DISHONORED!

NZ Truth, Issue 1185, 16 August 1928, Page 7

DISHONORED!

A Belated Forgery Charge Fails

(From "N.Z. Truth's" Auckland Rep.) A cheque which had gone three months before being dishonored, was used as the basis of a charge of forgery brought against Robert Stewart Wylie, 39, a smart looking, well set up young man, who sartorially affected grey, and presented a dapper appearance as he stood In the dock, before Justice Reed, at the ' Auckland Supreme Court last week. WYLIE, it seems, was travelling the Paeroa district with a patent vaporiser and decarbonizer for motorcars last October, and while at that rural centre, he went into the shop of Frederick Charles Blythe, bookseller, to purchase some tobacco and cigarettes, tendering m payment, a cheque purporting to toe signed by one, A. Butler. s The obliging store-keeper cashed the cheque and handed over the change to Wylie. In due course the cheque was presented at the bank, duly, honored and placed to the credit of Blythe. But three months later it was dishonored, and returned. Questioned by Lawyer Singer, the fltore-rkeeper admitted that Wylie had paid several visits to the shop while he was m Paeroa even after he had presented the cheque, and he was m the habit of asking the witness to cash oheques, which ho had allegedly received from purchasers at various times. DISCOVERY 1 It was sworn to by a member of the staff of the Bank of New Zealand that the forgery was not discovered until the end of January. Sergeant . Calwell, of Waihi, related how Wylie had been traced, to Opotiki, where he had .been m hospital, and on being accosted .with the forgery he gave' the sergeant a statement, the purport- of "Which was that when he w.as at Paeroa there was a man named fiairy stopping there, and he had borrowed a cheque form from Barry. '■ The purchaser, of his vaporisers and earbonlzers had got a reduction for taking two, and had signed the cheque whioh Wylie had filled m. It was shown that the forged cheque was from Barry's book, but since the cheque incident, Barry had gone to a better land. . . Moreover, so far as the police officer knew, Wylie, when confront- - ed with the forgery, did not know that Barry was dead. "Barry's death appeared to be news to him," as the sergeant said. • v Crown Proseoutor Meredith called Clarence CeoU Spedding, an ex-bank manager, now a handwriting expert, who gave, It as his opinion that the writing on the cheque, the signature "A. Butler," and the writing on the margin of Wy lie's- statement, and his signature were, all the work of the same. man. Questioned by Lawyer Singer, Spedding replied that he knew when he was examining the cheque that it was suspected of being a forgery, but this was not influencing him at all m his conclusions. Lawyer Singer produced a magnifying • glass which he passed over to Spedding to make a careful examination of the penmanship, remarking as he did so: "I carry that- around for handwriting experts— they never seem to bring with them their articles of •trade." . ■ • Spedding examined the writing with the aid of counsel's glass,' but held to his opinion. . WASN'T HIS Giving his occupation as retired, an elderly man, A. Butler, swore that the signature ,on the cheque was not his; the cheque had been debited to his account,; but he had repudiated the signature, and m consequence, ; the cheque had ibeen dishonored. Lawyer Singer asked whether he should address the Jury. . Hip honor, having considered a minute or so, admitted that the case was a very weak one; It all depended upon the handwriting expert, but he thought that the lawyer should address, the Jury. This, counsel did ibriefly. It was unfortunate, commented the Judge, that the forgery was not discovered earlier, and equally unfortunate that no action "was taken until Barry was dead. Had the forgery been •discovered at once, full enquiries could have been made. "As far as the accused Is concerned, he must have known that if the cheque was a forgery, inquiries would have been made m a week or ten days. I suggest It is far too dangerous for you to find the accused guilty on this charge." Speddlng's evidence, concluded the Judge, was all there was to go on, and all he had was the signature on the cheque, while accused admitted filling m the 'body of the cheque. . Without retiring, the Jury gave a verdict of not guilty. imaum n n mil » IIMMt ■