RESIDENT MAGISTRATE'S COURT.

Mount Ida Chronicle, Volume IV, Issue 206, 7 February 1873, Page 3

RESIDENT MAGISTRATE'S COURT.

Monday, Eebeuaet 3sd. (Before H. W. Bobinson, Esq., KM.) OBTAINING MONEY UNDER FALSE PRETENCES. On Monday afternoon, Ah Youck, alias Ah Chin, alias Ah Wall, was again brought' up -on remand for obtaining money under false pretences, by selling a parcel of spurious gold at the Bank of New South Wales. ' The Government interpreter, Mr. Alloo, was ;in.. attendance. Serjeant M'Cluskey prosecuted, and Mr. Eowlatt appeared for the accused.

' ; Mr. Vincent Adolphus Pyke being called, said: I recollect the accused coming into the Bank of New South Wales, Naseby, of which bank I am accountant, between the hours of 11 a.m. and 2 p.m. He said to me " good day, sir," I said to him "good day," and asked him what he wanted. He said he wanted to sell gold. He placed what I presumed to be gold, in the blower. I cleaned it in the< ordinary way; weighed it, and found it to be 4 ozs. 5 dwts. He said he got it at Clarks. I placed it by itself, in a bowl, and paid him £l6 3s. for it. He then offered another parcel, wrapped in paper. I cleaned and weighed this also, finding it to be 2 ozs. 12 dwts, 18 grains. I paid him £lO os. 6d. for it. I placed this second parcel in a bowl with another parcel previously bought from a European miner. Accused'then left the bank, saying "good day, sir." Being suspicious of the color of. this second parcel; I tried a sample of it with the blowpipe, and found it to change color, which change of color, implied a spurious article. I then-tested the first parcel, with a similar result. I then called-in the bank agent, who tested the gold. I subsequently gave information to the police..

Cross examined by Mr. Rowlatt. .My duties are to keep accounts, and purchase gold. I have been, on the G-old-fields twenty-two mouths.' I have no interest in this prosecution, and do not expect to be held liable for the gold. I learnt to buy gold hfre. I have seen several different kinds of gold, half a dozen or more. I have bought gold from Clarks, genei-ally two varieties, one fine and scaly, the other bearing a water worn appearance. The sample I; purchased from accused, appeared to represent this latter class. I would not say that without trial, I could tell this parcel in dispute was spurious. Have seen the accused on several previous ccasions. We use the blow pipe for cleaning gold in certain states, amalgam, for instance. Had all necessary apparatus when I bought the gold. At times, parcels of gold have been offered, one half sand. We have acids for testing gold. I had a slight suspicion, which was satisfied when lie-said he came from Clarks. It was oh* my judgment of gold generally, and my personal examination of these parcels, that I bought them. The suspicious color implied quicksilver. Mr. Grrumitt said : I am : the agent of the Bank of New South Wales, at JNaseby. I remember being called into the bank, by Mr. Pyke, on the 17th, between the hours of twelve and one. He showed me two parcels of gold, one mixed, and the other in a blower. I pronounced both spurious. ' The distinction of the good and bad in the mixed parcel, was apparent by the color. ' I tested the parcels, and found them to contain a large portion of copper. I melted a. sample into globules, and most ot the base metal evaporated. I took possession of the parcel on the blower, and after taking an ounce to send for assay, found remainder to weigh 3 ozs. 5 dwts. I produce this parcel. Cross examined. I would not have bought this gold. I should not have tested it, but refused to buy. In buying gold,. I buy upon my own knowledge, not on the seller's representation. I should have thought from the test that one-half was probably gold. Re-examined: I don't,think any person not acquainted with spurious gold would have detected the imposture. By the Court*;;. I am satisfied that this gold is not native. It has been tampered with —been manufactured.

Mr. Pyke, being re-called by the Court, said: I banded over tbe parcel (kept separate) to Mr. G-rumitt, and be has bad charge of it since. Constable Booney, of Macraes, gave evidence as to apprehending the prisoner and conveying him to Naseby lock-up. Sergeant M'Cluskey deposed to interviewing the accused at Macraes. I asked him "Where you get bad gold you sell to bank ?"' He said, " Last Thursday me get it from Chinaman for £lO. Me then divide—one little, one big—and put. in some gold me get at Clark's. Me then sell it to young fellow at the bank next Gay Tan's. Me get £l6 3s. for big, and £lO for little." He told me be had paid £6 to Ah Chin, £9 19s. to three Chinamen at Clarks, £2 to Gay Tan's uncle, and 12s. to the butcher. On being cautioned by the Court, accused said nothing, and signed it. Mr. Eowlatt ably argued that no false

pretence had been proved. The "bank agent and the accountant both said that in buying they bought on their own.judgment, and were therefore responsible for what they bought. Counsel quoted cases in point.

The Court held that the cases quoted differed in this : that the articles tendered were not iDresumed to be of native ore, but were of necessity manufactured to a certain extent, and therefore the judgment of an expert became necessary ; but in this case a small arnormt of depsndence had to be placed upon the seller, and the Court must hold that there had been a violation of trust. These, however, were nice points of law, that hardly were to be decided upon by this Court. The Court must hold that a prima facie case had been made out on which to commit. The accused accordingly stood committed to take his trial at the Supreme Ccfart.