TUESDAY, JANUARY 12th.

Southland Times, Volume III, Issue 29, 13 January 1864, Page 2

TUESDAY, JANUARY 12th.

OBTAINING GOODS UNDER FALSE PRETENCES. -■ Fullerton Sim Coulthard wa3 again placed in the dock, charged with obtaining money under false pretences. ; Mr South, who appeared for the prisoner, submitted that the prisoner was hot in a fit state of mind to plead : to, the .indictment, when he was arraigned on the previous day. ] He quoted from Taylor's Medical Juris-! prudence -in .support of his argument*: 1 tha,t the prisoner was riot legally responsible for" his actions. , - .■.-■••.-■-: „ His Honor allowed evidence fo be called, for the Vjury to determine "whether "the prisoner was in a fit state of mind to plead to the indictment. Mr South called William Greorge M'Clure, a dhly qualified medical practitioner, and Provincial Surgeorri who gave evidence that on the previous night; arid also that morning/ he had seen the prisoner, in the gaol. Dr. Murray accompanied witness in inakingitfie investigation into the prisoners's mind. 'the course of (juestioning him," -(prisoner informed them that when .he drew the cheque, ' he had nine millions, of money in f the Bank, i that.he was thelKing of , Denmark, and thai; he .ivas going to be married, to the Queen of , : England. He made several otter, incoherent and extraordinary , statements, opinion was that -lie was of. unsound nuad. s -. He dii not consider that the ~- prisoner was, feigning insanity-. t ' ■- ;; - - : ■•■"•■• -> -^ .-.-V-'iv "■■■' ? J. P. Murray,, a duly • qualified medical practitioner, arid-^Resident Surgeon. -ioHfre Hospital, also gave-eylderice of the prisoner's , aberration of intellect: Witness's, op.iriion was that the prisoner, was iiiisane !.J'He erideat vored to' ascertain if the:^prisoner's^ insanity, was feigned, , and was of opinion it was not. He.had also seen -the prisonet' that moraing,"iii company with Dr. M'Clure,^tha jesttlfc>.ot their ih'terview being r a confirmation of their opinion as to his' insanity* He would' ton-r eider prisoner's. staten^ent r thai he was sane---

, takei^irtycoriiiection. with ]stfch s^roanding: |elrcti^t^c||t^ffuPliadj rejf|ntid tq^only as ja coiifirmafcionfdf this insanity* ! RXv-^ .: : f| : ByJ|Hss :flippr— |)n) certain |t£pu» ;hi»fmerabry- fapplß(Sr£d ■ to^be vei^good*£ljid his qirite^bnsisfehfebutioi^thei 1 topics a period hi an imsound stat©-- of' mind- to bje - quite clnar on some topics. ' ;:> Charles JB.Kingman, manager of the firm* ;of:X!oltf£#^^ itheir.jemploy, about three months ago. jsHb. held'the-positioiv of .bookkeeper Snathe QsAn&l "During" Jbhe't^ree months he "was in* tneir_ suppose he was-insane.^ f After- prisoner left -^ their ..employ ment, X'e v .came" into 'tTee'i^jPrp* - ?<. y viiKial Restaurant^ ::whereVwitneß3: wasyslt J dinner, and in a very; violent and assuming manner 'thrust a paper initowitaess'shaiid.; ; The paper was as follows v- -" M r Kingman, - ■•*• —It is now time^hatihe; veil of hypocxUy should-be-tomaside. I know all the -flatter- -- ing terms you wrote t of. «me jto ,Hoyt; and Clapp.— Henceforth and for ever I want to be > : done .with > S : CoyuTH&Rp,j StteL, September,' 1g63?%; Hey ;yrbuld : Sfresq(uently '^ stans^fore;vthe do^!^Jme v the p^ulisffity of his air an^ attitude,^itnesa believed he was riotf all right. , : . V Z- v -'~: ' The Jury found 'that the "prisoner was not in afltstate b£mind to -plead to the" Indict- :, ment. '.•..■•-.■■ /./ \» ■'•■**-,< ! -: i :- i .■"■"■"'•; .' ■■'■■-." - ■ ' The prisoner wasHhen removed.^ -' His Honor stated;ithat he would i h*r£l to •< remain in custody until instructions had-been - received from, the Governor,^ with: whom, he (His --Honor/ , would, .communicate^ on-rtho-subject."?;'^i. "-■>:, .;^v.;'r j"j> ■.■".=' -Ci:.A ; "'-.'■ .- ; FORGING^ AND VtTSRIXG A CHWIUB., . -^ . Charles Alfred jHerbert^waa* indicted jfor forging a cheque on the Bank of New Zealand ,at Invercargill, ,i dt, ;£^ X<Ss (idj. ' parpprt-. ing to bedrawn by JohnS.'JTaiaiesonmJavprof ■; P: S." Sullivan' ; aVsecond;cpunt : wairfbr uttering the, said [^h^que. 7T^ . : . ~ , ."; The prisoner, whtfpj^ defended by Mf South. ~~ "■". . " r ™ .The Crown Prosebutbr-' having gireii a resume of the circumstanc<?sT of the? \pajfe,-' which he said would be -proved in evidence, v . .called ■ . ■.-, c: ■••: •-.':■ .'! .,;. 0 t David Curtin, an ®rated water.jnanufacturerwho gave evidence to the followhygeffect : On the i 7th Sep?ember7h~CTifaß" in charge c£ Mr Sullivan's store 1 and-general accpnimodatio'n houseat the Or ti. Prisoner tiadbeeri living at the house for some tiirie, ; and "witness*' ' gave him his bill for £4 10s 6d.' Shjortly afterwards ' he i asked iivitness if he"Had a blank cheque .on the Bank of New Zealand j ; on: witness telling him he had not, prisonerasked for pen, ink^and paper, which, : » after gifing him," Ayitness left the rbbmV a 3few minntes he returned to the room, :when prisoner gave him a "cheque~" ' for £4 10s 6d.: The cheque produced, if not same, is an exact? copy of the one given to; :-him by ; prisoner. Tlie cheque- was signed A 6 John S. Jamieson.'*- • Prisoner then took back the; cheque, and said he,would cross it tor" the better, security of Mr feullivan. He theni laid it do wri on ■ the counter, and witness took it and carried it towards the fireplace. Witness asked prisoner' if the cheque would be. honored, to which he replied he thought it; ought' to be. He did .jao't when .be^tpbk^up.., the ■ cheque whether the ink> was. Wet or dry. The cheque which he tpok in payment of pri* soher's account he forwarded in an envelope | to Mr Sullivan in Thyercargill. By Mr South-^^hen witness returned to the room, prisoner took up the cheque/which was lying; on the counter^" and' crossed it^ ■; Witness did not recollect .that theY prisoner said anything- whenjthe cheque was lying on the counter. .JThe pen, . ink, and paper, -which, prisoner had asked for, witness placed on the counter, close, to' which prisoner was standing Gn returning to tHe; room, prisoner "pointed to the cheque, andsayjng it; would be for the better security of Mr Suilivan'to ciow it; he took it up ., and « did so: He* did "not see t /j prisoner write -the cheque. He -could /s- ' not recollect whether he; .topic ::the cheque to the prisoner for the purpose of drying it. Witness' did not receipt the bill which prisoner got. He took iiie cheque in; payment of the bill, although he had a doubt whether it would.be honored. He had a doubt, because the cheque was not in the regular printed form. Prisoner did m ot tell V him that he had drawn it, nordidheleadhinii,/ to believe he was the dra*ver of it -■ - : Re-examined by the Crown Prosecutor— When he first saw the lying on the counter, it was not "crumpled or soiled. By Mr South— He could not, swear-posi-tively that the cheque had thecrea3es on it j which it had when produced in Court. „ By His T Honor— He : .could not swear that the paper on which it was drawn, .was the same piece of note" paper he had supplied him with, When he returhedto the rbpm> there was a man named Patrick-Welsh and a^boy also there. Hedid not know prisoner's name during the weekhewas staying in the house. Patrick James Sullivan, publican, in Invercargill; stated he' received the cheque in an envelope from the' last 'witness, who was his storeman. He took the" cheque to t r ie^Bank of New Zealand to be cashed when'one of the clerks told him they knew nbthTng' of "the /drawer, and referred him to the Bank'.pf New S6uth Wales, as it might be a mistake. He then took the cheque to the Bank of New . South Wales, and, received a similar answer. He then gave-the : cheque into the 'hands of Detective Thompsbh'.VY v ; .V.-i ■' :';""■-;< !By Mr South:. He was not certain that the clreque produced was ■ the .- samej. he rer ceived in the envelope, . and- handed over to Detective Thomson. , He kiiew_ the .Bandwriting in the bodyof Tthe-ch;eque and the signature! , He - could - riot -swear : that the handvyriting in the body of V^e cheque was ; the same as the writing of the words' " &Co " within the crossing of the cheque. . There watr no regular post office' receiving house at that ._. time nearer his store than seven .miles. It would depend on ,the T condescension o^the "..- mail man, hpw'the letter^wai r .taken/ The r mode of conveyance i of^letters then was very irregular^ He received the letter, : ri6t* through tLe post ; 6ffice,"but;by. the""hands"ot - the Tmail 'man: :; ;';. : 'V ,V '^-.''^ ''' ■ "' -.:'' '■" ■ .".V"" i •':.,". . By His Honor :Hh did not swear that he ■ knew the hand- writing in the cheque. • He : knew that the writing in the cheque produced was; the; same as that, he had;seenin the cheque received from his storemini' : ; \ Jblin Bell ;Tho^sbi^ :^>Mcer, stationed at In vercargili^ gave evidence that khe received the cb.e'qUei-prbduced, from the previous witness, on thetlOth. September last. He, initialed the^cheque on; the. back A on.receiving it._i He took, the cheque to tKe Bank . of New'Zialand, where it was eridorsed" no account."'". The cheque" was ;-af tefvrards sent ' -to the Winton police station ( for further inquiries. Witness subsequently; made inqulrjes for anyone of the name'of John '&' Janaesou, ; but could not that there:wa s a n y one of that name;in* the'ProTirice. ' William Bigsby, teller. in .the Bank of New Zealand, gave eyidence^pf, the presentation of ,_the^cheque 1 by Mr* Sullivan^ "-'and subsequently by Mr Thomson? Thera'.'w^iij never any" person of "the7name of "John Si "Jamieson J who kept, an account at the. Inyercargill branch of their bank.' 1 He 'did not -kriowany person of that name. There was only one other branch at- the bank— an agency at Riverton^-io: thirprovincer; ; ~^~ '.) " 7 ; Thomas !, Baker v .^Sergeant^ Tbf . p PbliceY stationed * at: W^ntcin, -gave evidence' of th# receipt. pf_ tKC-ChtqueLpn:^the J2th September from the Commissioner. of Police. Bje. arrested thoprisorierat'the Elbow. „-•-. y ' JBy Mr South.-^He- ha^ v previously known, the prisoner "by the'name of; Herbert. • ' ? By^ IHis jktiitirJ—H& h«KT knbwn th« prisoner' for about ihree morithj^previbai to his arrest. ,*,-He -had always, known .Jiiniby , the %ame of -Herbert.; HeVievef^EaVyf^himby"any other riameV -; : ; ;:--•>. .c£.l~::--u .;* .-,. _- . ; John William; r ChapinaiSi ■ SergearitiMajor pf police stattoAed at Jhveroirgili; ||;a.v»e*i'

:' dence that the prisoner was -brought to the I on the -~l4tlf September. ■On j« witness getting "the charge took he entered" 'J P name-of "- 1 John GK Jaraieson," which Vas . name th<j prisoner gave in reply to the : \ uS ual question. \ ■ . ' ' By Mr Sou h : • Prisoner in reply to witness's question as to his name, repeated Ijt a second time as «« John 'G. Jamieson, 1 ' I ,ntneas the first time not; .being certain if he said "JohnS.. J. Jamieson." Next morning, on receiving some property from. the police, the prisoner in acknowledgment, signed [he book "C. A. Herbert." Witness re- \ joarked that he should have signed the same ; uMQe he had given when he "was brought in, ' fl&bner replied he did not suppose it made j nn»ch difference. .; Jlr South rested his defence mainly on the ■ : circumstance" that, the writing ii the b;)dy of : the cheque , and the signature was not the s same^s the/words ° & Co ' in the crossing of • the cheque, referred to by the witness Sulli- • tan. It was .therefore to be presumed,. ■in the prisoner's favor, that he had ■ '■ received the cheque from another person, sniir had merely crossed it before ; giving it to the witness Curtin, : believing at ; the time that the cheque was a good one. He ; also strongly commented on the fact that the prisoner had been acting with an honest in- ; tention by asking the witness Curtin for his \ account, instead of going away, as he might have rlone, without paying it. His Honor, in summing up to. the Jury, recapitulated . the evidence, and commented ' on those portions bearing on the presumption lof the -prisoner's guilt or innocence. The jury, he said, were to direct their attention to the three leading popositions, whether the prisoner-signed the cheque, and if they were satisfied he did so, that he used the name of Jaruieson fictitiously, • and that- he- had assumed it for the purpose of fraud. ; The jury,' after retiring for about half an hour, returnefl into Court with a verdict />f ' guilty, of forging }»nd uttering. '■'„■ ;. Mr- South, in pleading for the merciful con- ; gideration of ; His Honor in passing sentence, referred to ;.the previous "good character the ; prisoner had borne in Invercargill. ; ; His Honor would defer passing sentence on j the prisoner until next morning, and signified his intention of receiving evidence as to the prisoner's character before doing so. ; The Court theu adjourned^'at half-past flve o'clock, until ten o' cloak this day.