MAGISTERIAL.

South Canterbury Times, Issue 2141, 31 January 1880, Page 2

MAGISTERIAL.

TIMARU—THIS DAY. [Before His Worship the Mayor.] UTTERING A FORGED CHEQUE. Dermis Barrett was charged with the above offence George Gregg, barman, recollected the accused coming to the Queen’s Hotel, between 10 and II on the night of the 26 th. He called for a drink and tendered witness the cheque produced in pajmient. The cheque was not signed. Witness told the accused the cheque was no good, as there was no signature to it, and asked him where begot it. He replied from “Johnny Gibson,” and added that he had been working for him. He then replaced the cheque in his pocket book, and said he would pay for the drink in the morning. After he got to the door ho returned and asked witness if ho had got a blank cheque in the house. Witness told him he had none. He said “this cheque,” taking the cheque out of his pocket-book, “ will do all the same.” He then asked witness for pen and ink which witness gave him. He then said he coud not write, and asked witness to sign his name to the cheque. Witness thereupon asked him what his name was. He said Daniel Barrett. Witness told him he could not sign his name unless he put his mark to it; he placed a cross on the cheque in witness’s presence. Witness asked him if that was the way he was in the habit of signing cheques. He said yes. After accused placed his cross to the cheque witness Ailed up his (accused’s) name. He then put up the cheque and put it away. The accused declined to ask the witness any questions, but said that he did not recollect who signed the cheque. His Worship reprimanded the witness for his carlessuess in signing the cheque. Accused to witness : “Did I tell you that I was working for Gibson at the time.”

Witness : “ You did.” Accused : “JS'ow, mind what you say.” David Popplcwcll, chemist’s assistant, said he recollected the accused coming to the shop on Jan. 26, and asking for a blank cheque, which witness gave him. He went away, hut returned

shortly afterwards and asked for another cheque. Witness gave him this cheque also. The book produced was the one that one of the blank cheque was taken from.

Mr Hamersley here entered and apologised for not being present earlier. Had he known that the Court would sit at 10 o'clock, he would have been there then. He was appearing for the accused, and would ask leave to read over the depositions. The request was complied with. The accused was asked if he had anything to say in answer to the charge. Accused : “ I was drunk at the time when I got the cheques.” Mr Hamersley here remarked that accused would reserve his defence. Accused was committed to take his trial at the next sitting of the Supreme Court. The charge of obtaining money by false pretences from Mr Gibson, of Saltwater Creek, by means of a valueless cheque, was not gone into, Inspector Pender asking for a remand until Friday. Accused was accordingly remanded on this charge. (Before B. Beetliam, Esq., P.M.) FRAUDULENT REMOVAL. His Worship proceeded to give judgment in the case against Francis Arthur Sims, charged with the fraudulent removal of certain goods the property 7 of the National Bank, Timaru. The whole case, his Worship remarked, turned upon two questions. Firstly, was there an absolute sale of the property ; and, secondly, was the accused in cure and custody as agent of tbe bank at the time of the sale ? The case was one for a jury to decide. The accused was then committed for trial at tbe next criminal session of the District Court, bail being accepted for his appearance, himself in £IOO, and two sureties of £IOO each. LARCENY OF A SILVER MATCH. Charles Arthur Kelly was charged with the larceny of a silver watch valued at £4 10s, the property of Alex. Milne. It appeared from the evidence that the prosecutor, who is a road contractor, residing at Waimate, came into town on Wednesday last, having a silver watch in his possession. He was drinking during the day and also during the evening. On Thursday morning he found himself at the Melville hotel, but the drink he had taken had prevented his remembering anything about how he got there, and his watch was gone. Mr Richmond, licensee'of the'Mellville Hotel, deposed to receiving Milne into his house on Wednesday 7 night. He was very 7 drunk at the time, and witness looked after him. He was lying in the gutter by the hotel, and witness saw the accused—who was at the Melville twice during the evening—pass by the house with two mates of his while Milne was lying’ by 7 the hotel. Constable Smart deposed to the arrest of accused on another charge on Jam 20th. On searching him the silver wateli produced was found on him and claimed by him as his property. The day fol'owing his arrest he wiu lined 20 ; at the B.M. Court, Timaru, and was discharged, signing for the silver watch before lie went. Witness thereupon stopped him, and took the watch from him. The accused was committed for trial.