RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1106, 26 July 1882, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Wednesday, 26th July.

[Before M. Pbicb, Esq., R.M., and a Native Assessor.] Police v. Hebenia Kahawai.

Obtaining money under false pretences from Mr E. K. Brown of Gisborne, by means of a false cheque. On the application of Sergeant Bullen this charge was withdrawn with the object of substituting the graver indictment of forgery. Herenia Kahawai was then charged on the information of Sergeant Bullen with having, on the 21st of June, 1882, forged the name of Joseph Hamon to a cheque on the Bank of New Zealand, Gisborne, for £lB, with intent to defraud.

Alexander Allanach, sworn, deposed: I am an hotel keeper in Gisborne. I know the prisoner. He stayed in my hotel as a lodger. He came about the 19th of June last. He gave no name when he came to lodge with me, but paid cash for everything up to the morning of the 21st, with the exception of three shillings for a bed and a meal. On the morning of the 21st of June, I asked him for payment of that amount. He replied that he had plenty of money in the Bank of New Zealand, and that he was going there bye and bye. In tho course of the forenoon, prisoner came and asked me for a blank cheque. He spoke in English. I understand Maori a little. Ho said he wanted a Bank of New Zealand cheque. Up to this time I did not know his name. I got him a blank cheque and handed it to him over tne counter, No one else was present. lie then asked me to fill it in for him. I asked him who it was to be payable to and he gave me a Maori name which I put in the cheque. I asked him for what amount, aud ha said £lB. This conversation was in English, there might have been here and there a word of Maori in it. When 1 had completed filling in the body of the cheque, I handed it over to the prisoner. He gave it to me back saying in English, “You sign my name for me.” I asked him what his name was and he said his name was “ Joe Hainund.” He said he could not write. I signed that name for him. I then gave him the cheque, he said, he was going to pay for some cattle and sheep. Cross-examined by Sergeant Bullen: I asked him to spell his name, he did not do so but repeated “ Joe Hamund” again. I took the spelling of the name “ Joe Hamund ” from the sound that the prisoner gave in his pronunciation of the words. I don’t remember the Maori name to whom the cheque was made payable. I produce the butt of the cheque. The cheque now (exhibit marked A) handed to me is the cheque I signed for the prisoner in the name of “Joe Hamund.” I signed “ Joseph ’’ not “ Joe.” That is the cheque. He never said anything to me afterwards about payment of the cheque being refused. The prisoner had no questions. By the Court: After I gave him the cheque he returned to my house, and left it the following day. Up to the time of his giving the name of “ Joe Hamund,” he was known in the house by the name of “ half-caste.” I had no previous knowledge of the prisoner. When he asked me to draw out this cheque he told me ho had plenty of money in the Bank of New Zealand. I asked him whether he could write, and he said “ No." It did not occur to me at the time to question him about his name. I wrote the name “ Joseph ” because I understood that to be his name. I asked him when I signed his name whether it was right, and he said “ Yes.” I read the cheque over to him after I had written it, and he said it was right. I distinctly read “ JosephHamund” as it is written. I have no doubt that he clearly understood mo about the name “ Joseph Hamund.” He did not pay me the money he owed me out of this cheque. I asked him pointing to the name of “ Joseph Hamund,” whether that was right, and he answered “ Yes.” I know nothing at all about the prisoner or this cheque, beyond weat I have stated. The name to whom the cheque is payable is “ Ranginui.” Prisoner declined to cross-examine. Edward Knight Brown, sworn deposed : I am a merchant residing in Gisborne. I know the prisoner. On the morning of the 2.2nd of June he flame to my store and said he had 80 sacks of maize at the Mahia for sale, and wanted to know if I would buy them. I bought them at 4s per bushel and got a sale note from him. I wrote the sale note out, and he signed it in tny presence, “ Hone te Kani " ho also said he had 80 sacks of wheat, and 6 bales of wool, which I told him to bring, ami I would pvo him full fflftrkrt price Lt tlipuii 4,M»»iig«dio ■

send tho schooner Gisborue for it, but did not do so. I identify the sale note (exhibit B) as the one in question, which I wrote and he signed, I also got him to write his address. I recognise this address on the exhibit marked C, “ Hone te Kani Otemahia.” as the prisoners writing, done at my request. He then produced a cheque on the Bank of New Zealand, purporting to be signed by Joseph Hamon, for £lB. The cheque produced (exhibit A) is the cheque the prisoner asked me to change for him. I asked him who Joseph Hamon was (this conversation was in Maori, which I understood sufficiently to carry on business with) he said Hamon lived at Ormond, and that he got the cheque for ■wages, but I don’t remember whether he said from whom. I said I could not change it. I did not question him further. He appeared anxious to get the money as he was going inland to shift a mob of cattle he had there. I told him he could cash it at the Bank, and he replied that the Bank would not be open tor an hour. It was then about 9 o’clock a.m. He then asked me to give him some cash, and my cheque for the balance. I then began to think there was something wrong, and told him I would go into the house and ask my brother, who was in the Union Bank, if he recognised Hamon’s signature. At this he appeared alarmed, and wanted to know what my brother was. I told him that my brother having a large number of cheques constantly passing through his hands, might be able to identify the signature I then went to my brother. On my return, I told the prisoner that my brother was not sure about the signature, and I gave him the cheque back, He then wanted a little silver to Carry him through the day. This I also refused, and he then went away. I subsequently went to the Bank to make enquiries about the cheque. Prisoner declined to cross-examine, Joseph Hamon, sworn deposed : I am a farmer residing at Wnerenga-ft-hika. I know the prisoner by the name of " Heremia." He never worked for me, but he was for a long time in my neighbourhood, working with Mr Bruce, who lives about a mile from my farm. I generally pay my servants by cheques on the Bank of New Zealand, where I keep my account. I know a Philip Hamon, residing in Ormond. I know no other Hamon in the District. I never authorised the prisoner, or anyone else, to sign oheoues in my name, or draw on my Bank account. He has no authority from me for anything of the kind. The cheque (exhibit A) I never saw, until I saw it in the hands of the police. It is not drawn by me, The signature of “ Joseph Hamon " which is on it, is not mine, Prisoner declined to cross-examine, Alfred Barnes, sworn deposed : I am teller in the Bank of New Zealand I only know of one " Joseph Hamon ” having an account in the Bank of New Zealand, and no account in the name of “ Joseph Hamon in that Bank. J. Hamon recalled, said : I spell my name “ Hamon,” The name on the cheque produced (exhibit A) is spelt “ Hamund.” That is not my name at all. In answer to the Court the prisoner said his name was Heremia. The name of his father was Kahawai. Heremia was his proper name. The prisoner after being duly cautioned by the Court, was asked if he wished to say anything, and he replied in the negative. The Magistrate then adjourned the case pending the arrival of a telegram from Napier. The same prisoner was then charged with having on the 22nd of June, at Gisborne, forged and uttered a cheque on the Bank of New Zealand, purport, ing to be signed by Joseph Hamon, for the sum of £4.

Alex. Allanach, sworn : (The evidence up to a certain point, was a repetition of the previous case.) On the 22nd of June, after breakfast, prisoner asked me for a second blank cheque, I got one out of my book, and he asked me to fill it up, making it payable to a name which I forget. The cheque produced, which I wrote at the request of the prisoner, (marked A) is the one, it is payable to Rewi for £4. I identify the cheque. I cannot say whether I asked him to sign his name or not, he having told me the previous day that he oould not write. I signed the name he gave me on the previous occasion. I cannot say exactly whether he then asked me to sign the same name. I had the name entered in tny books. I signed the name as it stands because the prisoner told mo on the 21st that that was his name. He did not then say what he wanted the money for, nor did he ask me to cash the cneque. By the Court: To the best of my belief he told me to sign the name “ Joseph Hamon ” to that cheque. I read the cheque to the prisoner after I had written it, and handed it to him pointing to the signature “ Joseph Hamon ” and said “ie that right," He said it was.

Prisoner declined to oross-examine, and the Court adjourned.