ALLEGED FRAUD BY MR. W. L. REES.

Poverty Bay Herald, Volume VI, Issue 908, 1 October 1879, Page 2

ALLEGED FRAUD BY MR. W. L. REES.

Bef of ethe information was read, Mr. Bees said he would like to have it made public that one of the sitting justices, Mr Flexman, had publicly stated that he (Mr. Bees) had offered him a bribe to give a verdict against Mr. B. Cooper m the recent case m which he (Mr. , Bees) appeared. He did not opject to Mr. Flexman sitting, but wished it to be publioly known that he was. at the present time complaining to the Government, and requesting that there should bean enquiry into Mr. Flexman's conduct. Mr. Flexman said that the statement | was utterly false. Mr. Bees said he did not desire to '< enter into argument, but merely to have it known that he had been making a complaint to the Government, as he was of opinion the roll of justices required purging. He was a barrister and solicitor of the Supreme Oourfc, and if he made false statements he was .. responsible to that Court. . ; Mr. Bees was then charged with that he William Lee Bees, did by false ' pretence cause to be delivered to one J. T. E. Bogan, a certain Banker's cheque for £50 sterling, bearing date the 26th day of August, 1879, and drawn on the manager of the Union Bank of Gisborne, and signed by the said William Lee Bees, for the use or benefit or on account of the said William Lee Bees with intent to defraud contrary to. the statute m such case made and provided, the same being an indictable offence. * * ' Messrs. Ward, jun., and Bromfield • appeared for the prosecution, and Mr. Bees defended himself. Mr. Ward, m opening the case, said he was m a somewhat painful position, inasmuch as the defendant and himself had always been friends, and although, it might be made out a reprisal case, he could state positively there was nothing of the Bort. The facts" of the case were simple —Some ten or twelve days ago Mr. Brassey negotiated the sale of a cheque of Mr. Bees' with Mr. Lawrence who purchrsed it at a discount of five per cent. It was understood the cheque was not to be presented immediately after being handed ovet. The cheque - when presented at the Bank was returned with the words "no account""on the back. Mr. Lawrence having spoken to him (Mr. Ward) about the matter, he wrote to Mr. Bees regarding the cheque. Subsequently he sent his father (Mr. Ward, sen.) to demand the - money, but received as a reply that' the cheque had already been paid. This he ascertained was not the case," and on informing Mr. Lawrence that gentleman decided on taking the present proceedings under 88th section of the " Laroeny Act." The learned counsel then proceeded to quote from a number of authorities to point out what constituted fraud, and after doing so stated that a cheque was a negotiable instrument liable to be handed from one person lo another, and when given there was a distinct understanding always existing that it should on presentation be paid. George Lawrence deposed : I am an . accountant, resident m Gisborne. I have seen the cheque produced 'before. Ido not recognize the hand writing. I bought the cheque from Mr. Brassey for £47 10. He said nothing at the time about not presenting it. It was from ten days to a fortnight old when I bought it. I sent it to be presented by Mr. Skipworth. Mr. Skipworth returned without the money. As there was no Besident Magistrate here, I could not sue, and I tried to have the cheque put up by auction. Subse* quently I handed the matter over to Mr. Ward, my solicitor. As I could get no satisfaction, I laid the present information. •'■';••• To Mr. Bees : I had a conversation with Mr. Brassey about the cheque. I wanted to get £5 knocked off it. I did not authorize Mr Ward to negotiate with Mr Brassey about the cheque. I heard m the town that Mr. Brassey held a cheque of yours. Mr Brassey came with the cheque to me without my sending any message or any thing. Ido not know whose writing the words "no account" is m. 1 do not recognise it. when Mr Skipworth brought the cheque back to me the words' 1 no account" were written on it. It was the first time I presented the cheque, though it must have been pretty often presented before, as the. Bank people said it had often been presented before. The words "no account " were written on the cheque when I got it from Mr. Brassey to the best of my belief. I mean, to say that I bought the cheque from Mr. Brassey, knowing that it had been presented and the words "no account " were written on it. I think Mr. Ward was present . when I got the cheque from Mr. Brassey. I did not ask Mr. .Ward whether a cheque presented the Bank and marked " no account " was of any use, as I was able to form an opinion myself. When I paid the £47 10s. I know that you had no account at the . Union Bank. I did not ask Mr. Brassey at that time the circumstances under which the cheque had been given. To the best of my recollection I did not give Mr. Ward, senr., the cheque to go to you to get the money. " Mr. Ward, may have come back with the cheque, and have told me that he had seen you, Messrs Brassey and Dufaur, but I do not recollect it. About a week ago Mr. Brassey told me the' circumstances under which the cheque was given. He told me you owed Mrs. Harrison £150 for a share m Kaiparo, and that you had gone away and forgot to leave a cheque for £50. Mr. Bogan wanted to send the money, to Mrs. Harrison, so Mr. Brassey said " I will give you my cheque, and when Mr. Bees comes back I will get,his." That was all that passed, there was nothing more, and then I suppose you gave the cheque. Mr. Brassey did not say he had given him the cheque. I did not authorize Mr. Ward, junr., to negotiate for the cheque. Mr. Ward was talking about it but I did the business myself. When Mr. Brassey handed me the cheque, I said I should have got more knocked off as it had been dishonored. Mr. Bees : Has it not been an object to get a cheque of mine with "no account " marked on it 1 Witness : No ; there are plenty of them. Witness withdrew this statement, saying that he meant promissory notes. Examination continued : I did not

mean to say that there are plenty of {Mmissory notes of yours with "no adjnit" written on them. I have no promissory noteß of yours. I have told Mr. Dufaur, Mr. Rogan's managing clerk, about this cheque. Ido not know if Mr. Ward has seen him. lam pretty certainJl have not told Mr. Ward]; the conversation wasn't very much, only about the dishonor of the cheque. The cheque, I believe was seen by Mr Wardin its present condition when I paid the money. I don't think I asked Mr. Dufaur to explain how the cheque was given. I don't believe he told me anything of the circumstances. I saw Mr. Rogan the day the information was laid before I laid it. Mr. Ward was talking with Mr. Rogan. I did not ask Mr. Rogan then, as the cheque was there to speak for itself. 'Mr. Rogan was to get the cheque and hand it to Mr. Brassey as payment for his (Mr. Brassey's) cheque. I made other enquiries before I laid an information against you under the " Larceny Act ;" that is, I asked Mr. Belharry if I could sue m Napier m the R.M. Court, but I made no other enquiries as to the circumstances under which the cheque was given. I contemplated takiug criminal proceedings immediately after getting tiie cheque, because I had no civil remedy here. I did not know that I could have got a twelve-day writ of the Supreme . Court issued. I did not ask my solicitor. I was told by Mr. Ward I could not have a summons issued from this Court, at least 1 could not have it tried. I did not ask Mr. Ward nor did he tell me that I could have had summary procedure m the Supreme Court. I am not bringing these proceedings to get my money, I can do that civilly. Mr. Rees : If, when you bought this cheque and saw that " No account" was written upon it, how were you deceived or defrauded 1 Witness : I was deceived or defrauded by paying my money and not getting it back. lam losing the interest. I told Mr. Dufaur I was going to take criminal proceedings unless the thing was paid. I told Mr. Ward and a good many people that also. Mr. Dufaur might have told me that he knew all the circumstances of this cheque, and that I could not bring a criminal action. I never before saw the letter produced. I got a letter from Mr. Dufaur on Saturday which I produce. I heard something about Mr. Ward getting one also, but I never saw it. (Here the letter was read, m which Mr. Dufaur explained that Mr. Rees had stated when giving^the cheque that he had no account m the Union Bank.) [Left sitting].