DISTRICT COURT.

Oamaru Mail, Volume III, Issue 654, 7 June 1878, Page 2

DISTRICT COURT.

THIS DAY. (Before if is Honor District .linlq-o WAnn.) His Honor took his seat on the Bench at 11 a.m. UTTERIXi; VALUELESS CHEQUES. Frank Pogsou, alias Reader, was indicted with having, at Oamaru. on or abfiut the Kith April last, uttered a valueless cheque for tho sum of LlO, with intent to defraud Gustavus L. Longford, Mr. White, Crown Prosecutor, conducted the prosecution. The prisoner, who was undefended, pleaded Not guilty. The following jury was cmpamielcd :• David Hay (foreman), Daniel Toohcy, Anthony Pateraon, "William Ward, James Williams, Robert Morrison, James Kay, Denis M'Beath, John Guthrie Robertson, Charles Jessep, Matthew Grant, and John Campbell.

The witnesses called in the case were Mr. Longford, of the Stai" and Garter Hotel, and Mr. Walter D. Perkins, a clerk in the Bank of Australasia, Christchurch. The facts of the case are still fresh in the memories of our readers, and need not be repeated. In reply to the prisoner, Mr. Perkins said ho believed there had been an account in the Bank in favour of Reader.

The Crown Prosecutor briefly addressed the jury, more particularly on the law relating to the passing of valueless cheques. When asked if lie had anything to say. or any witness to call, the prisoner said : When he left home there were two sums of money due to him—one of Ll4 and another of LSO. He gave his wife instructions to get this money and place it in the Bank to the credit of Frank Pogson (Pogson being his wife : s maiden name,

and assumed by him). Hii w : ife received the Ll4, but having had to meet pressing cases and household expenses, was unable to place the money in the Bank. The LfiO had not yet been received. He gave the cheque for LlO on the Kith April, and did not leave until the 24th—during which time lie believed the cheque to have been presented and honoured—thereby showing that he. had no fraudulent intentions. lie had no witnesses to call, those who knew him having been supporting his wife for some time past, and as he had no means of meeting expenses, could not trespass further on their kindness by requesting them to come here at their own cost; but, as testimony to character, would mention the fact that he had been in the Government service for five years—from 1873 up to March last. He knew he had acted wrongly in issuing the cheques when he was not certain the money had been placed in the Bank to his credit, but otherwise was perfectly innocent. He had nothing further to say except that he hoped his Honor would deal as leniently as possible with him, and remember that he had already been seven weeks in prison, during which time he had voluntarily worked, The Judge summed up very briefly, and asked the jury to consider their decision. The jury wished to retire, and, after a short absence, returned with a verdict of Guilty, but with a strong recommendation i to mercy. j

5 ANOTHER CHARGE. A second charge was also preferred against the same prisoner for having, on the 24th April, passed a valueless cheque for L 7, with intent to defraud Gustavns L. Longford. Mr. White again prosecuted. Prisoner pleaded not guilty. ' The jury empanneled -were Daniel Toohey (foreman), Denis M'Beath, Jolm Campbell, Robert Morrison, James M. Todd, Charles Dansey, James Kay, William Black, James Williams, William Ward, Thomas Robertson, and John G. Robertson. The evidence in this case has also been published. In reply to prisoner the witness, Edward Browne, said that the prisoner had not in any way attempted to conceal his departure, or where he was going to. Mr. White having addressed the jury for the prosecution, and the prisoner on his own behalf, liis Honor briefly summed up. The jury, after retiring for a few minutes, returned a verdict of Guilty, with a recommendation to mere}'. His Honor then sentenced the prisoner to six months' imprisonment with hard labor on each charge. The Court then adjourned.