BALCLUTHA.

Clutha Leader, Volume V, Issue 212, 2 August 1878, Page 5

BALCLUTHA.

Wednesday, July 31, 1878. (Before E. H. Carew, Esq., R.M.) Doull v. Shand.— Claim, L 4 13s. Judgment by default for amount claimed, and costs 9s. , POIISB AND DoTJLL V. M'FARLANE. Claim, L3 5s 6d, for tolls overpaid. Mr Reid for plaintiffs, and Mr Henderson for defendant. Joseph Potter (of Potter and Doull): I have crossed the bridge daily for two years. Mr M'Farlane is toll-collector at Balclutha bridge. I have been charged twice daily for the same dray and horses. I have paid the amount claimed in excess of what I should have paid. Mr and Mrs M'Farlane demanded the tolls. I have demurred to pay since the beginning of this month, but I have paid under protest. By Mr Henderson; I paid monthly by agreement, but there was no agreement to pay two tolls a day. By his Worship: I paid voluntarily. . Mr Henderson submitted that plaintiffs having paid in- ignorance of the law were not entitled to recover. Mr Reid replied, quoting several cases where public officers exacting money under colour of the law had to refund it. Judgment wa3 given for defendant, but without costs. Mark, v. Kelly.— Claim, L 33 14s 3d. Mr Henderson for plaintiff. This" summons was returned not served, defer, lant being unknown in the Oamaru district ; the case was therefore struck out. Police v. John Thomas Thomson, alias Thomas John Thomson. — A charge of issuing a valueless cheque. Defendant admitted signing the cheque, but with no intent to defraud. David Dunn, bootmaker, Kaitangata,

sv.-or.~>, ■-.-' vted : I remember Monday, 29th July. I was at Kaitangata on that day, and saw accused, who came into my shop that morning. I never saw him before. I thought he came to do business with me. He asked if I had any spare money, as he wanted a cheque cashed. I said I had not much about me, and asked to see the cheque. He produced a cheque for HO, drawn on the Bank of New Zealand, Balclutha. The cheque now produced is the same. I looked at the cheque, and said I didn't know the signature, and that accused was an entire stranger to me, and that if he could get any person to identify him I would cash the cheque. He said he knew no one about Kaitangata, but the cheque was good value, |as he had plenty of money at the Bank. He didn't mention any particular Bank, but I took him to mean the Bank the cheque was drawn on. I said there were so many cases of valueless cheques that I was afraid to have anything to do with it. He still protested that the cheque was good, and that there was no danger of me getting the money for "t. He didn't want all the money; he had a little account to pay, and wished to get to his work, not to lose his job. He said he was a platelayer on the main line, and if I gave him some money on it to pay his way he would call on Saturday, and receive the balance. I gave him Ll, and he said he would return on Saturday for the balance when I had presented it at the Bank at Balclutha. I presented it at the Bank of New Zealand, Balclutha, on Monday, and the teller handed it back to me with "no account " marked on it. I then gave it to Sergeant Daly. The accused said: I had written to my brother at Green Island saying that I was short of money, and expected he would liars scat me some to the Bank of New Zealand, Balclutha. I have been drinking lately, and some one telegraphed to my brother not to send it as I was drinking. 1 only owe L2 in the district, including the Ll to Mr Dunn. Mr Cowie, teller in the Bank of New Zealand, Balclutha, sworn, said: I only know accused from his coming into the Bank on Saturday, when he asked me to cash -a cheque on the Bank of New Zeal-Mid, Dunedin. I declined unless he got the- endorsement of Mr Dunne or Mr Macdonald. I wrote out a cheque for L2O on the Colonial Bank, Balclutha, at his request. John Thomson has no account at the Bank of New Zealand, Balclutha. The writing on the back of the cheque produced is mine, and the cheque is valueless. He went into the Colonial Bank. Adam Orr Gilmour, hotelkeeper, Kaitangata, sworn, said: I saw accused last Sunday, when he stopped. all night. I never saw him before. A few niirrutes^ after he came he asked for a blank cheque" on the Bank of is ew Zealand. He filled it up in my presence. He asked me if I would cash the cheque, but I refused. Se. geant Daly, sworn, stated: On Monday 1 received information by telegram from Kaitangata that a person had obtained Ll on a LlO cheque. 1 arrested him at Stirring. Accused repeated hia previous statement. Mr Gilmore, re-called : The man appeared to have been drinking previously to coming to my place, but he only got drink from me on the Monday morning. He had no money, and told me so when he came to my place. His Worship took into consideration his previous good character, and sentenced liim to three mouths' imprisonment with hard labour in the Lawrence Gaol, there being no other prisoners there for him to mx with.