MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 797, 21 April 1910, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M. AN INSUBANCE PROPOSAL. ALLEGED FOKGEKY. Rather an unusual case woe that in which a.young man named Sidney Diamond, an insurance canvasser; > was charged -with having forged the name of a ; young woman named Elsie Elizabeth Sime, to a proposal' for life insurance. The accused was defended by Mr. H, F. O'Lesry. Chief Detective Broberg conducted the prosecution; . The facte, as stated for the prosecu-tion-were that'somo time in Ootober last, accused, who was employed by the A.M.P. Society as a canvasser—he also was a, piano timer—interviewed Miss Sime at Johnsonville with roferenoo to a proposal for life insurance, and she agreed to become a member of the; society, her weekly payments to be at the rate of '23. Subsequently,' sho decided to cancer the arrangement, and as she did not know the name of the agent, she wrote to Mr. Stubbs, who was also an agent of the A.M.P. Society in the district, asking him to inform the. acoused of her decision. Diamond, on being informed by Stubbs .of Miss- Sime's . . desire to- cancel the arrangement, crushed- the proposal form in his hand, and then put it in his pocket. In November he forwarded to the A.M.P. Office a proposal for insurance, bearing what purported to be, and was accepted as, the signature of Elsie Elizabeth Sime. The A.M.P. Office duly issued the polioy, and paid the accused his commission. Subsequently, Diamond forwarded a certificate of transfer to the office, stating that the girl had gone to Kongotea. The accused admitted undor examination, that the certificate of transfer was incorrect, and that he was aware of the fact when he made it out. Tho A.M.P. Office was unable to locate Miss Sime at Eongotea, and the policy: subsequently lapsed. No promiunis had been paid by Miss' Sime, but the office had, through the accused, received premiums purporting to have been paid by her. The payment by agents of premiums was strictly, forbidden. Accused admitted that he had paid more than two premiums, but would not swear that he had paid moro than two. Miss Sime repudiated the signature on the insurance proposal.

The defence was a denial of the charge of forgery. According to the accused, the girl had signed the proposal, but had afterwards intimated that she did not propose to go on with it. In one of his ''bad weeks," accused had sent in the 'proposal to the office, intending in the meantime to get Miss Sime to reconsider her decision. He was paid the commission. Before any commission was paid by the office there was in every instance a delay of a fortnight, during which period the superintendent was understood to report upon the merits of the proposal. If his report were not favourable, no commission was paid. The :A.M.P. Society's branch manager of the Industrial Department (Mr. Stewart), stated that at that particular time there was a rush. of bnsiness, and the superintendent was unable to investigate this particular proposal. His Worship said that there was a conflict of evidence with regard to tlio writing and the signature of the proposal, but tho merits of the case would have to bo decided by a jury. The accused, who pleaded not guilt)-, was therefore committed to the. Supremo Court for trial, bail being fixed at iB6O, and two sureties of .£3O.

On another charge,. that of theft of 15s. from his employers (the A.M.i'. society), the accused was, on the application of his counsel, remanded till April 27, in order that ho might have an opportunity of going through his affaiTS. ALLEGED BURGLARY. Two men, Martin William Tier arid James Edward Bowker, charged with having broken into and entered the premises of Edward Pearce end Co., Lt«., and stolen boots and postage stamps to the value of about .£2O, and also with having broken into the premises of Johan fcmu Lindberg and stolen •a . purse and contents valued at Is., were. remanded till April 27. Mr. Hordmari appeared on behalf of Tier, and applied for bail, which was granted on the basis of one personal guarantee, of .£IOO and one surety of XIOO. INSOBEIETY. Four first offending inebriates were cenvicted. One was discharged, one fined 55., with a 2t-hours , option, and the other two 15s. each, with the alternative of 48 hours' imprisonment