MAGISTRATES’ COURTS.

Globe, Volume XXII, Issue 1862, 11 February 1880, Page 2

MAGISTRATES’ COURTS.

CHSISTOHUBCH. Wednesday, February 11.

[Before G. L. Mellish, Esq., E.M.J Drunk and Disorderly.—A first offender was fined ss.

False Phetenci:3. —Michael Murphy was charged with obtaining the gum of £fi 2s by false pretences from William Letford. Mr McDonnell appeared for the defendant, and Mr Deacon for the prosecutor. The witnesses were ordered out of Court. The prosecutor, a painter, residing in Colombo street, remembered seeing a man, James Swindell some time last October. He went with him to the defend* it for the purpose of borrowing some money; the defendant remarked to Swindell, “I will have nothing to do with you.” Swindell replied it was not him that wanted the money but a friend he had brought with him. Defendant then wanted to know what security witness could give. Witness said he could only give his personal security on rents of the cottages, which brought in £2 per week. Witness told him he wanted £lO or £l2, as ha had a mortgage coming due. Defendant said “£lO or £l2 will be of no use to you, why don’t you have £IOO or £l5O, you can have it if you want it.” It was ultimately arranged that they should meet at Mr McConnell’s office. Witness went there, and it was arranged that he should have £IOO. He instructed Mr McConnell to prepare a deed of second mortgage. The defendant’s expression was a remortgage.” Witness left after that and Swindell left with him. Witness and Swindell wont to the Golden Age and made an arrangement to meet defendant again. Swindell had remained in the passage at Mr McConnell’s, as either he or Mr Murphy had objected to his presence. On or about the same day that witness instructed Mr McConnell to prepare the mortgage the defendant offered to lend him a pound or two, and gave him a cheque for £5 and also one for JE3, for which witness gave a receipt. Witness arranged a day when he and defendant were to meet again. The same day (Saturday) witness received the cheque he arranged to meet the defendant at the Golden Ago on the following Tuesday or Wednesday between tan and eleven o’clock, and the deed was to be ready. Witness and Swindell kept the ap-

pointment and the defendant came after* vrards. They then went to Mr McConnell'* t.3ice. The defendant excused his being late for the appointment ns he had been tip late the previous rrfght gambling. Swindell went into the office but was ordered out again by Mr McConnell or the defendant. The remark made to Swindell was, “If we want you wawill send for you ” Defendant said “ The business is between Bill and me" (meaning complainant). Witness did not think Mr McConnell objected to the presence of S windell. On that occasion the deed, which had been prepared, was read ever to witness, it haring been previously explained that the latter was only to have £6O, as he (Murphy) had sent up Mr Alport to value the land. Swindell was in the passage. Witness signed the mortgage deed, but did not get one single penny at that time. They then went over to the Golden Age. By “they” ■witness meant Murphy, hi&self, and Swindell, who joined them on the stairs. Mnrnhy called for pen, ink, and paper, and they commenced to reckon up what was against witness, and what balance he was to receive. The items mentioned by Mr Murphy as making up the £6O were as folio ws :—£l2 10s, which defendant was going to pay to Mr Dixon, but witness objected to this item. There were the two cheques for £3 which witness had received, but which, with commission, were now charged £lO. The extra £2 was charged as interest Thera was another £2 2s, which Murphy said he had paid to Mr Alport for his valuation. Witness objected to it, and’ remarked that he had not to pay it on previous occasions. Murphy said witness ought to consider himself lucky, as he had not charged him for cab hire for going to value the property. He said he was net going to be a loser by the transaction, as he gained nothing by it. Swindell was present all the time of the foregoing conversation. Defendant also deducted Is for the stamp. Murphy also deducted £8 for the mortgage deed by Mr McConnell. Altogether witn-ss received from defendant | about £27, and 6s or 7a. Would not have allowed the deduction of £2 2s had he not believed Murphy had paid it to Mr Alport. In fact ha bad objected to it. Bemember seeing Murphy hand Swindell 10s at the Golden Age. Swindell made the remark, “ No, that won’t do for me Murphy, X want money bad enough, but I’ll have no blood money.” Was positive that the ram already mentioned was all the money he had received from Murphy. By Mr McConnell—l might have handed' either or both of the cheques I had from Murphy to Swindell. Did not execute any other deed the day he executed the mortgage deed. Gave Mr Murphy a promissory note for £lO when he received the cheques from him for £5 and £3 respectively, hut did not know it nntil he was chaffed about it. Witness did not know the amount he was to pay, as he did not read the bill, which he thought was for £B. He thought it was an act of kindness on the part of the defendant. Mr McConnell—“ You went to the wrong shop for kindness.” Mr McConnell put in as evidence the mortgage deed and another, but the witness said he could not swear the signatures were his. Witness die not to the best of his belief remember signing any other documents in Mr McConnell's office. Mr Murphy kept back the £2 2s, which he said he had paid Lo Mr Alport. He did not say he was going to pay it, but that he had done so. Murphy did not say that he had made the valuation him- , self. He did not say he was going to make a charge for looking at the property. Beexamined by Mr Deacon —The witness said he did not remember signing more than one deed in reference to the £6O. Ho never, to his recollection, signed two deeds. James Swindell, watchmaker, Kilmora street, sworn, said, thst in consequence of a conversation with Mr Lettford he went to Mr Murphy’s on a Saturday morning in October, about the latter end. Should say it was about the 22nd or 23rd of the month. Explained to Murphy that Lettford wanted some money. Murphy told them he would meet them at the corner of the Golden Age at 10 o’clock, and he met them according to that appointment. Murphy told Lelford he bad better nave a second mortgage on the property, and if he would include the life interest he would lend £IOO or £l5O on it. It was arranged that Letford should have £IOO at the same rate of interest he was paying Dixon, viz., 12 percent. They agreed to take £ICO, and went over to* M'Connell’s office. Witness went with them. Murphy would not allow witness to go into the room with them. Witness stood at the top of the stairs on the landing. Did not hear what took place inside the room, but met them afterwards outside Allen’s, when they came out of McConnell’s. They all went into the Golden Age together. Heard Murphy say they had agreed to £ICD, and Lettford was to come the following Wednesday morning to sign the second mortgage deed. Lettford was asked to shout, but he said be had no money. Murphy said he could have some, and he wrote out a cheque for £5 and gave it to Lettford. The latter said that was not enough, whereupon Murphy wrote out another cheque for £3, winch ho also gave to Lettford. Murphy asked witness to go and get a shilling stamp which he did, and gave it to Murphy, who attached it to the agreement for the repayment of the £B, which Lettford signed. Witness did not see the contents of the document, as it was written while he was absent. Lettford put the paper in his pocket. Did not hear Murphy say it was for £B. It was then arranged that they were all to meet at the Golden Age the following Wednesday at 10 o’clock. They met accordingly—that is, Lettford and witness —and waited for Murphy for two hours He excused his delay by saying he had been up till three or four o’clock that morning gambling. They then went to Mr McDonnell’s office. Witness was again going up, and was again stopped. Lettford and Murphy went into the office and left witness on the landing outside, as ou the former occasion. Heard Mr McConnell say to someone—“ You had better go somewhere else ; I’ll have nothing to do with it. When Lettford and Murphy came out, witness joined them, and they all went over to the Golden Age. Murphy said, on the way, he could only let Lettford have £6O. When in Allen’s, Murphy said he had had a valuer up to the property, and it was not worth as much as he thought. He said he bad taken up Mr Alport. No money was paid at that time and they went back to Mr McConnell’s, but as before the witness only went as the door. On either the Wednesday or Thursday, after the deed was signed, Murphy and Lettford came into Mr Allen’s, where witness had been waiting, and Murphy called fora pen and ink, and Mrs Allen brought them in. Murphy wrote down what he had been paid in Mr McConnell's office and what was coming to Lettford. He said he had paid £8 to Mr McConnell for drawing up the mortgage deed. He said Mr McConnell had put it on “rather stiff.” He deducted £l2 10s for the interest on Dixon’s mortgage, and £lO for money borrowed by Lettford. Lettford said he had only borrowed £3, and witness said to Murphy, “ Why, you are warming him up—£2 for tho loan of £3 for two or three days ! ” There was £2 2s for taking up Alport. Murphy said he had taken up Alport in a cab and brought him back, which he did not charge for. Lettford said ha would not pay this, as Dixon hud never made such a charge. Ho said he had paid Alport out of his own pocket, end he was not going to bs the loser. He said be had also paid a shilling for the stamp witness had procured. Witness said he had taken up Alport to look at Lettford’s property. Lettford said “ You had better taka the lot.” When the matter was balanced up witness saw Murphy count out £27 some odd shillings on the total, and Lettford picked it up. Witness remarked “You have msde enough out of him.” He replied “Here’s half a sovereign; you shut up.” Witness pushed the half sovereign away, and said, “ I want money had enough, but I don’t want blood money.’ Murphy picked it up, pocketed it, and went away, leaving witness and Lettford there.

The Court here adjourned for a quarter of an hour.

After further evidence given by this wit. ness, Mr Alport was examined. He said he dirt not make any valuation for the defendant and did not know prosecutor. Had never received the £2 2s. This was the case for the prosecutor. For the defence, Mr McConnel offered two objections. The first, a legal one, was that no date of the information was proved ; and secondly, that that there was no eridence to show that the defendant Uad been guilty of anything more than falsehood. He did not obtain the money under the false representation as he already had the money in his possession. It was simply a misunderstanding of accounts, and the prosecutor could recover by civil action. Mr McConnell called as witness W. Lake, a clerk in his office, who was examined, and W. Lettford was afterwards again put in the witness box. The case was proceeding when we went to press.