MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 391, 30 July 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. (Before T. \Y. Parkek, Esq., 11.M.) DKUXIC A>'D DISORDERLY. Dennis M'Anley, charged witli having been drunk and disorderly last evening, was fined 10s., with the alternative of 48 h ours" imprisonment. COAL STEALING. John Leary was charged with having yesterday stolen a piece of coal, weighing 141b5., from the railway premises, the property of the Government, and valued at 4jd. Accused said he got the coal off the beach. Sub-Inspector Smith prosecuted. George Amos deposed that the coal was stacked outside the engine shed. The accused had no right on the railway premises. During the last few months a great deal of coal had been stolen from the coal stacks. Constable Hawkswortli stated that about 3.30 p.m. yesterday he noticed the J accused walking along the beach between j the creek and the railway station, and j flom the direction of the coal stack. He j was carrying a piece of coal (produced) i under his arm, and was looking towards j the railway embankment. Wimess | noticed accused put the coal behind his |

back, when he saw witness. He (witness) walked up to the embankment, and noticed accused walk on to the beach, but without the coal. He then asked accused what he had done witli the coal, and accused accompanied him to where the coal was lying, hidden by a piece of tin. The coal was quite dry, and did not bear the appearance of having been in 110 sea. Accused told witness that lie had not done any work for two years. Joseph Jenkins stated that live weeks ago, about 9 o'clock at night, lie found the accused crawling over the coal heap, and asked him what he was doing there. Accused asked what business it was of his (witness'). He then told accused if lie did not go away he would set the bulldog upon him. There was no thoroughfare there. In reply to accused, witness said he did not see him take anything away that night. This was the case for the prosecution. The accused repeated the statement that he had found the lump of coal on the beach. His Worship ordered the accused to be imprisoned for seven days, with hard labour. STRAY CATTLE. The following fines were inflicted for allowing cattle to wander at large: David Heron, one cow, 55.; William Hall, one horse, 2s. (3d. Ileron did not appear. FALSE ri'ETEXC'ES. William Clark, a Has William Clark Earl, was charged with having, at Waitaki, on the 13: h December, 1575, obtained the sum of L 5 from Win. Janiieson by means of false pretences. There was a second charge against the same prisoner of having, on the lGth December, 1875, obtaineel L 25 from Wil- ' liam Janiieson by means of false pretences. Prisoner pleaded "Not Guiity." SubInspector Smith conducted the prosecution. William Janiieson deposed that he knew the accused. lie knew him for about four months at the enel of the year 1575. Witness was then supplying people at the Waitaki Bridge. IJe supplied accused with groceries for one mouth to the amount of Li 10s. lid. Some time before the 13th December, 1575, he received L2 on account from the prisoner. On the 13th he saw the accused and asked him for the balance of the account. He replied that he had no money, but would give him a cheque. He (witness) agreed to take tiie cheque, and prisoner gave him one on the Bank of Neiv Z.aland, Christchurch, and he gave him the balance (L2 4s). Tiie cheque produceel is the one uiven to him bv the prisoner. He had tilleel in the body of the cheque and the prisoner signed. He afterwards paiel the cheque into the National Bank, Oamaru, on the 14th, anel it was subsequently returned to him dishonoured. Prisoner had told witness previously that some land which he hail owned in Christchurch had Ik en sold, and that he had received a Utter telling him that the proceeds had been paid into the bank to ins credit, and that he was told in the letter to sign the cinques as W. C. Earl. On the 14r.1i and 16th of the same month he saw the prisoner in Oamaru. On the 1(5 til he saw him at Mansfield's boarding-house. On that day he (wil'.n s.s) endorsed the cheque produced, which is signed " W\ C. Earl," and is for the sum of L 25. In consequence of having endorsee! the cheque he had had to pay the L 25 named in it. He enelorsed the cheque oil the strength of the representation made to him by accuscel about the sale of the land. Prisoner saiel he had no question to ask. John Locke, formerly manager of the National Bank at Oamaru, deposed that the cheque marked A, produced, had been paiel into Win. Jamieson's account at the National Bank, Oamaru. It was transmitted in the usual course to Christchurch, and was returned endorseel " no account." lie knew the cheque marked "B." He first saw it on the 10th Dee., 1875. The body of it was tilleel in byMr. Harvey, who was teller in the .National Bank, Oamaru, at the time. To the best of his recollection the cheque was signed by prisoner at the bank counter. Prisoner came to the bank on the forenoon on fhe 10th December, and asked if he (witness) would cash a cheque for him. Witness replied that accused was a stranger, and he could not do it for him. Prisoner said that he had property in Canterbury ; I that he had left the deeds with Mr. Cox, and that he had received a letter from I either Mr. Cox or Mr. Coster, t. lling him j that the property had been sold anel tiie ! money placed to his credit in the New I Zealand Bank, Christchurch. Witness j asked prisoner if he hael the cheque, and i he replied that he had lost it. Witness j told him that he would c ish the cheque if lie got some well-known person to be respous ble for the amount. Prisoner j replied t at he knew Mr. William Jamieson ; and witness told him that if he got the cheque enelorsed he woiikl cash it. The accused afterwards brought the cheque back endorsed, and wvtness instructed the teller to cash it. The cheque was sent to Christchurch, anel returned endorseel "No account." Mr. Janiieson was then called upon to pay the amount (L 25) ; and fie did so, having j endorsed the cheque. | Prisoner did not cross-examine the ! witness. j Winslow Woodward said he was teller ! at the Bank of New Zealand, Christ- ; church, and held that position in Decern- j ber, 1575. The two cheques produceel Were presented fur payment by the 1 National Bank, an I elisnonouivd. There was no person signing " \V. (J. E-irl " [ with an account in the bank. The words j " No account " on the back of the cheques I

are in the handwriting of t e ledgerkeeper. He had never seen the prisoner before. This was the case for the prosecution. The prisoner, in reply to the usual question, said ho would reserve his defence. His Worship said that, having heard the evidence, he could only come to 0110 conclusion. He would commit acjm.ul for trial at the next sitting of the D.strict Court for the hearing of criminal cases, to lie held in Oamaru, on the 7th September next.