Bank, for which Mr Skorrett was a guarantor. Have you since May, 1897, executed commissions for other people?—On some occasions I have put money on for others, t When was the last time?—For Myers in the New Zealand Cup, 1898. When your friends guaranteed the loan of £4OO I suppose you gave your word you would not wager again?— Yes; I was not asked for it. Since then the wagers I have made have always been for someone else. What is your name in the betting world ? Is it not “Air Iron ?”——l have been known by that name. Since 1897 I believe Myers has executed commis sions for others.

You have perhaps wagered together each for someone else? —No. Have you paid Myers any money since 1897? —I think not. Possibly I may have sent him the proceeds of a commission. With regard to the last wager you made for Myers, to whom did you pay that £35? —Paterson Bros. £25, and II Blaikic, Auckland, £lO. How many wagers did you have with Paterson Bros, last year?—l have no idea. , , Was Paterson the only bookmaker you wagered with last year?—l really oont, know. .

Yes you do.—Probably there were others. You appear to have been engaged extensively in the commission business. Do you mean to tell me that all these wagers were on behalf of friends?—l do. Is that as true as the rest of your evidence.

Mr Stringer objected to this question as a gratuitous insult. Mr Kenny said ho had ■ frequently heard the question put in the Supreme Court before the Chief Justice, and it excited no comment.

Witness, in' answer to further questions, said he first went to the Te Aro Loan Company with Myers three or four years ago, and had been there two %or three times since. On one occasion he went to Mr Whitehouse’s residence at night to make a payment. He did not think he went there to negotiate. Was the Te Aro Loan Office the only one you frequented with Myers?—Most of the promissory notes Myers got discounted himself. Then you shared the money afterwards? It probably paid joint racing accounts?—Probably., What other loan offices did you go to with Myers?—l don’t remember going to any other loan office with Myers. I won’t swear I did not. I made the acquaintance of Mr Cook, of the South Pacific, but not with Myers, about three years ago. I know the Empire Loan Company. My paper is known there. T bjelieve : Myefils tried our paper at the Wellington Loan Company, and I believe he told me they would not take it.

Have you any idea of the number of bills you each signed, and the number discounted?—Possibly a dozen. Mr Jellicoe here put in the evidence of the witness given before the . Official Assignee. In this he said he knew a Mr McFarlane in the'Wairarapa. He had never had any transactions with him in his life. He could not say he remembered getting Myers to endorse a bill for £SOO for him. He never procured Myers’s signature to a bill of his for £SOO. The bills made by Myers and himself were at maturity either paid or renewed partly. He did not remember that after his name was objected to he got his paper endorsed by other people. He was not absolutely sure he did not give Myers paper to discount signed by other people. The Te Aro Loan Office was the only place they went to about the paper of; a third person. It wag a mining transaction. About April, 1897, he got a loan of £4OO from the National. Bank. The loan was got on the joint names of himself and Myers, and they each had part of it. He had had no monetary transactions with Mrs Aldous. Ho had received letters addressed to ■him : at her shop. On one or two occasions Myers asked him to bring his (Myers’s) letters from Mrs Aldous’s, and Myers had sometimes brought witness’s. His (witness’s) name in the betting world was Mr Irons. He never received letters addressed to him as Mr Irons that he kneik of.

Mr Wilford (to witness): You have seen the cheque for £3DO purporting to be signed by 0. P. Skerrett drawn on the Bank of New Zealand, and dated 2nd January, 1898. Did you on that date know in which bank Mr Skerrett kept his account ?—I have known almost ever since I knew Mr Skerrett that he banked at the Bank- of ' New South Wales. I only got the subpoena to attend before the Official Assignee the same morning that I was called to attend, and had no time to prepare myself. I was not represented by counsel, and when I mentioned that to Mr Ashcroft ho said I should have thought of that before. Mr Jellicoe: Did he not tell you you could ring up your solicitor then? —I believe he did. This concluded the proceedings, and the court adjourned at 4.55 p.m.