7

I.—2a.

102. In spite of the fact that she was attacked at the time by Warburton for a breach of trust ? —Quite so. 103. Would you be surprised to know that Mrs. Eose, through her solicitor, directly intimated that she was prepared to have this trust fund handed over in the ordinary way ? —She did not do it. 104. Here is a letter written a few days after Mr. Warburton had an interview with me, from myself, on behalf of Mrs. Eose, to Mr. T. K. Warburton. Letter read, as follows :—■ " Sib,— " Wellington, 27th February, 1889. " lie Mrs. Eose : I am informed that you have written a letter of complaint to the Post-master-General upon the matters recently referred to in your interview with me. lam surprised you should have taken this course without some further communication from me. When you informed me of-your alleged charges against Mrs. Eose I gave you distinctly to understand that I sheuld advise her to hand over all the letters and documents in her charge, and also relieve herself of the position of trustee for Miss Prince ; and I suggested to you that <if this was done it would be as well for you to take no further action in the matter. You left my office stating that you would consider this suggestion, and I plainly Understood from you that you would communicate your views before taking any further action in the matter. " I therefore obtained from Mrs. Eose the papers in connection with the matter with a view of handing them over. They are now in my possession, and lam prepared to transfer the trust and documents to any person whom Miss Prince may appoint. It is manifestly absurd that Mrs. Eose should continue to act as trustee for a person who desires to revoke the trust, and that she should give herself a great deal of trouble about matters which cannot personally be of any importance to her. You will therefore take this letter as a direct intimation that my client is ready and anxious to wash her hands of the whole matter. " I have avoided referring to that part of your letter to the Postmaster-General which contains charges against Mr. and Mrs. Eose, and for obvious reasons I shall refrain from advising my client to take any action in this respect until the complaints have been disposed of, so far as the department is concerned ; after that I shall be compelled to take some further notice of the gross charges which are contained in your letter, and which you have thought fit to make upon mere supposition. I was anxious that the matter should have been settled without further trouble, and I regret that, instead of meeting me half-way, you should have thought fit, after your interview with me, to take the course which you have done. " Yours, &c, " T. K. Warburton, Esq., Wellington Terrace." " Bell, Gully, and Izaed. 105. Were you aware that Mr. Warburton had that interview with me ?—Yes. 106. Was that letter communicated to you ? —Yes ; I read it all. 107. Was there any request made to me until a very recent date to hand over this fund?— No. 108. In fact, the whole matter was allowed to be dormant until the month of August, as far as you know? —No. 109. You suggest that there was a refusal to have this money handed over to you: do you suggest yourself that Mrs. Eose had any personal interest to herself in retaining this money?— She may have. 110. Do you suggest that she had any objection to handing it over herself?— She thought it ought to go to Miss Combs. 111. To Miss Combs, on behalf of the unfortunate widow of Mr. Livingston, who is in a lunatic asylum?— Yes; quite so. 112. Then, her object was that the money should go to this lunatic lady after your death?— She told me I ought not to have the money. 113. I want to know what motive you suggest as actuating Mrs. Eose in this business: you understand what I mean?—No, I do not. 114. What do you suppose she could get out of it ?—How can I answer that. 115. Do you suggest any selfish motive in detaining this money, or does all this charge of improper motive arise out of Warburton's imagination, or yours ?—You had better put that question to Mr. Warburton. 116. I want to know what you say: was there any improper motive ?—I think I answered that question before. 117. About this will: it is suggested in the correspondence that on your death she would become entitled? —So she would, because she was my trustee. 118. Do you think that was her object ? —I do not know what her object was. 119. In January she got you to make a will in favour of some one else?— Yes. 120. Was that the 9th or the 10th of January ? —I do not know when it was. 121. But it was in favour of some one else: do you think that was a selfish motive on her part ? —She was my trustee. 122. On the 10th January you and Mrs. Eose gave instructions that the will should be drawn up, which was done in favour of Miss Combs, as trustee for this unfortunate lunatic lady, who had to be supported somehow?— Mrs. Eose instructed you. 123. The will was executed by you?—l signed it. 124. How, then, could Mrs. Eose expect to get any benefit out of that for herself?—l tried to explain that to you. 125. Your trial was a failure ; but you say she would receive the money as your trustee : did Mr. Warburton give you that startling piece of information ? —No ; Mr. Warburton did not. 126. When you attended at my office, do you say this letter was not produced ?—I did not say so. 127. Was it produced ?—lt was. 128. It was read to you ?—Yes.