Alleged Forgery

Feilding Star, Volume V, Issue 24, 28 February 1884, Page 2

Alleged Forgery

(Adjourned from Yesterday.) At the RM. Court this morning, before H. L. Sherwill, Esq., J.P., John Smith waa charged with that he. on the 22nd day of lebruary, 1884, did feloneouslj, with intent to defraud, forge a certain order for the payment of money. The information was sworn by E. Jackm&n. Mr Huwkins appeared for the prosecutor, and Mr Prior for the defence. Edw.urd J.-u-km.ii deposed: He was a contractor living near Fi'ildmg ; he knew the aci-used ; he had been in witness' employ up to last Saturday, when he was discharged. [Witnesses were here ordered out of court.] iS'ext saw him on Monday morning when he gave him the time Smith had worked, which left £4 3s due to Smith ; gave cheque for the amount (cheque produced); the writing in the body of the cheque was Smith's ; prior lo this had never authorised Smith io Msfn nny thing ; he used to make out the accounts for witness ; found he had signed yesterday, when settling up with ■■ ormnn ; wan informed that Smith had given an order for one pound ; order produced was not in witness' hand writing, nor was the signature his : the order was dnted the 18th instant. By tiie Bench : Distinctly swear the signature was not his. Cross-examined by Mr Prior: Conid only write his name; on the 18th owed Smith about £4 ; Smith g«ve witness £1 after the cheque was cashed, saying that this was in payment of £1 he had borrowed from N'T.van. and asked witness to pay it ; expressed a wish yesterday to withdraw the information ; did not think Sinitii wished to defraud ; kn<-w what giving an order was ; told Norman he had a pound to give him from Smith. James Norman deposed : Was a contractor residing near Folding ; had seen the order produced before; paid Smith a pound for it; did not know Jack man's hand writing ; believed tha order was in •lackman's writing, or would not hare paid the money ; seU'ed accounts with J nek man yesterday, who mud he had been charged £1 too much; showed Jnckman the order, who said it was not his. Cross-examined ; Had no previous set tlement with Jack man : saw a horse which had been injured; paid the money on Friday evening, but declined to iwear it was the same day the horse was injured ; when the morvey wax paid Smith said he wng going to Feilding to get something for the horse; defendant left with that intention ; did not see him on his return, but saw him on Saturday morning attending to the horse ; Jackman did not tel witness that Smith had given hint a pound to returu to witness for the pound which had been paid Smith. H. Halcombe deposed : He was a teller in the Bank of Australasia, Feilding ; knew Jackman's signature; the signature on cheque produced was his as.ua! signature ; the signature on the order produced was not that of Jackman. Cross-exn mined : Would not say there was any attempt to imitate Jackman's signature on the order produced. Mr Prior addressed the Court at some length for the defence. Mr E. H- Wright, architect, and Constable Price d«>po«od a» to the general good character of Smith. Case dismissed.