RESIDENT MAGISTRATE’S COURT.

Poverty Bay Standard, Volume III, Issue 438, 20 December 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Gisborne, Monday, December 18, 1876. (Before W. K. Nesbitt,"Esq., R.M., and J.B. Poynter, Esq., J.P.) Forging and Uttering. L. P. Dugleaux appeared on remand. Prosecution continued. A Graham sworn, deposed: —I know the accused. I have had several business transactions with him. I remember two Bills being placed to his account for £75 each, dated Ist of August last ; they purported to be from Josiah Tutchen in prisoner’s favor. Their due date was the 4th of November 1876 and the 4th of January 1877 respectively. I recognise the Bill produced for £Bl. The signature, as far as I can say, is in the same handwriting as the other two. I am not acquainted with Dugleaux’s handwriting, further than having seen his signature. The £75 promissory notes were filled in when I got them. I asked him what the Bills were for. Hu said they were for some sections of land sold to Mr Tutchen. He did not say by whom sold. The Bills were placed to my account at the Union Bank for discount. Shortly before the first Bill came due on the 4th November, Dugleaux tendered me the money, saying he wished to get the Bill back. I referred him to the Union Bank. Jt is not usual to take up Bills before maturity. Ou the 29th of November Dugleaux

tendered the money for the second Bill due in January, and I again referred him to the Bank. Subsequently he told me lie got the Bills from a man named Charpentier. Robert Thelwall ctlled, deposed : —I know the accused. We were in partnership for a short time. I recognise the promissory note produced. It bears my endorsement as well as Dugleaux’s. I endorsed it for the purpose of discounting it. It was p iid on account of money due to me privately from Dugleaux. I had not pressed him for money. He did not say how he.came.by the Bill. The Bill was placed to my credit at the Union Bank by myself. Cross-examined by Mr Wilson: I asked Dugleaux about that time for some money, due on account of the partnership. Ho said he had no money, but would give me the promissory note for £Bl. By the Court —I have not endorsed any other Bills purporting to have been made by Tutcheii to Dugleaux. Cornelius Dempsey sworn deposed:—l know Dugleaux. On the morning of the 4th December he came to my house and asked me to lend him £JJ. I let him have it. I did not enquire what it was ' for.

E. W. Mills deposed : —I am Sergeant in the Armed Constabulary stationed at Ormond. On the 4’h of December I was called by Dr. Nesbitt who told mo that a Bill had been forged, and that I had better see to it. Mr Tutphen and Mr Dugleaux were present. I was told the Bill was drawn by Tutchen in favor of Dugleaux. Dugleaux said he obtained it from a man named Charpentier. I asked him what he knew about Charpentier. He said he only knew him through his coming to his shop, during the last 3 months. I think he said his wife only was present when he received the Bill. He said “ I am quite ready to take up the Bill.” We went to Mr Wilson’s office together, aud while there he said he had previously discounted two other Bills for £75. He accounted for Charpentier's name not being on the Bills, because Cliarpontier asked him (Dugleaux), if he would discount a Bill of Tutcheu’s, adding, “ aslhavenoaecountat the bank, I will get Tutchen to draw the Bill or Bills in your favor.” Ho also stated that Charpentier gave him the money totake up thetwo Billsof £75 each. I then went with Dugleaux to the Union Bank and took possession of the Bill. The Bill produced is the same. I then told him to lay an information against Cliarpontier and tell me all he could about the matter, which he did. He gave me Charpentier's description as follows: a little taller than myself (witness) dark complexion, a slight stoop in his shoulder, a peculiar red mirk under the eye —he could not say which ; that be was a foreigner, and spoke German and Italian, but not French. He was a gentlemanly man, aud wore a tall white bat, and black coat. He stayed at the Albion and Masonic Hotels in Gisborne, and at the Shelbourne and Kaiteratahi hotels. I enquired at these houses, but could learn nothing of such a man having been there. I have since heard that a man of the name of Cliarpontier has been introduced to persons here. Matthew Hill told me that such a man had been introduced to him by Dugleaux. Dugleaux said Cliarpontier left Gisborne about liie end of August, or the beginning of September last. This closed the case for the prosecution.

Mr Wilson applied for an adjournment till Tuesday morning, before he opened his defence ; and asked the Bench’s permission to address the Court, after the examination of liis witnesses, instead of before, as usual, both of which were granted. Tuesday, Decemrbr 19th, 1876. Forging and Uttering. L. P. Dugleaux again appeared on remand. Mr Wilson for the defence called

M. Crapp, who stated : I am a billiard marker at present. I recollect a person named Charpentier. He was in Gisborne about July and August last. I recollect a conversation between him and Dugleaux about some land purchases. Dugleaux told him that Captain Read, Mr Graham, and Mr Tutchen were likely persons to buy land. I recognise the bill for £Bl produced. The body of it is in my writing. I handed the bill to Dugleaux who gave it to Cliarpontier. I wrote out two other bills, and they were also handed to Dugleaux. Cliarpontier took one of the bills. I was book-keeper for Thelwall and Dugleaux at the time. Cliarpontier suggested that the bills should be made payable to Dugleaux. I understood that Dugleaux was to get something for discounting the bills. M. Hall, on oath said : lam a livery stable keeper residing in Gisborne. I know the accused. I knew Charpentier. He was in Gisborne about August last. I saw him five or six different times, but I only spoke to him once. Mr Dugleaux introduced hime to me. I have known Dugleaux since his arrival in Gisborne. He has always borne a good character for honesty. M. G. Nasmith, sworn, deposed : I knew Cliarpontier. The first time I saw him was in February last. In July and August I saw him several times. He came in to my shop on one occasion to try and sell his watch and chain. I left Gisborne by steamer on the 20th August. Tutchen was a passenger. I saw Charpentier in Gisborne within a week of my leaving. I have had several dealings with Dugleaux, and always found him upright. Frederick Holford sworn stated. —In /August last, I was billiard marker at the Albion Hotel. I remember seeing Dugleaux in company with a man of the name of Charpentier. I saw him flaying billiards with him on 3 or 4 occasions. Cross-examined by Mr Rogan : I heard Dugleaux call Cliarpontier by name. I remember the circumstance from his peculiar accent. This concluded the defence. Mr Wilson then addressed the bench at some length. He contended that there was no utterring, inasmuch as Mr Thelwall said lie took the bill to the bank himself, contradicting Mr Von Dadelzen’s evidence that Dugleaux took the bill. Then there was no evidence as to Dugleaux’s complicity with the other two bills for £75. He contended that the police had not displayed a necessary vigilance. Dugleaux had no benefit from the bill. Thel wall asked him for accomodation, and. Dugleaux gave him the bill to accommodate him, and not on account of money he owed him. He contended that

the prosecution’s theory that Charponticr was a myth had utterly broke down, for it was incontestably proved that lie had given the bill to Dugleaux ; and asked the Bench to consider the general tenor of the character of the accused, especially with regard to his conduct, and presumably correct version of his connection with the bill: and if there was any doubt, to give him the benefit of it. jffThe Bench considered their decision for twenty minutes, and fully committed the accused for trial, bail being accepted as heretofore.