23

I.—4a

168. He would not ask for a transfer to be passed unless he had paid the calls ?—-No, I should not think so. 169. And that is your reason for knowing what his intentions were ?—That is not the only reason, because I had correspondence with him about the same thing. 170. Have you got any of the correspondence ?—I may have, but I have not looked it up specially.. 171. You cannot tell me that that correspondence said that £25 was to pay the calls owing by Benjamin?—l cannot say definitely. 172. You have already sworn to certain intentions on Mr. Cook's part, and I want to get at your reason for knowing that those were his intentions ?—I knew Mr. Cook's intentions in regard to these transactions, because Benjamin came to me and said that Cook was going to take these shares, and wanted to know when. I told him that if Cook had said that he would take the shares from him he would do so. 173. That is not answering my question; you said that Cook would not ask to have the transfer put through unless he was prepared to pay the calls owing : is it not a fact that previous to this an attempt wa3 made to put that transfer through, but that the directors refused? —Yes; there was a request to put through the transfer previous to its being passed by myself, but in the meantime that £15 and £65 had been paid. 174. Did you see the share register when that transfer was being put through ? —Yes. 175. You looked it up?— Yes. 176. As a director, did you not see from the share register that Mr. Cook's intentions had not been given effect to, and that the £25 standing in the name of Benjamin had not been marked off? —Yes, I mentioned it at the time. 177. That the share register was wrong ?—That the transfer should be made from Benjamin. 178. It is your duty as a director to see that the share register is correct ?—Yes. 179. Did you ask to have it corrected ? —I mentioned the matter. 180. Did you put anything in the minutes to show this error had taken place ?—No ; I thought the fact of our passing the transfer would be sufficient. 181. And still leaving Benjamin liable on the books for £25 ?—The transfer was made to Cook —the shares are liable. 182. Does it not show that Benjamin still owes £25 on the books if you look up his account? —It does. 183. And if the company went into liquidation would he not have to pay ? —Yes, if he was put on the list of contributors ; but I take it he would have a very good defence against being put on the list of contributors. 184. I see there is an agreement from Bichard Wild to Cook for sale of the mine ?—Yes. 185. It is not marked as registered in the Warden's office : has there ever been a registered transfer of this company from Wild to Cook ?—I could not say. 186. Has there ever been a transfer from Wild to the company ? —I could not say. 187. Then, you do not know whether this claim at the present time belongs to the company or to Wild ?—lt belongs to the company. 188. Has any title ever been granted to it ?—Those matters have all been in the hands of the company's solicitor. 189. This document does not appear to have been registered in the Warden's office, where it would have to be registered in order to pass the title from the original grantee ?—ln that case I presume that Mr. Wild, or Mr. Cook, whoever holds the documents bearing on the claim, objected to complete the transaction unless they received the vendors' shares. 190. You presume that ?—Yes 191. Is there any evidence in your books to show that ?—I cannot say. 192. You say that no one connected with Cook and Gray had anything to do with the preparation of the articles of association of the company?—l would qualify that by saying that I believe that the acting-secretary would confer with the solicitor. 193. Would not the articles of association have to be signed before there could be a company ? —Certainly. 194. Then, it must have been done, not by the company, as you said, not by the secretary, for there could be uo secretary ?—There would be an interim secretary. 195. It must have been done by some one unconnected with the company itself—by the promoters ?—The articles were signed by seven intending shareholders, who each signed for one share. 196. Who promoted these companies? —Principally Mr. Cook. 197. But you said that Mr. Cook was not there, and had nothing to do with, the preparation of articles of association ?—As a matter of fact, I chink there were only about ten lots of shares in the company sold to people in Dunedin. I sold to five friends of mine. 198. Who sold the rest to form the company ?—Mr. Cook and other brokers, I suppose. Cook did not always sell them himself ; they were sometimes sold through other brokers. 199. Had Hoisted anything to do with the flotation of the company ?—I do not think so. 200. Then, I suppose that you and Cook would be the floaters of this company ? —No, I was not a floater of the Tucker Flat Company. 200 a. Then it was Cook, was it?— Yes; I understand that he employed other brokers to sell shares. 201. You say that some people told untruths to get out of paying their calls?— Yes. 202. Did you refer to Mr. Gray ?—No ; I referred to the statement made as to my proposing a resolution to increase the capital of the company. 203. It was said in evidence, at an earlier stage of this inquiry, that Mr. Gray, Cook's