RESIDENT MAGISTRATE'S COURT This Day. (Before C. D. R. Ward, Esq., R.M.)

Evening Post, Issue 21, 3 March 1865, Page 2

RESIDENT MAGISTRATE'S COURT This Day. (Before C. D. R. Ward, Esq., R.M.)

William Frank Montague Warden was charged by James Bertram with obtaining goods under false pretences. The prisoner applied for a remand, but his Worship decided on first hearing the evidence. James Bertram deposed as follows : I am in the employ of Messrs. Picket and Co., and manage their shop in Willis street. The prisoner came into the shop yesterday, and bought a coat, vest, pair of braces, and two handkerchiefs, value £2 Is. He tendered me this cheque (produced) for £5, and I gave him the goods and £2 19s ohange. I took the .

ebeqae down to Mr. Boddington, of the New Zealand Bank, and he said he could not and would not cash it. It was after hours when I presented it. He said it would not be cashed the next day. Mr. Boddington, examined : I know the prisoner. He has no account at my bank. I saw him yesterday morning in the bank. He wished to know whether he could draw at the present for money that would be due about the 28th instant, and was told by the manager he could not. I also told him. £8, less commission, about 3*., will be due to him on the 28th. We would not pay this sum without his personal application, or a draft on the Oriental Bank Corporation in Madras, He has drawn twice before through the bank in Wellington, and perfectly understands the method of doing so. I know the cheque now shown me. I saw it last night — rather, I ¦hould say, yesterday after noon— and refused to pay it on the ground of no assets. Cross-examined by the prisoner : You can draw £8 on the 28th. I heard so from Auckland. I never told you that you could draw it at present. The manager also refused to cash your draft or make any advance until the 28th. Mr. Boriase, examined : I went with the prisoner yesterday to the Bank of New Zealand. I «aw the manager, Mr. Bridges, with him. I understood the manager to say he had a credit on the 28th for the sum of £8, ttod if he were to draw for it in a proper manner, the person in whose favor he drew might obtain the money on that date. That is tha tenor of the conversation. I was very busy, and heard no more. Cross-examined by the prisoner : I do not remember that the manager specified the manner of drawing, Mr. Bridges : I am manager of the New Zealand Bank. I know the prisoner ; he came to the bank yesterday. A credit has been established with me from the Oriental Bank in India. He wished me to anticipate it by an advance. I think he is entitled to £& a-month. I think that amount is due to him at the end of this month. He asked me yesterday to make an advance of £2, or sufficient to lake him away from the place. I declined. He spoke a great deal of his destitute position, requested ma to have pity on him, and so on. I distinctly declined to make any advance whatsoever. Cross-examined by the prisoner— l have the power to cash any cheque even if there were no funds at my discretion. The facts of your case are, the Oriental Bank request us to pay you the sum of £8 a-month on certain dates. This was forwarded to me from Auckland. You have received one payment here, made by your cashing your draft in India. This can be cancelled at any time. I had a letter from Auckland concerning you. My instructions are simply to pay you £8 a-month, on a specified date. I did not say a draft drawn on any one would be paid on the 28th. I said your draft on the Oriental Bank in favor of anyone would be honored on the 28th inst., if your credit were not cancelled in the meantime. Mr. Pickett, on being asked whether he would press the case or not replied hi the Affirmative. At the request of the prisoner Mr. Pickett, sworn : This cheque belongs to me. My partner is Henry Owen. I was present when the prisoner came to our shop yesterday. He purchased some goods, and gave a cheque to Mr. Bertram, who objected to take it, saying it was after bank hours. The prisoner said, "the cheque will be cashed to-morrow, for I have money in the bank," Mr, Bertram said he understood the prisoner had drawn all his money. He answered, «'I have three months yet to draw." On this I said Mr. Bertram might take the cheque and give him the change. Cross-examined by the prisoner : You said you bad to draw £S a-month, and had drawn only £3 as yet. I don't know whether any one heard you say you had three months to draw. The prisoner had no more questions to ask, but muttered, " I deny it altogether ; it's a d d lie." Mr. Bertram : When the prisoner tendered the cheque I refused to cash it, as it was after banking hours. He said, "it will be all right In the morning, I have money in the bank." Mr, Pickett authorised me to cash it. The prisoner said, " I have been in gaol since January, so havo three months yet to draw." The prisoner denied the crime altogether, and was fully committed to take his trial at the ensuing sessions.

« What 1 tipsy again ?" aali a wife to her husband, ' No, my dear, said he, * not tipsy, but a little slippery. The fact is, somebody bas been rubbing my boots till they are as smooth as a pane of glass."