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The Pamphlet Collection of Sir Robert Stout: Volume 71

III.—Hemi Tutoko's Case

III.—Hemi Tutoko's Case.

Hemi Tutoko owed William Cooper £45 15s 6d on a promissory note dated 30th July, 1880. He came down to Gisborne on 21st March, 1882, to sell his shares in this and another block to pay Cooper part of his debt then due. Cooper says that he and Hemi Tutoko went together to the office of Mr Goodie, who was purchasing these shares. Cooper waited outside while Hemi went inside for the purpose of selling, signing the deeds, and receiving his money. After a while Hemi came out and paid him (Cooper) £20 on account of his debt. Hemi Tutoko denies this statement, and his version is as follows:—He swears that his debt to Cooper was only £3 and not £47, and he say ij Cooper went in along with him to Good office, and that it was Cooper who rece that £3 and not he (Hemi). Hemi's ven of the facts appears to us to be untrue for following reasons:—Hemi knew at the t that the price of the shares was at least e for his wife signed her name next below! and he further admits that she received £10 in his presence, and that he again su his name below her name to signify assent as her husband. His daughter i sold her share at that time, and she [unclear: recti] £10 to his knowledge. Yet he now w that at that time he did not know the p of his own share, and that what he pi with it for was only £3 and that Cooper ceived that £3 from Goudie. Finally, a much cross-examination, he falsified all t particulars by giving a different version a "agreement with Cooper." He said I his agreement was "that Cooper should ceive £10 (not £3) and return him [unclear: (Has] £7." "But," said he, "I wont stick tot agreement now. I now want my laud ba Our conclusion from the evidence is I Hemi was paid his 623 purchase money f and fairly, and we shall certify this sa proper for validation.