A BANKRUPT'S BOOKS

Southland Times, Issue 17427, 20 August 1913, Page 3

A BANKRUPT'S BOOKS

AND A LADY’S RACE WINNINGS. (Per United Press Association.) AUCKLAND, August IS. Proceedings in connection with the bankrupt estate of Wm. Monaghan were resumed before Mr Fisher (Official Assignee). William Monaghan, of Ellersiie, was adjudicated a bankrupt as the result of a petition lodged by Mrs Christina Danzey. who obtained judgment against him for £199 in the Supreme Court, as the outcome of an action for slander. Monaghan had refused to pay this claim, and said that he contested theclaim on the ground that lie held a mortgage of £6OO over two houses which the petitioning creditor was purchasing from him. and on which ho alleged the principle and interest were overdue. Mrs Danzey was represented by R. A. Singer, and J. R. London appeared for the bankrupt. Proceedings were wholly confined to the cross-examination of Mrs Danzey. who gave evidence with the object of substantiating her claim. She maintained that this was a bona fide one, and that she had made regular payments of £1 per week, together with the interest due. She stated that she had paid out moneys to Monaghan in excess of what was actually due. and that she had obtained these sums by betting on racehorses. Payments in excess of amounts due were made in December, January, June ami July, from moneys absolutely made on the racecourse. She had got tips from trainers. It was suggested that the first entry in the book produced was originally meant for £l. and had been converted into £6. This was denied by the petitioner, who said that it was meant for £l’. The Official Assignee ; It certainly looks as if it had been altered. Monaghan asked if the next dozen entries were not all altered, as the receipt was given at the same time, but petitioner answered that they were Monaghan's entries made on Monday mornings, and that her husband had seen the entries made. She explained that her husband had been at home on Monday mornings when he was ill or weather prevented him from going to work. She strenuously protested that every signature was Monaghan’s. "May I drop dead this minute if they aren't Monaghan s, she said. Site admitted that at that time bankrupt was drinking heavily, but he was always drinking. She further admitted that she had been convicted of theft, but said she could — Mr Lundon : Never mind about explanations now. I will explain to you— Witness: I will explain. You can’t hn vft fViirttrc nil vmir OWIT WaV.

When Monaghan was at Rotoroa, she continued, she had paid his solicitor, and when Monaghan came back to Ellersiie she had not gone on paying him, because he would not let her. Tite deed of mortgage provided for a fortnight’s grace only, and she had paid promptly. Mr Lundon : And the interest paid on May 6th last was paid promptly. Witness ; Y*es, I paid that out of tlie money I made at the Easter meeting. I am quite sure. Mr Lundon ; Then how is it that Barter’s receipt shows that that money was not paid until July ? Witness : It was paid on May 6. The Official Assignee : Oh. no. The date is quite clear. Why did you say it was paid on May G ? Witness : I don’t know.

Mr Lundon : It is bad enough to have been convicted of theft. It will be worse to be convicted of perjury. “Don’t you call me a thief," said the petitioner, angrily shaking her umbrella at Mr Lundon. Mr Lundon ; All these signatures are in Monaghan’s own writing ? Witness : They are: 1 can’t write myself.

Mr Lundon ; Now there is an entry of £22. AVlien did you pay that V Witness : You can sec for yourself. There it is. It is plain enough—December 23.

Mr Lundon : So you can read if you cannot write. Witness : I can write my own name. Mr Lundon : This £22 was paid out of your winnings at the Christmas meeting ? Witness : Yes. Mr Lundon then pointed out to witness that tlie Christmas meeting did not commence until after December 23. the date on which she stated she had made the payment.. Witness : You put tlie idea about the races into my head, Mr Lundon : So much for your yarn about winning at th" Christmas races. Your husband earns only £3 p.-r week, and your son 15s. and .vet you pay off £22 on Christmas Eve. Is it not a fact that you paid £2, and tin extra ”2" was tacked on ? Mr Fisher : It certainly looks to me as if the extra figures had been added on. Witness ; I swear on my bended Uncos that it is not so. Mr Lundon : Monaghan says that he was paid only £2, and that the letters " W.M." on the second receipt stamp are forged. Witness : It is not true. Mrs Danzey further stated that if she had not taken the book from Monaghan he would have signed lii.s name all the way down the page. Mr Lundon : And then you would write various amounts you claimed to have paid alongside (he signatures. Witness : The signatures tire genuine. Mr Singer said that tlie Assignee would get no further in this. Mr Fisher said that there were one or two things in connection with the receipt book that 1m did not like at all. Mr Singer : All of Monaghan's books are like that. Mr Fisher said that he felt inclined to let Mr .Monaghan take further action if he wished. Mr Singer pointed out (hat tlie bankrupt had already had three months, and his client had been compelled to wait long enough for the money. Monaghan would have to prove absolute fraud before he could .succeed against the petitioner. Mr Fisher stated that he would make no order for a week, and no date was fixed for toe resumption of proceedings. To this Mr Singer agreed.