RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 70, 30 August 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

T_u_Bda_, August 28, 1879. (Before R. Wabd, Esq., R.M.) ?BoTiJbTlojr OBDBB*. Matilda Anne Haynes applied for a protection order under the Married Woman's Property Protection Acts, 1860 and 1870, against her husband, Francis Haynes. Order :granted..y - .? » IAEOENT OP A OHEQ,T7B. , William Batchelar was charged by Conr stable G-illespie with the- larceny:; of a cheque, drawn by Edward Green m favor of Robprt: Harypy,. on or about the 26th of July. The police prosecuted, and called Edward <3-reeri, wlio deposed :/I am a hotel keeper residing, at Ekatahuna. I only know the accused from seeipgarrested yesterday. I know a person nariFed Robert Hardy. On the 26th of July last;l. drew a, cheque, m favor of .Robert Hardy for nine pounds nine shilling's, ori the Bank, of Australasia, at ; Masterton.; I • know the cheque was not presented for payment by Robert Harvey. The cheque now produced, marked Ais the one I gave him. Af t er harvey received the cheque from me he lost it, and he stopped payment at, the bank .by my instructions. I have been ; sued before the Resident Magistrate's Court at Palmerston, and judgment obtained against me for the value of this ' cheque. I had- to pay -the amount to John : Octavius ; Batchelar— nine pounds ' nin_ ' shillings. ■{ .Yesterday " I . gave information to the' Police, ,.- ; y - ; Samuel VDawick: on his oath . deposed ; I am a boarding- house keeper, .residing at Pajiuprston North. I : know the accused, • but not his name! He stopped, at riiy board- ; ing-hou-p.pp .throe different occasions; ' Tbe last time was about a month ago. I had a conversation'; with him about a cheque. Hetold me hehad found one on ""he road. The one now produced, arid marked A is for the same amount, and the signature is the same as the one which he showed me. He 6aid he found it near .Ekatahuna I told him it was valueless, and that he had better send it to Mr. Green, or to the bank at Masterton. He did not reply to me. This happened about a month ago, I could not fix the date, but. I think it was on a Tuesday or Wednesday, about a month ago. I told • him to enclose it with his address to the bank at Masterton, or to Mr. Green, and if they gave anything, it would be well and 'good ; if not" j he would '■" hot' 'be' poorer through it. The accused has always been steady and well behaved. The accused did not ask me if I knew who it belonged to, but I told. him it was no use to him. JohriG-Ulespie : lam a constable of police stationed at Palmerston, I received information - from Edward Green that a cheque drawn by him had b«en lost, and hadrbeen picked up by some one.. From informatiori I received I went to I-arere, and met the' accused there, and told him I had come to see him about a cheque, and being m plain clothes I asked him if he knew who I was. He said he did. . I then arrested _iin on the charge of stealing the cheque. He seemed astonished, and said he had riot "stolen it, tliat' he' had picked it up at Eketahpna on the road. _ On the way to the lock-up he told me that-he had sold the cbequp-to- Pepper. I .brpughfc him to Palmerston: and at the lock-up I read the warrant fop- his, arrest over to him, and said I was .going to"^k him r a few questions respecting the cheque, Thiß happened m the presence of Mr. G-reen, Bpfore asking the auestions I cautioned him he need not answer the questions, unless he liked, as that anything he might say I would use m evidence; against him. I asked him if he understood what I meant. Hereplied that he did. Tasked him how he came by the cheque, and he said that when he was travelling from the Waj"_rapa here, hehad picked the cheque up oh the road pear Eketahuna. I asked him how Pepper came by the cheque. He replied that he; "was passing Pepper's shop one day, and that he came out and called him m and said " let us have a look at that cheque you have got." He shpwed it to him, and Pepper took the cheque outside, and returned m a few minutes, and said he would give him a pound for it. Accused said that at first lie refused to sell the cheque, but. being pressed by Pepper he did sell it for one pound, at the same time remarking that Pepper should take all the roponsibihty, BE,CEiyiNGf- STOLEI*" PBOPEETT. Benjamin Pepper was placed m tbe dock, charged with receiving a cheque, knowing it to be stolen. This case was onp arising out of the last, and Constable Gillespie, brought thp. prisoner Batchelar back to the Court to give evidence. William Batchelar deposed : I know the accused, I had picked up a cheque, and as I was passing accused's shop one day ho called me m. The cheque producd is the same, only the writing was not on Ibe back. When I went m be said, "Let me have a look at that cheque that you picked up." I showed it to him, and he went outside with it. After a while he came out again and offered me .a pound for it. I did not care to take it at first, but afterwards J took the pound and said I would haye nothing mora to do with it. I told him how X' come' by thp cheque— that- \ had picked it up on tlie road as I was travelling. I did not purchase a saddle that day, nor did I buy anything from accused. Before I sold the cheque I told Pepper that I had pickpd it up. To Mr. Pryor :. I have been working off and on. for about- six months m Palmerston, b„ . I don't} know njuuli i**i _

seen Mr. Pepper several tines before the day I mentioned, but had never spoken to him ; nor had I ever been m his shop before. I had a shipmate working for him, bnt I had not been to see him, until Pepper •ailed me m. When Pepper took the cheque and went out, he was only a few minutes away. There was no mention made of Mr. Hunter's name, or any other name that I can remember. He did not say he could not get the cheque cashed, nor did he ever offer me more than the pound, I never bought anything from him. My ship mate was m tbe shop when I sold the 1 cheque, and he must have heard what took place. I could not say where the pound came from ; it is possible that some one might have gone into the shop and given Mr. Pepper the pound, before I received it. I do not know a Mr. Hunter, a coachdriver. The cheque produced is for £9 95., but I cannot make out the signature. It's the one I picked up. To the Bench : I did not read the cheque over to Pepper, as I cannot read writing, unless it is very plain. Charles Macro deposed : I am a barman j at the Clarendon Hotel. I know the ac- \ cused, Mr. Pepper. About a month ago he asked me to cash a cheque, -He showed it to me, but I had not it m my hand. The 1 cheque was for £9 9s. 1 saw chat io was for that amount, and that it was signed by one named Q-reen. I could not swear that the cheque produced is the same.. . To Mr. Prybr : My impressioniwas when Mr. Pepper showed me the cheque that it was m order to test its genuineness, and I declined .to express an opinion. , T poultf not say whether Mr. Pepper spoke , to m** since about it. ; John Octaviua Batohelar deposed : I am proprietor of the Royal Hotel, Palmerston North, and know the accused. . I cashed a cheque for him, and the one produced, marked A. is the same. When I cashed it he held it up before me, and asked me if it was good enough, I said I thought it was, as it was Green's, of Ekatahuna. I recognised it as such. He asked me to cash it, and I did so next day, giving him the full value of the cheque. Wh**>h he. brought l the cheque first be said he had-sold- some things, and should get the cash to give change. ....._. To Mr. Eryor i I know Mr. Hunter, who was present when accused came first. I made- the remark to Hunter : that the cheque was as "good as: .gold," and he pulled out another, drawn for £3, and com- . pared signatures."^ "l think when I gave the, money to Pepper he gave £1 to Hunter. I know the accused, and have had dealingsj with him.-which have been pretty straight.' i Constable Gillespie deposed : I arrested; (the acoused this inorhing upon the charge^' after reading tha-warirant over to him. He; replied, "I know nothing. at; all about it." When I tried to arrest him' he p endeavored to escape. ' - U: To Mr. Prybr: I refuse to say what is my custom of arresting > prisoners. I did not ask Pepper any questions. After a lengthy hearing of the charges both Pepper and BatchelarJwereicommitted for trial, bail being allowed for the.iprmjer, himself m £200, and two -sureties of £200 each ; the amount fixed for Batchelar being exactly half. CIVIL CASES.. ; Batchelor v. Green.— Claim, £9 95., being the amount of dishonored chequeV Defendant had given a cheque for the above amount, but the. receiver had lost it, and Mr. G-reen foolishly gave a second one. Thelost cheque-was found* presented to Mr. Batchelarj cashed by : him*- but; dishonored; by Mr.. Green, and the aCtionvwas brought forthe recovery. Mr. Staite appeared for plaintiff, and "Mr.; Hawkins for defendant. Judgment for plaintiff, with costs. Marsh v. Staite.— Claim, £50.. Adjournedtill the second sitting Of the" Court m September. - - ' E. Brightwell j>. Alderson.— Claim, £6 14s. sd. Judgment for defendant with costs.