The Nelson Evening Mail. SATURDAY, NOVEMBER 17, 1866. SUPREME COURT.

Nelson Evening Mail, Volume I, Issue 219, 17 November 1866, Page 2

The Nelson Evening Mail. SATURDAY, NOVEMBER 17, 1866. SUPREME COURT.

CRDIINAL SITTINGS. [Before his Honor Mr. Justice Johnston.] Friday, November 16, 1566. OBTAINING MONEY TJXDEK FALSE PRETENCES,

George Alexander Simpson pleaded not guilty to an indictment charging hini with tiiis offence, on the 27th October last. . .

John Jervis, sworn : I keep the Commercial Hotel. The prisoner was at my liouse on the 27th October last. Jle asked me if I could cash him a cheque, as he had plenty of funds in the Bank of ISTew Zealand, which he could not get until Monday, it being past banking hours. This was nearly seven in the evening. I wrote him out a Union Bank cheque, and turned it into a New Zealand one for wliich he asked. I altered the bank and filled it up for £5, and the prisoner signed it in my presence. I gave him £5. The cheque produced is the same. The cheque was not paid by the bank.

To the prisoner : You did not tell me I could not draw the money for a fortnight to come, neither on the Monday morning nor .at any other time. I should have given you in charge before, if I could have got news from Otago. The telegraph wires were broken and I could uot communicate with the bank there. The inquiries were made from information received from yourself. I never saw the prisoner till he came on the 27th. I understood you to ask me to cash the cheque on the Bank of New Zealand at Nelson, and not at Dunedin.

Oliver Wakefield : lam ledgerkeeper at the Bank of New Zealand, in Nelson. I believe the cheque now produced was refused payment at the bank. I have been nearly two years at the bank in Nelson, and know that the prisoner has had no account there during that time. I know the signatures of all persons having^accounts at the bank ; this signature is not that of any such person.

His Honor looked at the cheque and said he could not admit that the signature on the cheque was that of Simpson, and called the 'attention of Mr. Adams to the fact. He would not withdraw the case as the prisoner had alleged he had money hi the bank.

To the prisoner: I never knew that you had money in the Bank of New Zealand. You might have had before I came to the bank.

The prisoner, who is a Dane, said he was unable to address the jury.. He was not aware that he was doing any harm.

Mr. Wakefield was recalled and said said he had seen the prisoner several times at the bank. On one occasion he had inquired if there was any money in the bank belonging to him from the West Coast. He asked this of Mr. Lyell, the teller, but I don't know the answer. I think it was the same day he presented the cheque. Prisoner declined saying anything except that he told Mr. Jervis he could not gee the money for a fortnight.

His Honor said the matter' came to the simple issue of the truthfulness of Mr. Jervis. Did the prisoner represent he had money in the bank at a time when he had not. Was there any reasonable doubt of Mr. Jervis's statement, the prisoner having failed to prove the contrary. His Honor commented on the imperfect style of the signature, and the want of caution shown by the prosecutor who advanced money on it. The jury found the prisoner guilty. The prisoner said he was an old digger and had been 11 years in New Zealand.

Mr. Shallcrass stated he had a warrant for his arrest," on a similar charge, if he were acquitted on this.

His Honor called Mr. Jervls, and told him to exercise greater caution than he had done. Mr. Jervis said he was imposed on by the business like manner and fair promises of the prisoner, and he cashed the cheque solely to oblige lum. The prisoner having said he was connected with Wanganui, his Honor said he would like to communicate with that place. It was an offence that was far too common, and must be put down with a strong hand. He would not deal with the prisoner as if other charges had been proved against lum. He should pass a light sentence of imprisonment with hard labor for nine months. No doubt at the expiration of this sentence the police would take steps to trace the prisoner's previous career, and to vindicate the law.

The Court was adjourned till 10 o'clock on Monday morning next.