TWO FORGED CHEQUES.

Pukekohe & Waiuku Times, Volume 3, Issue 201, 5 June 1914, Page 2

TWO FORGED CHEQUES.

One Cashed at Mercer. Merry-go-Rounder Charged. J Verdict of Not Guilty. In the Auckland Supreme Court on Monday, Norman Nixon, alias Hurace Cornish, was charged on four counts arising out of the alleged j forgery of a couple of cheques. He WBs charged that at To Aroha, en 14th February, he had forged a cheque for £lO 0?, and that on 2nd Mareif, knowing the document to have been forged, i.e had attempted to cause one Wm. Charles t'oote (bank accountant) to act upon it us if it were genuine; and further, that by fal?e prtterce?, with intent to defraud, In had attempted tu obtain £lO ds. The accused was also charged that at Mercer, on 16th February, he had forged a cheque for k!f) and by tale |.rcteiKCß trail ulently oLt ■ i id the s'jm of i.'s Ha tij from r,n > Violet Louise Pickctr. He pleaded not gui l•. ani was dffendrd Ly Mr ,1 H. Lnnilon. The Crown Prcsecutor 'Hon. J. A. Tol?. K.C.), in opinngt'c cis.> for the Crown, .-aid ih.:t the accused had been employe I in Aucklnd and at Mercer by the proprietor .TO3MIO of a merry-go-rcund. At ths end of January Costello paid him off iii cash, and received a clearance. C"3tello diJ i.ot have a bank account and could /tot give cheques. Fatly in February tin acces-d got hold of a blank eluqi", made it out for £lO Gs, a: d presented it at the bank at Tc Aroha. It was subscqjrntly "referred to drawer" as being inegular. Accused hail said that lie tot the chiquj fr in Costello in wages. It would be Blown that accused went to several sh pa in Tc- Aroha in an attempt to get tlm cheque cashed. '■ he other cluque, for £5 15s, wes pre - sented to the daughter of the hotel prop i-tor at Mercer. She bad referred it to h:r father, who had passed it, and the cheque was cashed for £4 14s Gd. Accused story was that he had gat Uo cirques Tom the proprietor of the merry-go-round. Evidence yvas given by Joseph Patrick Costello, win bad employed Nixon, alias Cornish, on his merry-gc-round; by Hugh McUuire, of fie L»yland-OTJrien limber Company, who had provilcd accused with a blank cheque; William Cnarles Cocte, of the Bank of New Zealand branch at To Aroha; George Wilfred Drummond, seme time fellow-lodger with Nixon, alias Cornish, at I'e Aroha; Rose Pickett, daughter of the hotel proprietor at Mercery Chudc B. Bennett, of J. B. Massey and Co.. where the accused tried in vain to eecjre a bla-k che(|ue; Geoige Ford Hill, second-hand dealer, whose cheque had been alleged to be forged. Counsel for the accused and the Hon; J. A. Tole. K.C.. having addressed the jury, His Honour proceeded to sum up. After explrining the nature of the charges, His Honor called the attention of the jury to some peculiar features jin the defence set up. Forgery was usually a rather simple matter for a jury to deal with, and so it would have been in this case, but ' for the remarkable defence. 'lhe I jury must dismiss from their minds ' any suggestion of ill-treatment of ; the accused by Costello, If the accused had not been paid, then he should have the matter settled by a ■ magistrate. The non-payment of wages was no excuse for commit- ! ting forgery. With regard to the i uttering of the cheques, the fart

that there was ro concealment 0:1 the part of Uie accused was in his favour. The defence set up was that Costello owed the accused £2l!, and Costello therefore wanted to «et rid of the amused in some way. The jury had ttrrefore to consider what that meant. The det'-ncc involved allegations of forgery, conspiracy and perjury on the part of Costello and conspiracy on In? part of Mulvey (apparently partowner with Costello). It seemed rather absu'd to surest that Costello would commit two forgeries and pcijury when ho would not benefit financially. There was a good deal said about tlio handwriting on the ch£t|jcs. Tlus: documents would be handed to the jury, together with specimens of handwriting of Co3t?llo and accusal, am. they could draw their own deductions. The cheque for £lO lis w'as in better handwriting than either that of t'jsiello or accusal. It was HuH'cient lor tho defence to raise such a doubt in the jury's mind that even though they were not prepared to s-ty CosUllo and Mulvey were guilty of the implied charges, yet they must give the accused the benefit ot the doubt. But if they thought the defence was unreasonable, then it was their duty to return a verdict of guilty. The jury retired, and after being out for fijmc time returned with a verdict of not Ruiil> on all counts. Accused was accordingly discharged.