District Court of Hawke's Bay.

Hawke's Bay Times, Volume 8, Issue 427, 8 October 1866, Page 2

District Court of Hawke's Bay.

CHIMIN AL SITTING. (Before Eis Honor C. D. P„. Waiu>, Esq,, district Judge.) Saxceday, 6ru Octoeeb. The District Court was opened on Saturday, 6th October, for the despatch of Criminal business. His Honor the Judge took his seat at 10 a.ia. On the names of the j urv bein iT called ever, John Baty and Massey Hutchinson were found to bo absent, and were fined TJa each, if unable to show sufiicient cause. William Hobinson was exempted, he being 65 years ot age, atul his name was or* dered to be struck off the jury list. The following jury were sworn’: —Geo. Spence, James Peacock, Peter Barry, Henry MT’iiersou, Patrick Cosgrove, James Cheer, W illiam Crosse, George Bee, William Bcaglcy, John Martin, P. M'ilardy, William Underdone. OBTAINING HONEY HS.DEE I'ALSE PRETENCES. John O'Gowan.Smith was charged with obtain* ing money and goods from Lawrence Higgins under false pretences. The prisoner pleaded “ Guilty, hut not with intent to defraud,” which was ordered to be recorded as a plea of “ Not Guilty.” Mr Cuff appeared for the prosecution. Prisoner was undefended by counsel. The following evi* deuce was taken : Lawrence Higgins deposed : — I am a boot* maker, residing at Napier. On the afternoon of Saturday, 2t)th September, between two and three, the prisoner came to my shop to buy a pair of boots. He bought a pair worth £1 15s, for which he tendered mo a cheque on the Bank of New Zealand for £(> 10s. [Cheque produced and idea* tified.] I gave him tue boots, and £i 15s change. He then left. My suspicions being aroused about the cheque, I went to the Bank, which was closed. The Manager came out and told me ho did not know without reference whether the person who drew the casque had any account at the Bank. He afterwards sent to tell me that there was no such account. I did not know the prisoner. Sidney deposed :— I am Manager of the Napier Branch of tue Bank of New Zealand. I remember the Bfith September last. The prose* cutor came to me and asked it a certain cheque was good. The cheque produced is the one. Ua reference to the books 1 iound that there was not, and never had been, any account in the name of the person who drew the cheque. In bis defence the prisoner fully admitted the truth of the evidence, bat said that he intended to deposit some money in the Bank us soon as it was opened on Monday morning. Ha knew wheu he gave the cheque that the Bank was closed, and did not expect that the prosecutor would go to the Bank to enquire about it. His Hooil then read the evidence to the jury, and said that, if they believed it, the case was clearly made out. Tor a person to draw a cheque on a Bank with which ho had no account, whether he intended to open one or not, was certainly to use false pretences. The jury, without retiring, found the prisoner “ Guilty.” His llonos then sentenced him to twelvo months’ penal servitude, aud dismissed the jury with the thanks o\ the aud the Colony.