RESIDENT MAGISTRATE'S COURT.

Evening Star, Volume VIII, Issue 2150, 28 March 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day. (Before A,O. Strode, Esq., R.M.) The application of Hall for a slaughtering licence was refused. CHARGE OF EMBEZZLEMENT. John Creagh was charged, on the information of George Cook, with appropriating to his own use LI 14 Is, received by him from a client, T. Miller, while clerk in Mr Cook’s employ. Mr James Smith for the prosecution. Mr Barton, on behalf of the defendant, applied for a postponement of the proceedings, in order to give time to take means for the defence. It was agreed by the counsel for the prosecution to postpone the examination to tomorrow morning, at 10 o’clock. Civil Cases. Hanslow and Sampson v. W. R. George, of Clyde.- L 7 12s 6d, for clothes supplied. Judgment by default for plaintiff for the amount claimed. Briscoe and Co. v. Edward Mouler and others.—Ll9 5s 3d. Mr Stewart for the plaintiff. Judgment by default for plaintiff. F. 1). Main v. Harper.—Ls ss, for professional services rendered. Judgment by default for plaintiff for the amount claimed. Thomas Lacey v. Jeff Williams.--LI 19s Gd, for work and labor done. Judgment by default for plaintiff for the amount. H. S Fish v. Alex. M'Gregor.—L 4 9s Gd. Mr Ward, for the defence, said thewurk was agreed not to exceed L 3. H. S. Fish said that the work done was some alteration in hydraulic arrangements in the defendant’s cellar, and that no price was over agreed upon. Alex. Wallis, who assisted Mr Fish to do the work, proved the value of the work done. The defendant made a statement to show that the work was overcharged, but it was unsupported by evidence. Verdict for the plaintiff for the amount. Findlay and Gilmour v. George Smith.— Ll2 Gs Id, for balance of account for cartage. The amount was admitted, and judgment by consent was given. Antes v. Fanny Sutherland.—L2 2s lOd. Judmcnt by default for the amount, with costs. Sontang v, Petberick, for two weeks’ rent of a cottage, 14s. Mrs Pethoriok said she was not indebted the amount. Judgment for the plaintiff, Gs, and costs. CHARGE OF FORGERY AND UTTERING. James Grafton was charged on the information of Samuel Perry, of Sawer’s Bay, with forgery and uttering a bill of exchange for LIOO. MrHoworth for the prosecution ; Mr James Smith for the defence. Mr Howorth stated the case, after which the following evidence was given. Samuel Perry, fanner, Sawyers Bay, said that the defendant Grafton and Mr Gibson called on him on the day of the date of the bill. Grafton said respecting a £SO bill which had been talked about the night before that id was all right. Grafton said he was pushing Gibson for LSO, and wished to know if Gibson had asked witness to back a bill for him. "Witness replied no. Grafton said, “ Quite right, I do not want you to do it.” When he went up the street the same night, past Gibson's; he called him in, and Grafton avas there. Gibson asked him to back a bill for him. He said no, it was a thing he would not do ; if he had the money he would lend it to him. Grafton said to Gibson in the presence of the witness. “ Yog have plenty in the storp, and if you do not pay me, I will pay the cheque into the bank and sell you out.” Mrs Gibson was crying very much about it, and begged him not. He (witness) said “Jem, dou’t be too

hard ; give him a few days. If you lose it in that few days I will go you halves. That I meaut for the L 50.” That would have been L 23 if he lost. He got out of the place then as soon as he could, for he coni I not bear to sec the woman crying. He saw neither of the parties more that night. Next morning Gibson and the prisoner went to his house. When alone with Grafton, he said, ‘"’Oh, Mr Parry, the bill’s all right.” He replied he was very glad to hear it. Gibson was 103 yards off when Grafton said, beckoning to him, “ Come on, come on, Mike will he in.” Grafton told him (wit* ness) he was quite safe in backing the bill, as there was p’enty of property in Gibson’s house to pay it, and he could give security on all that. He (witness) should have the security. He replied, “ No, Jemmy, if I can’t take a man’s word I can’t take his security. As I promised to go yon halves, I will go you halves for my word’s sake,” When Gibson pulled out the bill, witness, addressing the prisoner, said, “Now, Jem, you put your name first.” He said, “No.” Then witness said, “I don’t put mine.” Then Grafton put his name on the back, and witness put his. There was nothing on the back of the bill but the names at the time. He could not say whereabouts the signature was put on the bill. After Grafton signed it, he (witness) signed it, and Gibson picked it up and read it. When he heard it lead, he found the hill was for LIO3. He could not tell what happened, for he was all in a tremble and taken by surprise. He said nothing, and Grafton and Gibson got up and went away. That was the first intima* tion it was for LIOO. That same night the prisoner went to his house, and had his tea. He said, “By the way, Mr Perry, my name is no good on that bill.” Then he (witness) said “Jem, you a r e a villain. First you tell me not to hack a bill, then you come to me to get me to back a bill, then you persuade me to back and instead of LSO as I expected it was LIOO you led me into.” Grafton replied, “Don’t put yourself out about it, if I had known I would not have told you about it till the bill became due. I caa get other names to it. I can get Bill Perry. Witness replied, “ You shall not have Bill Perry ; he is a young man struggling hard to get on ; if he loses Lst) it will ruin him. I will see lo it myself sooner.” He said he could get Alick Lake of Thomson Brothers Witness said if he was a friend of Grafton’s he had no objection to his doing so. Nothing more paa ed. The next day witness saw W. Perry, who made a statement about the bill. He saw Grafton passing, who used to ask him if he had got the security. Witness said no, he did not trouble his head about it, and Grafton said ho was to call in and ask for it. About a month before the bill came due the prisoner asked ?lmost daily if he was going to sell Gibson out. Sometimes he asked if he (witness) would pay 1.50, and on one occasion when he wftness had been to see Mr Howorth, he told Grafton he wanted a copy of the bill, when he replied hastily, “ You shan't have it, you shan’t have it,” Next day he went to the hank to get a copy of the bill, but was not allowed to have it without Mr Grafton’s consent. On the day the bill fell due he went to the bank, he went at twelve, and then at nearly three o’clock, and the bill was not paid. He saw Grafton and spoke to him on the road. Witness paid the money and got the bill. On receiving the hill he found the words “without recourse ” put upon it. He would swear they were not on it when he endorsed it, and that he believed his liability to be limited to one half of LSO. Grafton went to witness’s house the morning the bill was due. The paper produced was written by Grafton, who was talking about selling Gibson up, and asked if Gibson paid LSO, would be pay LSO. Witness replied yes, and give him three or four months to pay it. He sudif he (witness) would do that he would give witness LlO. Witness rsplied “ Tnere is no friendship in trade, so give me your handwriting for it,’ 1 and he gave him the paper produced. After? wards he said to Grafton, “ If I can’t take a, man’s word I cannot take his writing, and offered him the paper back rgain, when he replied, “ Oh, keep it, keep it.” Cross-egamined by Mr Smith : On the morning of the day on which he backed the bill, Gibson sent to him, and said the bill was all right from which he understood they had settled it between them. After he went away Grafton went to him, and said the bill was all right Witness said he was glad to hear it, Gibson had told him so. He understood him that he had been to sec th§ banker, and Gibson would give scoqrity oq his house and goods ; he did kqcnv to whom it was tq bo given. ’Grafton said the security was good for L7O. He knew so little about bills that ho did not know that he could demand the bill back, although ho had signed a bill for LIOO expecting it to be LSO. He could not explain why he allowed them to go away without remonstrance, Grafton said he could get surety over Gib. son’s goods, and he (witness) should have it. Gibson gave security to him through Mr Mansford. After the banker told him he must pay the bill by three o’clock, he met the prisoner before three o’clock, but could not recollect he had conversation with him about the bill. He did not go to him about the bill. In answer to his Worship, the witness said he thought he placed his signature below that of Grafton, but could not swear, On the application of Mr Howorth, the prisoner wag remanded for further examination to Thursday. Bail was accepted, bin • self in LIoO, and two sureties of L 75 each.