LAW REPORTS.

Dominion, Volume 2, Issue 424, 5 February 1909, Page 7

LAW REPORTS.

SUPREME COURT,

CRIMINAL SESSIONS,

YESTERDAY'S PROCEEDINGS. I The oriminal sessions wero . rosumed . yes-1 tqrdaj', Mr. Justice Cooper taking his seat 1 at 10.30 o'clock. .1 SUCCUMBED TO SUDDEN TEMPTATION. I Jeffries George Kenneth Murfitt, a young juan, was charged witlv having, on August 10, at Napier, forged and uttered a registered letter and a bank draft for fSO.i-whioh !. were, intended for one Perc> A J. Murfet. A plea of "not guilty" was entered by prisoner,' who. was rot. represented by; counsel;- ■ Matthew Morland, who was registered letter olork 'at :tho: post office, at Napier, dCr posed that on the date in, question ft registered letter reached the office addressed "P. J, Murfitt."' Witness-resided at. tho same hotel as prisoner, whose Christian'names he did -not at that time Imow, When witness t<jld prisoner that there was a registered letter 'for "P, J. Murfitt," prisoner said it Would be for him.; 'Prisoner-signed, a receipt ; for theletter." 1 • • To the prisoner: Witness had seen him at thg post office for letters before the. date in question. As ,far as witness ltnev? • prisoner had never inquired -.for a. registered letter from Ilobarfc. witness stated that,the dot" ter. which was tlie subject;of the charge came from Launceston. Frank Brodie, teller at the-Bank of New South, Wales; Napior,' gave evidence concerning the circumstances under which prisoner obtained cash for tho bank draft. Prisoner signed hifi- nsme "Percy- J. Murfitt,'!'but when it was .pointed*. out to him : that the draft was payable to .."Percy J.,.Miirfetj". he Spelled his namo accordingly, remarking that the bank which had issued -the draft had made'a roiotako in' the' spelling of his name, ;J, .Simpson, liotel-keepor,. Napier, stated that at the -request of.: prisoner,', who was .in : his, employ;. he endorsed the draftl - - Witness never saw prisoner-afterwards. To prisoner rrlje was not required to. give: potiee.pf,bis intention to leave, his employ. Pgrey J, Murfet,'carpenter, - stated that ho formerly resided close to Launceston,- When he;wa§ at ; requested,the:.pavr jngs bank authorities in Tasmania to . forward him £30 by draff to Napier.' " r Detective Gibson deposed that he arrested prisoner'atChrjstchuroh on January.9; When he charged him with the offence prisoner denied all knowledge'of the affair. Two hours afterwards ho said that he .palled at-the post office at Napier, whero .ho ,was expecting to roceivo a loiter containing £2 ,01* £3, Ho signed for a-, letter, at the. post'office, there, When ho reached tho street.he found that, it. contained:a bank draft, whioh hecashed, .as he was hard up-., . ' Prisoner, m stated tbftt.early last year he was barman at. the Commercial Hotel,Auckland. Whilst ho was in that city he lent 'various sums of money aggregating £23 to a confectioner named Rodio, who promised to send tho amount -when he reached Hobart to Him .at Napieri When ho opened the .letterin question and. found a draft for £30 .-.lie thought tlint Rodie 'had sent him .ft few pounds extra: because -he. (prisoner) had' been good to him, . ;; ; . Vvv' '/• £■: ~• „ : "To/Mr.,Myers: At first ha Tiptruthfully tflld' thfl detective, that-he/ knew .nothing , the tranßactiony and that: Ho. had not been in Napier, for, five-.year's!; .Tho only way #'at< lie could account for Rodie■ putting, the surname ''Percv J." to'tho draft-was-that: Rodie-know he had a brother named Percy. r 'His Honour, in' summing up. intimated te the jury that they would not be iuptjfiod in ■ finding prispner! guilty, oh- the. poiint charging. him with having, dishonestly signet} tho receipt for the registered Jettpr. '-, -' , : . • Tho jury; -which retired at 12.10, returned I 12.18 with n. verdict of-gui\ty of havinn; fiirgod-'tlie on>the hank.,drafthand obtained.'the money; by *. weans .of, ! . theforced etnlnrsc'T.ent, • - 1 Apked -whether he ; had anything to say "why sentenco-.should .not ho passed on him,, prisoner: said: Nothing-whatever. • l' : have ;nc(r«lr l , ;pr!?yioii# occasion. -*' v His:-Honour: I shall requira thn -report ofthe'.probation /'officer-? beffir'o I PASS sentence.' I boliovo that yoiv oucoumbed ■ to :-suddon teriiritatign—that that is _tjie secret-of-the whole •; matter, ; As :I: want tp, 'knpiy .: gon»»>. thing of your'antecedents sentence will 1 he deferred until Monday. , , . "RECEIVED" STOLEN GOODS, AQOUSED BEGS FOR "FAIR PLAY." ; May Tanner, a'young woman, , pleaded not guilty to a. chargo of. hacing Qn D?pember ,17;) at. Wellington, .broken 'and entered;; the'dwellinghouse of' Arthur Carman and stolen itherefrom a : 'large of/household goods and personal effects, , ■ : AB prisonor was undefended by counsel, his Honour: proceeded to explain to her that sho had .'the;'vieW to challenge as many as. sjj; of the- persons. who : .would be nailed to act as jurors, -Prisoner, who paid kttle attention to tho advice : which was being proffered; . thought the word "challenges" was "charges." Said she: "Six charges against me? I don't know ho\v-many- there are, All l ast, for ie fair play," Pernio? Carman, - wife of , prosecutor,- who resides in Britomart Street, gave evidence that . she locked up tho house when she went out on the afternoon in question. When sho returned sho found that the : back door s had been burst in, and tho artioles onumerat&l in the ohargo had been stolen. Everything'had been recovered by the police, .with the exception of a small eruot, ■; v/; Joseph Metis, pawnbroker,, deposed that 'prisoner'had .pledged a ring ana a case of apbons- (produced) at his establishment..:' '. Datectivo Andrews statod that a man named Hohrickson, with whom prisoner had lived, i had been sentenced in: conneotion with the orimo. Wjtneas found the articles fn question in the house occupied-,by;th.em.When; charged with tho offence at tho. police station prisoner stated that. she, had had; the i property in hor possession for about twelve mouths. Subsequently witness made a. statement,' in the ecnirso of whioh sho asserted that tho goods had been givon to hor. by Henrickson, Prisoner gave evidonce on hor own behalf. She .declared-that sho did not know the.goods had been stolen—knew.; no . more about.. the crime, than an unborn child. From tho time of her arrest she had had no chanco to ;■ defend ' herself, against the charge. There were several police against her; she/had no one on .'hor side. "What I want is fair , His Honour: You will got fair play. : ■ Prisoner: I hope I dol ; : Continuing,-sho said tho police had never given hor a fair chanco. For instance, when Bhe l wont down Lambton Quay ono day for .butcher's meat.she was arrested for drunken* n?ss. (Laughter.) • Then again, when she' wanted a lawyer the Crown would not give her one. If she had known tho goods had been stolen she -would not bavo accepted them. 1 -■ ; .' ' V ,' .' - -

Eis Honour, in summing up, anid there was 'no evidence against the woman on the cha.rge of breaking and entering: . .• The jury, which retired at 12.55, returned at 1;5 with a verdict 01 guilty of receiving the goods, knowing them to liave been dishonestly obtained. % A SIMILAR OFI'ENGE. " The same accused was then: indicted for that she did on December 3, at Wellington, break and enter the dwollihghouse of Chsrlea Durao, and steal therefrom a quantity of goods and chattels. I'risoncr, who was undefended, pleaded not guilty.' ' , . Sarah Jano Durae, wifo'of tho prosecutor, w)io resides in - Roy street, deposed that on the afternoon in question sho was absent from the houso. When . she returned , sho ■ found that tho back door had- been forced and tbo place ransacked, Maurice Maris, managor for M. Fruhauf, pawnbroker, gavo evidence that, prisoner had pledged a brooch (produced) at tho establishment. James John Prater, second-hand dealer, deposed that: prisoner, who was accompanied by a man named Henriekson, sold a clock (proi'uoeii) to hiia.

Dotectivo Andrews cavo evidence 'as to finding the stolen articles at the house.occupied by Henrickson and prisoner. In connection with tho samo oifenco Henrickson, who had pleaded guilty, was now serving a term of imprisonment, , ; '. . Asked whether she wished to give evidence prisoner said she could easily clear herself, but there was no one to assist her. She was absolutely innocent .of the charge. : His Honour, directed the jury that they could not- find prisoner guilty of having actuallybroken into tho house, • The jury, without : leaving the bos, found prisoner guilty of having received the goods, knowing ..them to have been dishonestly obtained. • ' ;, '■

His' Honour said the woman had been leading an immoral life. She had been fpuiul Jn possession of the stolen goods. It was quite elcar that she . had no part in the robbery. As lie believed she had acted under the influence 'of tho man with whom she had boon living, ho would pass only a lenient sentence. He ordered her to be imprisonod for six months on each ohargo, the.sentences to bo concurrent.■' ■ ■ '/. . "I think it will do you good to have a little dispiplinp," added his Honour. .- , Prisoner left the dcolc expostulating. STORY OF A FORQED CHEQUE. TRIAL OF EDWARD, JOHN SEARL. ACCUSED FOUND GUILTY, T'nero were unusual features in the case brought against Kdward John Sear], .ft middle-aged man, who was charged with having forged a cheque purporting .to ;be drawn by W. T. Gilbert on the Bank of Aijstralaßin at Napier for £7, ml payable to E. l'ointon and h. Searle,. aiid'also with having:.uttered tho cheque as if it were genuine. . Prisoner, who was represented by Mr. ■•■'Wil-1 ford, denied tho charge, ■ : The jury. :was / empanelled J, D, Slater (foreman), A, 11 Chalker, <J< Ham", mouci, W, A; House, R. 'L, Martin, C. Turner,'W; Meston, J.-O..Allen, F. P. 11 Cameron, F. 31. Smyth, • W. i'. Penny, and 'Chas. Jioddcr.

• CASE FOR THE CROWN. John N, Kingdon,, settlerj Lower Hutt, said ho was the owner of certain property iii.WiUls Street, whioh- was in;- September. Jast rented to Mrs. Searl; About that dateiTent totslling between £40 and £60 was owing. "When witnesstasked for- a payment.on'.apcoun-t w,the rent prisoner said ho had. a cheque which .re-, quired to be endorsed. On tho following uUV : tlie oheqne' was, handed- to:-hinv: by .'prisoner.. When the oheqiie : was - handed to him witness had no reason'to : believ© that it was npt ft genuino instrument. ' ' To Mr. Wilford: As "the cbequo was, endorsed only, by L, Searle ho' never presented ■it. at the.bank, nor did he give a receipt for. tho amount, He was not pressing prisoner for money at tlio tipio. • '. "■ Reroxaminedi' witnoss sai(l;;tbat- he knew shortly afterwards that the Searls were trying to dispose,of their-.business.> /William, T. shepherd, yGishorne,; stated that ■he was: a b t *other-in*law' of priAbout six years ago he was an : hotolkeepor at Makotuku. Ho never had any _ao-, count on the Bank of-Australasia at Napier. The signature ou a cheque-prpduced. was'net made by him, nor did -he over authorise any o'nb to sign :.nis name to, the-cheque,-ness had neither seen'nor communicated with prisoner during the,past four-years;, PROSECUTOR CROSS-EXAMINED. • -To Mr.' Wilfordi His .wife.usually,did,his writing for him.At' ono ho -had: an account on the Bank of New South Wales at Napier... Ho had; assisted prisoner; finanpifllly on ' If pi'iponsr: had .a§ksu him for £7 in September he would have given it to him.'/, x, -n-'V/'-V If that cheque . had been on the Bank of :New South Wales,..would you have honoured; it ?—This question; was pbjected to; by, tho Crown. ■'i-;-- ;-',;- \ •' Do you romomber coming;to Wellington about-four, years sgo?-*Yes.h;- ■. ; 'v■;; w On t'aat?occasion you tell;hini that;it ho were over stuck ho-cpuld draw on yoU'~~ I told him that if o>-cr he wero . stuck I would assist and help him. -, t ■ -Did-you recOivo a'telegram from prisoner ?n •September last,?— No.' \ '-' < ; - v ■' Did you receive a' letter;from prisoner tell-:'ihg-'you:th'Mi.?h9'hW.;^4®'-th9 asking you to honour it ?—N<). -i ; , - Replying to a- further questipn, : : witness stated that 18' 'irionths' had pnssccl smco lie removed his account from tho Bank of New South Wales at Napier to. the Bank of Now South Wales at Gisborne. ' ■ - Re-pxaipinedi/^witness^^stated,,that it, was prisoner's first wife who; was a sister to his wife. Correspondence between them.aud tho. Searls ceased when the first' Mrs, Searl died ,four years ago; Ho never gavo prisoner any, authority to sign, anything for hiro. Winston Barron, accountant at tho Bank 'of; Australasia jit Napier, ..'said that if .the cheque in question had been presented )t would.not have been accepted. ' Angus. Turner,' hairdresser, Willis Street, deposed that on September. 15 prisoner asked- ; him for a' blank : cliequo form,. -; - A CONSTABLE HECKLED, Constable 'Jones,: of Akaroa, stated that he arrested prisoner * on" 'January;.' 7.' When "charged with the/offence prisoner.saMYf The, cheque referred to .was given to me by my !biother-in-law,W,. T,' Gilbert; a; few j 'days before I handed it to. Mr. Ivyngdon. My brother-in-law was keeping ah hotel at Jlakotuku, but I- don't know/whero ho is-now." ,On arrival at tho polico station prisoner further said: "This is nothing but spite brought ;against me' hy 8ome ; of the polico. It is to •pay me out: tor .prosecuting , one Constable llavelcck for perjury.'' >: - f /1.", -/. Mr. Wilford: Are those the exaot words used by the prisoner?— Yes. ; '://- / '/! : Did you write them down?— Yes. -When ?— Half an hour after thoy. wore spoken. ; V:- , If -1 read out -a sentence containing the /same number of /'words,could' yo'u^--write; it' down now?— Yes. After counsel had. read out a' sentence, ho asked.witness:to .writo; it down, but tho witness said he would like to hear it road again as .he had hot bben paying much attention on ; the occasion when ■it was read tho first time.

■ Mr. Wilford: ,Is : it necessary for. me to- read; the sentence again? ■'■ .-■-■;■■■. ' Witness: Could you writo it down your-' self, Mr; Wilford? • " '' v.: v. ■ Counsol: No, only police constables can do that sort of thing.; (Laughter.) ■ ■-.■■, v.:i: : EVIDENCE ( FOR THE DEFENCE. , Prisoner, in evidence, said lie admitted tbo cheque in question was made out on the form he obtained from Mr; Turner, and was the one which he gave to Mr. Kingdon. He (prisoner) was not liable.for,the rent under.the. lease.' . Mr.- Kingdon never pressed him", for. the rent. His brother-in-law had come to ■his rescue on three times when ho was in ■financial difficulties. Since his first wife's death his'boys had'.written 'to Mrs.- Gilbert., When- his brother-in-law : was last in ' Wellington he offered prisoner £50, wliicli he (prisoner) refusod to accopt. ' Mr. Gilbert then told him that if he, wanted anything at any time he could draw, on : him. Ho (prisoner) never. wrote: the cheque for. tbo purpose of giving it to Mr. Kingdon. It was his abject to send its to Pointon, who. was talking about going up tho Main Trunk line, with him to see if, they could start -a business. 'I *// Did you know ;that the chcqiie would not ■bp negotiable until it boro both the sign a-' turos of L. Searle and;E. Pointon?—Yes. ■ Between the time you gave tho cheque and the date of your arrest did you hear anything about-the cheque?— No. Not even from Mr. Kingdon?— No. .. When was the, .first you. hoaW of the matter.?— I. first knew there was trouble the day beforo I was arrested.- - . ' ■■• ■■:'.

. What was the object of putting your wifo's name on the cheque?— So that Mr. Gilbert would trace tho giving of tho chequed ' Did you write and tell Mr. Gilbert what you had done?— Yes, I wrote tolling him that I liad takon advantage of his offer. : > - Did you also send a wire to him in regard to a cheque?— Yes. • Do you know wjiether.he received the communications ?—I believe ho did : not. Do you really believe that the ■ prosecution was'brought because some, of; the police wero unfriendly to you P-rl am convinced that that is the case. . ■ What did you tell the constable'when you wore arreßtea?—l don't osaotly know, for I

wag 60 agitated when I heard tho ehirgo i road. I am sure I did not say I got tho I cheque from my brothcr-m-law. .•■■A Why did vou m.iko tho cheque. payable on i the Dank of Australasia? —I thought , thai Mr. Gilbert had his account, there- ;.| v CROSS-EXAMINATION OP ACCUSED: '• I Mr. Myers, on behjilf ofVtlie Crown,'cross-'! oxamined prisoner at length, , So you have nrlded the police to your list of persecutors?— Yea. •; ■ | r Mr. Gilbert. said, tliat ho- had norer bcon pa,id.back tho moneys ..which, ho gave-you?—'. That is so in a way. N •At your public examination in bankruptcy vou asserted that you had repaid, him P— That is true —up to a certain tiirie.V. Which -statement :is true ?~Both are -true." There .iro other considerations between :us. For instance, ho -.allowed vno for a gvaphov phone and horso which I bought for,him.- . . What did you mean to dp with "tho cheque P -71. meant to send it to Pointoirwul nsk him, to cash it, but to hold it until' from Mr, Gilhort. . , i.Then you did not want. it to .'bo:negot{a t tod until you knew that, you had Mr. Gilbert's authority to make'it?—l wanted to be certain on the point, Why did ygi; alter your determination P>~As I had not hoard from Mr. Gilbert I thought it waß all right. v Did yon itifike any other cheque, similar to the ono in question ?-r-Ycs,;. two others... Dul vou think tho.; bank . would'-honour.: a choquo Jlko tho one'm question P—Yes, if Mr. Gilbert had done as I wrote-htm. ,u:.. ■-!■. Have you paid the other -two chequcs?rYes, since tho date of:my arrest..::-

WHO AUTHORISED THE PROSECUTION ? •J. H. Ivingdon: (who wasrecalled by Mr Wilford) stated that he nevor told prisonnv ■t|io chequo had:not- beon .paid; Mr. Wilford:.This is not your prosecution? —No Then you have been dragged mto it Who did bring itP—The-police- brought tho. prosecution.'- ...-.i .; ' :{-; : Then Scarl is right?— Yes;. . v ' - '• ; Several questions were tllen : put to'-witness" by Ml Myers, / • Who : handed the choquo -to the policei J ::- My solicitor. For the purpose of ascertaining : whether :it{. was. gonumo, and, if not, to l For-tho purpose of ascertaining who Gilbert was..:■, - r:/-'::y-And. to.take anyjotherefepsthatiniEht ba, necessary m conseqnenco?—That is-so.'., — • So tlw complaint was either yours or youvsolicjtor's ?—, :; L His; Honour: It wouldappear: ' that - the: prosecution: 'was - 'authorised: -'iby - witness's'. solicitor at any rate. '••- •-'•" Mr. Wilford: If that solicitor did-not hand it to another solicitor to do it, I-'••Mr. Wilford (to, -witness):■ Ypur- solicitor is Mr E Stafford, jun '—Yes Did not Mr. Stafford- hand t-ho- ohequo to~ another soljoitorPr-I- don.'-t'know. •• I His Honour, in siunming---up,, said- tho crucial point of ..the case was f Had prisoner reasonable ground to boliovo.ho had been authorised to '.sign;' cheque?- "•'••? FINDING OF THE JURY. ' Tho jury, .wjuoh retired; at;s;so,<-.returned at 8.50 with a verdict.'of, .'.'{Guilty."i '?r-.i •'.?> Bis Honour: 1 shall, not paps sentence on tho pnsonor imtil to-morrow .(teday);.as his | counsel (i\hv Wiltord)'- has been obliged to go ;home 'owing to ■indisposition.:.; P. -The Court\tlie(i:'sajoijri}ed.:'uhtil thisjmorn.'ing-- '{