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NIXON GRAY ACTION 1

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NIXON GRAY ACTION 1 The Case Settled This Morning CONTINUED FROM PAGE 2. told he was a young fool. Plaintiff further said that he paid his hotel bill as a rule by cheques. Sometimes he wrote out the cheque himself. but sometimes his hand was too shaky, and in that ca6e the cheque was written by the clerk or the manageress of the hotel Where he was living. Ilia gave John some I O U'e, but he did not remember the par- ticulars of 'hem. Your drinking was going on all this time? -yes. How did you pay for the horses you bought of John?—By cheque. Did you make them out yourself?—I made out some of them, and, perhaps, the book- keeper or Mr. John might make some out. Do you remember any case in which John Blade out the cheque himself ?—Yes. Have you made application to the bank for these cheques drawn with your account at the Metropolitan Bank?—I know applica- tion has been made for them. Mr. Thomas said that application ha.d been ttiade for the cheques, and a great bundle of them had been given, but they were all to Miss Grey; not one of them had to deal With the matter in question. Mr. Bowden: Did you continue liv- ) ing with the lady you mentioned? — i Only for a very short time after I knew John. How did your connection with her come to be broken off?-John said that l one night, when I was out late at the -100 .n.1,oL'l.. Alexandra Hotel, thaA tie saw som- come out of her bedroom. He said that some I)eopie at the hotel had seen this. Had John said anything to you about her before this?—Well, yes; he sort of run aer down. (Laughter.) Where did you go when you left Merthyr? -I went to the Corporation Hotel, and some of my furniture was taken there. What had become of it?—Some went to the form, and I believe some of it was sold. Did you give instructions for it to be soiu-? -John said it was no good letting it stop there. I don't know what became of it, Really. After your agreement to take the farm from Fraser did you buy any more horses from John?—Yes, but I cannot remember their names now. I paid for them by cheque taostly. When you drew the cheque did you fill up the counterfoil yourself?—I might try, but as a rule someone els6 Would fill it up for me. In May, 1900, do you remember giving John 4tri acceptance for £ 500?—No; I don't remem- ber it. Or one for £ 750?—No. Were you seeing Rees at all during this sum- merp Yes, at some of the hotels in Cardiff or somewhere about. It was in the evening, as a rule. Did he drink with you?—Yes. Sometimes at the Alexandra?—Yee. Further examined, witness said he remem- bered having a horse transaction with a horse- dealer at Market Harborough named Stokes. John and he were at some Midland show, and bad previously seen this horse, Bertram," at Richmond. Who arranged the price you were to give for it?-John and Stokes settled between them. daughter.) Who paid for it?—I did, by a cheque for either £ 1,000 or one thousand guineas. What became of the horse?—John bought it Ik&ok, and I think it eventually got into Mr. Cory 's hands. ? Besides the drinks at the hotels, were any I Brinks supplied to you at the farm?-yes, by ? John. I had wines, spirits, and beer; also cigars. Did the wine include champagne?—Yes. Wit- Bees also remembered a horse transaction With Captain Beatty. He knew he bought a horee, but could not remember any details about it, except that it was something like ''Bertram." John arranged the purchase. Head Affected by Drink By this time your drinking had very Seriously affected your head?—Yes. Can you give me any details abont the Settlement of your hotel bills?—I gave cheques for them, but I don't know the amounts. I know they were paid, and that is about all. Did John lend you money about this time?- sovereign here or there, but nothing to OI)eak of. He left word at the hotel that if I run out and wanted a "fiver" I could have A. Witness paid the expenses of the entries to tl1 shows. Later on the question of a part- nership was mentioned. Vihen did it crop up?—Cannot tell you the but it was in the early paxt of the year -ben the showing season commences. Did anything pass between you and John "hout it?—Only that it would be a good thing me, and I oouid leave him to look after it 9.t1.d show me what to do. Was anything said about what names the horses were to be shown in ?—We were going to ehow in our joint names. The question of part, llership was definitely broached in May or June. suggested buying the farm?—I had ^ased it first of all, and then Mr. John said that it would be a good investment and well "orth the money. Did the suggestion come from him in the iftrot place?—Yes. You are quite certain?—Quite certain about It. You agreed ultimately to buyP-Yes. Who settled the price?—Mr. John and Mr. ■^aser. Did you have any advice from anybody about it?—I had John's advice. nyone else's?—No. Witness said he bought that a valuation was made at the tillle. Mr. John told him so, and that the tltrm was well worth the money. He did not ^collect receiving a letter on the 24th of J'tJ.ly, 1900, about an acceptance of X750. Do you recollect having given an accep- tance for £ 750?—No. Who introduces you to Mr. H. Thomas, the ^foker?—Mr. John. We know that arrangements were made for the sale of the Nixon shares. Do you Ww who was going to buy them?—No; I \.ne", that the money was coming from Mr. Thomas. Did John go with you to see Mr. Thomas? -)res. now many times did you see him?—I don't tnember; twice or three times. Did you see him at all without John?- ROI; John was always with me. bid you make arrangements with Thomas bw the money he was to get you for the eba.3 was to be paid?—No, I don't remem- btr how it was to be paid. bo you know anything about the deposit fOr the farm you bought from Fra.ser ?-I 't remember. I know I bought it and 4id Fraser some money for it. bid you understand that any part of the °Bey that H. J. Thomas was to get 'ta.. to be paid to John ?-I know that John ld me just then that I owed him money. e said I was in his debt in some way or t.b.er ''a.s anything said about the solicitor who "I! to act for you ?—Mr. Morgan Rees was to Ct for me. Vho arranged that?-John. bid you see Rees by yourself without John? .o. bo you remember giving John an option taloo Tynycaeau Farm for you on leaase to buy it at a valuation?—No. bo you remember anything of the sort?- Nt. Do you remember giving him a document or .any document which gave him such an ^lion?—No. Right at the end he told me j *t he had a bill of sale on it. That is all emember. ° you remember endorsing a cheque for Sf<$ UI. 4d.?—j can't rem^jaber iW. tyat I know that I had several cheques at that time. Do you remember anything passing between you and John about that?-No. Mr. Thomas: I shall prove that this was paid into Mr. John's account as part of LI,700 the next day. Mr. Warmiugton: The endorsement on the cheque will show what it was. Mr. Thomas: I also propose obtaining the cheque, though we could do quite well with- out it. Mr. Rowden (to witness): Do you recollect drawing a cheque for self for £ 2,000 on the 20th of August?—No. Do you recollect giving John such a cheque and authorising him to receive the proceeds of it?-No, I don't remember. Further examined, witness said that he removed his banking account from the Metro- politan to the National Provincial Bank at the Bute Docks on John's advice. John said that it was very awkward to have a banking account at such a long distance from where one lived, and advised him to bank at his bank. He remembered signing several blank cheque after the new account was opened. He believed that they were for horees, or something like that. An I O U produced was in John's handwriting, but the initials at the foot were his. He did not know in vrhose writing the d¡>oo "July 20th, 1900," was. He remembered John telling him that to put the date on an T rendered it illegal. date an an 10 L JUDGE REFUSES AN ORDER I Mr. Abel Thomas asked his lordship to order that he should be allowed to see the whole of the ledgers referred to in the account with Gray, so that he could trace the items out. Re had asked for them over and* over again, and had not been able to see them. Mr. Justice Warrington said he could not make the order asked for. The hearing was again adjourned.

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