CHARGE OF FORGERY.

Dominion, Volume 5, Issue 1292, 22 November 1911, Page 6

CHARGE OF FORGERY.

A VERDICT OF NOT GUILTY. (By Tclecraph-Pross Association.) Auckland, November 21. A rather unusutil case involving a charge of forgery in connection with an application for a renewable lease under Hie Lnnil Act of 11)08 came before Mr. J't-tice Chapman at the criminal sessions of the Auckland Supremo Court to-day. I'liomas John Davenport denied an indictment charging him with having iorgod the name of Robert William Dyer, stipendiory magistrate, to a document purporting lo bo a declaration required in applying for a renewable lease under tho Land Act. Mr. Kndoan appeared for (ho necked. Evidence was given lo l.ho ef. ■ oct that tlio signalruro on the declare lion was not that of Mr. Dvcr nor had any,attempt been made to'imitate the magistrate's caligraphy; also that accused hud confessed lo signing tho document, "avenport, who g avL . evidence, stuted that lie did not remember signing Mr. Over's nanio to the declaration, Ho had been drinking whisky and recollected filling in only a portion of the document. A week K T$ ?- c H Mr ' u ,to's to ?,„,! PP I. '° n , for a different piece of land. Mr. Endo.in submitted that only i nor ? n " lsanfl ,Iliin *°"l<i attempt to nperalo on a document bearing a. forged signature in which no attempt had been made to cony tho well-known hand.wr.ting of Mr. bycr. The element of knowledge and intent was absent, [lis Honour directed that the essential of for! gory was fraudulent intent, hut if it was found that tho transaction was of a muddled character the clement of intent would be mining Tho fact of drunkennow was a difficult question. Sometimes a person was deprived of the sen«o to form an intent and if accused was in such a muddled condition it wao open for tho jury to give him tho benefit of Iho point. The jury returned with a verdict 01 not guilty and accused was discharged.