Evidence   for   Prosecution.
Oswald Norman Martin
not," and I treated it as a joke. About 9, fortnight after I
returned to the office I received another invitation to tea from
Major Armstrong. It would be about the Uth of November.
He persistently asked me to go to tea either at Mayfield or his
office, until about the beginning of December. I believe the 7th
of December was the last time he asked me to tea. I did not
accept any of his invitations.
By Mr. justice darling—You say he persistently asked you.
What do you mean by that exactly?—I mean he would ring me up
in the morning and speak about business, and then at the end he
would invariably say, " Will you come to tea with me this after-
noon and we can discuss this? " I would make some excuse and
say I could not go, and then he would ask me if I would go the
next day.
Examination continued—With regard to the sales, I wrote a
letter on the 6th of December asking for the return of the deposits.
The deposits paid to the defendant have never been returned.
The next invitation 1 got after that letter was, I believe, the next
day, the 7th of December. I was unable to go. I was busy and
could not go, and he rang up soon after five o'clock and said,
" Are you coming over to tea, which has been waiting for you
for over half an hour ? " I think it was from his office he tele-
phoned. I replied that ho had not mentioned tea the previous
day, and that I had had mine, but that I could go over at about
a quarter to six and discuss the business with him. He said,
" Oh, it did not matter, to-morrow would do, when I could have
a cup of tea with him at the same time/' which of course I refused
again. By the letter of 6th December I threatened to issue a writ
unless the deposits were paid by Monday,, the 12th December.
Nothing actually happened on the 112th as far as I remember. I
think it was on the following day I was served with a writ by
Major Armstrong against the two purchasers for whom I was
acting for specific performance. I think it was on the 12th that
he asked me to tea for tho last time, and I said I was staying with
Mr. and Mrs. Daviea in Hay, and I had arranged to go to tea
with them. He then asked me if I could put them off and go-
to tea with him. I replied that I was afraid I could not. I
think I had about twenty invitations to tea altogether. Arm-
strong's houHc was about a quarter of a mile or half a mile from
thtf town of Hay, and about three-quarters of a mile from my
house. Subsequently I took my tea down to the office m order to
have some ready exe-uso for not accepting his invitations. His
office is just opposite mine, on the opposite side of the road. Xt
wotild only have taken me a minute to go across. After I started
having tea in my office Major Armstrong started having tea in his
office, and he asked me over to tea*at his office. I told him I was
having tea at my office.
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