ASHBURTON—THURSDAY

Ashburton Guardian, Volume VII, Issue 1886, 6 July 1888, Page 3

ASHBURTON— THURSDAY

(Before Messrs H. FJodlsnder, D. Williamson and I>. Thomss) ALLEGED FALSE PRBTBKCKS Benjttnln Dcney, was charged on the Information of James Keir, minager for P. and D, Dunoan, with having by maanß of false representations obtained rapa-ra' to the valae of £10 6s 9 ' to a chaffoutter. — Me Parnell with Mr Cuthbertson appeared for the proaecatlon ; Mr Oayglll for the defence. After a oor s'derabls ampnot of dlsoasslon between the counsel engaged, as to the previous two Informations the ease proceeded. — Mr Parnell ■tited the o«se, the oharge being that a cheque for £6 drawn ( n the Bank of New Zealand, Rakaia, viaa not valaa as described by the defendant, and paid by defendant en account of repairs and material nßed on a riddle etc for a chuff cotter from P. and D. Duno«n, the case really amounting to a charge of passing a valueless cheque with intent to defraud. — The cheqde drawn by Druey for £6 was dishonored, the Bank at Rakaia having only a few shillings to his credit, and having previous^ refused payment of several Bma'l cheques drawn by the defendant. — James Keir, manager forPand D. Dnncan, gave evidence that he was m sole charge of their business m Aeh burton. Druey sent them a chaff ontter last May for repairs and alterations. He did not then know Druey, and th<y had not done any business together pre viously. A letter came with instructions m the first place, wh : oh was not rep'ied to. Druey came to the shop the day afterwards, and gave instructions verbally and wanted to know when the work would be finished. Witness oould not fix the time but wrote to Druey, telling him when to aend for the machine, and stating the cost as from £8 to £9, and it would :■ be necessary to send the money before the machine left the yards. The work was done as ordered. The totaJ value of the job was £10 5b 9J On 4th Jane a man came for the machine but witness refused delivery unless the money was paid for the repairs Dtu >y came about three hours afterwards and complained about not giving his man tha machine Ho admitted receiving witness' letter and said he did not think payment need be made for a day or two. Witness replied that as a stranger to him the work must be paid for before it went cat. Druey offered to leave the corecrusher as security, but witness said this waa not sufficient; and finally Druey offered to pay £6, and alao leave the corucrusher as security for tho balance and this was agreed to. Witneß3 valued the corn-crusher at £2 or £3 Druey gave a cheque for f.6, which was filed up by Keir at Druey'a wish, and then Druey took away the chaffcutter. The cheque was paid m to the XFnion B .nk, Ashburton, for collection on tho same day, and a notice of dishonor waa received from the bank. Next morniog witness wont and saw Druey at Fairfield, and showed him the notice, and he promised to make it right m Aahburton the same day. Witness saw him again about two days afterwards, and he said if the cheque was again presented it would be right, but the cheque wkb again dishonored and still remained unpaid.— Cross-examined by Mr Caygill : Druey claimed 25s as damages for detention of the machine for one day's work. He also complained of the charges made after action was taken agointt him by Duncans. The alterations made m tho cheque form were at Druey's request. — Ernest Simpson, ledger-keeper at Union Bank, Ashburton, gave evidence of the dishonor of the cheque on two occasion s — V. A. Pyke, agent of the Bank of New Zealand at Hakaia, gavo evidence of the cheque for £6 being dishonored by the bank. Druey's account was balanced off at the end of April. The reason the cheque was not paid was want of funds to pay it with Other cheques had been presented for payment after accused's account was closed m April. — Gross exatriued : By balancing the account he meant, when the two sideß of the books agreed Druey owed a small sum, which he paid to the ban-, and this closed the account. Money had been paid into Druey's account by other people. Druey told him he expected money paid mby Osborne. Druey had been m Rakaia tome years, and he bore a good character for hoaesty. Druey made arrangements with him tor overdraft, and when this was exceeded it was with his knowledge and consent, Druey was called on to pay up his account with the Bank, and did so. — This waa the caso for the prosecution. — Mr Oaygill argued that the base must fall through. Mbsars P. and D. Dunoan had no property m the chaffoutter and Druey could not, as waa sought to be made out, commit an offence regarding his own property.-— The Banoh ruled against Mr Oaygill, who then proceeded to open the owe for the defence, Btating that the evidence given by Mr Pyke showed that Druey had no means of knowing tho oheque would not be met, - John Robinson deposed that he lived at Lake Kllesmere and knew Druey and owed him money before June. Druey saw him about April and arranged with him to pay either by the mail or through the bank m about 6 weeks from that time. The amount was £5 5a and had bsen owlpg several months. — E, W. Osborne deposed that be was owing money to Druey at one time, bat when Druey spoke to him he did not think he was owing him any. Druey asked him for a few pounds as he was behind, and he oould fix It up when they went to Ohristohuroh. Draey asked him to pay £7 Into the bank for him when witness received payment of an account which had been promised him. By Mr Parnell: At this time witness* goods and chattels were under bill of sale to Mr McOonnell and other creditors were pressing him. Executions and judgment summonses were out against him, and he was unable t-> p&y them. One account was over £20 and another £§. If the money had been paid by him to Druey it wou'd have been only as a tetrporary loan on account of Mr McOonnell, Druey had dealings also with MoOonuell. — Mr Purnell replied to Mr Qay gill's defence and quoted from authorities to show that the drawing of the ohrque by Druey made the offenoa clear. — The Benoh decided to give the accused the benefit cf the doubt, and dismissed tbe case, though they thought be had sailed very oloae to the wind. The only thing waa that Druey, possibly, expected money paid into his credit at Rakaia. — Costs, were not allowed. The Court then rose.