RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume VII, Issue 491, 9 March 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, March 8. (Before W. H. Revell, Esq., R.M.) Furious Riding. — William Williams was charged with this offence in Arney street. He stated that his horse shied at a dog, and he pulled up as soon as he possibly ccmld. Fined 10s and costs. A Maori was charged with a similar offence. He s.aicl he,, came up with.' a white man, whose horse started off, and his followed, and he was not able to pull up until he came to the. corner of the street. He was, fined a similar amount and costs.. ; •:.'■;■•• FORGERY. Moriee Howran was charged with forging— that lie did, on the 14th November, forge and utter a certain document for the purpose of defrauding one John Greenley, of Sunday Flat, Teremakau, of L 5. Mr Newton appeared for -the prisoner. John Greenley, a miner, working at Sunday Flat, Teremakau, stated : In November last I knew tlie prisoner, and saw him" on the I.Bth at Sunday Flat, at my claim and at my tent. He asked if there was a man of the name of John Greenley there. I replied I was the man, and he gave me a letter directed to me. The envelope has been lost, but I produce the letter. It purports to be sighed by Dan. M'itenna, and requests me to give the prisoner L 5 on his account, as his money was all out at the time. He came to the tent with me, and when I read the letter I asked him if he knew the contents of it, He said he' did, that he was up with Dan. M'Elenna on, the Sunday before that, and as M'Kenna had no money he wrote that letter to get L 5 from me. Prisoner said M'Kenna was into a heavy spec, in cutting a head race, and did not think of coining down until Christmas. I gave the prisoner L 5 on the strength of the letter. I was iiot acquainted with M'Kenna's handwriting, but I know him, was aware he was at the Greenstone at that time, and engaged in constructing a head-race. The Dan. M'Kenna now inCourt is the same person. I kept the letter until M'Kenna came down from the Greenstone about Christmas, and from a conversation I had with him a fow days afterwards, in which he denied all knowledge of the document, I kept it until the 17ih February, and then laid information against the prisoner. I- did not see him from the time I gave him the money until I saw him in custody to-day. I identify him as the man to whom I gave the money. Cross-examined : The prisoner appeared to be in a great hurry when he came with the letter. I was with him about a quarter of an hour. I had never seen him before or knew that he had any connection with M'Kenna. There might be a good many men dressed as the prisoner was that day. I did not give information to the police until I was certain where the prisoner was — I had heard he had left the coast. I heard he was at Charleston. When I asked M'Kenna for the money he asked if I knew the man who got it. I said no, and he then described Howran as a man who had worked for him, and* asked if that was "the man. I said it was. I gave a description of him as far ,as I could, and he said that was Moriee Howran, and then gave me a description of him. Without M'Kenna's assistance I cmild not have described the man as accurately as I did. to the police, but I could identify the man whenever I saw him as - the man who got the money from me. Daniel M'Kenna said : lam a miner at the Greenstone, and was there in November last. I have known the prisoner for about two years, and was a working mate of mine for about twelve months. I saw him on the Greenstone in October or November last. We were not working together their. Before I lost sight of him, I don't remember having had any conversation with him about mining matters. I gave him no letter or authority to receive money from John Greenley or any other person. The letter produced is not written or signed by me. Prisoner often saw my handwriting while he was with me. The signature bears a great resemblance to mine. lam acquainted with John Greenley, and the prisoner knew it well. On Christmas Day I saw this letter in Greenley's possession. I did not see the prisoner since lie left the Greenstone until this morning. Cross-examined : While the prisoner was with me I always found him to be an honest and proper man. The description given me by Greenley was that of Howran, and I was surprised that he should commit such an act. I had no business connection with Greenley. I know another man on the Greenstone like the prisoner. It did not occur to me that he might be the man, aa I 'partly recognised the writing in the letter to bo Howran's. It was after I saw the handwriting that I saw this other man. It was within the past month at the Greenstone. 1 don't know who lie is. The letter resembles the writing of Howran. I have seen him writing often. By the Bench : I never Avrote to John Greenley or borrowed money from him. When the letter was shown me by Greenley, and considering over it for an hour, I believed it to be Howran's writing, and told Greenley so. Constable Keating sworn : I was at the station when the prisoner was brought in on the 3rd inst. It is customary for prisoners to sign the list of goods found on them. This sheet was produced, but Mr Newton objected to its being admitted, as in criminal proceedings ho witness could be called to make comparisons between handwriting — not even an expert. He quoted his authority. The Magistrate assented. Examination continued : It appears by the warrant produced that the prisoner j was arrested at Charleston, and remanded here. Mr Newton addressed the Bench for the defence, commehtingupontheinsufficiency of the evidence to secxire a committal. The prisoner could call witnesses to prove an alibi, but he had no funds to bring them, and the police refused to bring them down from the Greenstone. The prisoner now said, " I know nothing of the charge." The Magistrate said the evidence was sufficient to warrant Mm in committing the prisoner. - He would, therefore, stand committed to the next sitting of the District Court at Hokitika.