RESIDENT MAGISTRATE'S COURT COBDEN.

Grey River Argus, Issue 80, 17 July 1866, Page 2

RESIDENT MAGISTRATE'S COURT COBDEN.

; Monday, Jvjjy y 16th," •-. ■ (Before T. A. S. Kynnejsley, Esq., R.M.) f ORGIXG AND UTTERING A. CHEQUE.— Henry, Williams was brought .up .on remand, . charged with having, on the 25£h day of May last, forged and uttered a c&eque for £10, with intent .to defraud &rim Robinson, a storekeeper at Kalei«h, The first -jyjitfless .called was Isaac ,o'Dqnnell, who, deposed that he received the " cheque, prodwced'frofti Mr Robinson, about a month ago, in pjy.ment of an account. Ou presenting it at th§ Bank the reply /was "no accojint." He afterwards asked the prisoner to pay the amount of the cheque. j&n,d he aqjld. he would do so, but afterwards he refused and hW«ot yet done so. Remeinfcewi going :witfe the .prisoner, 'to Robinson's on the JSortli Beach, with reference to this cheque. Prisoner said he was not aware he had done wrong in. (drawing the cheque, and he promised to settle with me .wiian we got to Cobderi. The prisoner has been carrying ,on bnsjn.oss,as 9. butcher, on the North Beach, and He used to buy meat from me. He always paid in cask ana never by chequer; By the prisoner % Oil our way from Robinson's to Cobden we'had a transaction and money didfjass between »s. My man bought # j^«h^s afeibp feoni you for 1,9 10s, and you gave me money to make it ap to LI.G, unjj. I gave yon ; credit for that sum against your account. I swear that the LIO was not understood 60 he ia payujenfc of the cheque, nor did yosa. £$:er, pay .nic f.or, it. ; By the Court : The brotfeer of the prisoner did, about Jtliree months ago, say that be and the prisoner were in partnership. I never saw tiicni sjgji jthc name of the firm either as VVilHamB lihd. Co. flr ; Willjanis' Brothjejpsj nor did I know the respective Christian names of the brothers. I simply entered their account as to Mr Williams. J. Packer Martin," agent 6fthe ; Union Bank at Greymouth, deposed : ,No one named Henry Williams- haa an accojmt,' atjth^ baiife, William Williams has had money lodged Afi a deposit receipt, but lyj, had; no current account, and could not draw cheques against it. The signature o.n jkh,e cheque produced is not that of William Williams, iior is it eS'en a resemblance. If it is an imitation it is a very-clumsy- one, I reniember the cheque being iiresented at the Bank and returned.. John Robinson : lam a storekeeper on the North Beach j' 1 remember sell jng the|j)rir soner a butcher's slxp]),for ; £15, Pegayi|,rtie a cheque for £10^:^ahd anIOU for $5} jfiie took place in. the,:eyening-by: caudle-light, and thei-e were otjher persons iv. .jblje rppm at the time. The prisoner called for pen and ink, but I did not see him sign the cheque, although he might have done sb then. I df) not think I would kiiow the c]u3qjie again if I saw it,.as*l gave it tb niy wue? without taking particular notice of it. I recollect; telling theY prisoner.!, that I Vwoiild take it. I would know the lOU again as the prisoner wrote it in a different handwriting to his usual style. Ido not, pf lny own knowledge, know that he wrote the cheque. - 1 paid the che<iue to O'l)onnell. When it was returned 0 Donnell told me there were no funds at the present time, but he thought it would be good. He did not give it me back. O'Donnell did suninipn me <m .the cheque, but the case was dismissed, as O'Donnell didj not appear. Shortly afterwards O'Donnell find the prisoner came to my house, and the prisoner said he would pay the money at Cobden, am] U'l)pnncll was quite ivgreefible to that arrartgeu)gn^ The Alagisnite, after cautioning the prisoner' in the usiul way, asked him if lie Avished to make any statement. The prisoner said he wished to. "explain how the cheque came to be issued. About the 23rd May \ was at (>"rej month, paying, Sir. O'Dcmuell / some money,~but had not the full amount '-with me at the time. But I.,'said to him, . " my broblier.has got money in the Bank, 1 m l l have never signed his name without his. fj.ntb,or}ty a:ul wovild not do soi" I told him if hp would cume over to Cobden I thought my brother would give him a cheque for the balance. I was not aware, at the time that tlio money was only on. deposit. O'JUoimell and I came over to Cobden, bnthe..gai4 he was in no liurry for tli^ money, and any time would do for it, and it was agreed I should pay him 011 the following Saturday, the 25th .May. I told my brother ,. l hail. >i place offered nic on the North Beach for a butr cher's shop, and he said I oouldgi\ T e. a Qheque on the Batik for him. ■ I went to tlie Beacb. and purchased the place from; Eflbiiison forLI 5. I aebnit drawing the cheque and signing .my brother's name^- to it, " Wni.: Wii» liams," on his .authority. ; Nothing niore was saW about it- tintU Me 27th, Avhenlsaiio' O'Donnell .came down to the beach and sauV "You have done a fooiisli thing, Williams, in giving Robinson that cheque, „a s"; your brother has no running account, only a deposit, receipt.!' . I said I was not aware of it, : and my brother must also have: misunderr stood; the matter in telling n»e to sigii the cheque, and I offered to go with hini to my brother's arid- set it right. We went on to Robinson's, and O'Donnell said,; " Williams and I /will make it all right, so you need not trouble yourself about it. " We then started with ; the intention of ' going to Cobden,' and as we were passing, the , place ,1 had [jiist bought from Robinson, O'Donnel}';s 1 f .man asked^ioae what I would take for the place. I agreed to take. £9-, ; anil I then., said to 6'DonneH, "I've gofcto give you £1, and that willmake you and I square \\-ith regard to the cheque;", he said ye^ ."and, wewent. into iKirby's store, had. adriiik, aiid settled the matter. Thearel nothing more about the cheque until about three..weeks ago, when Isaac O'DonnelTs brother said tome, "There's a cheque belonging ; jto yoii/knockiiig about, why don't yon get it and destroy it?" -J. told him to ask his brother to.destroy it, «is it ought to have, been 'destrdy.ed at the tame I paid him the money, and.he,saicl teVoiild do so. I heard nothing further of the matter .until I was apprehended. In reply to the Magistrate, this;pris6her ; said his brother was at Nelson. The Magistrate, after carefully weighing the facts, was.of opinioii that the fraudulent: indent had not been proved, and that .there ; was ; a Jdoubti !of which Le woiild give the prisoner the "benefit; he therefore dismissed the charge, and cautioned the prisoner against any' simUar'iiTegiilarity in the future. , : > : '?: ; CrVIL ; CASES. Macfarlaney.-Wgliams. r^Claim L 9 for bread, &c, supplied. Judgment for full amount and. costs. :ii>>> :^ : --: : .-. ■'■■, •,,.! >'.j.S. A mimberof othercases had been setitpwu for hearing, but had; been settled out "gf .Courii. : ;V.-' ; '- ; -"; '■:' - : ''r-' ) j:: ;' •-- ;- : - : v '■;-■•■•;:■■'■■.■