COUNSEL REBUKED

Sun (Auckland), Volume III, Issue 729, 31 July 1929, Page 11

COUNSEL REBUKED

JUDGE COMMENTS ON LEGAL PRACTICE FORGERY CASE Six charges of forging and utter- J ing were preferred against George j Joseph Silver, aged 29, before Mr. Jus- j tice Ostler at the Supreme Court this morning. Mr. J. F. W. Dickson ap- j peared for accused and Mr. V. N. j Hubble conducted the case for the j Crown. Silver was charged with forging the i name of Clarence Halloran to a re- I Ceipt for £9 2s Id and inducing J. S. \ Cupit, Child Welfare Officer, to act on 1 its as genuine. He was also alleged j to have forged Halloran’s signature to a money order which was cashed at the post office. Clarence Halloran said he had known Silver for more than three years, both in Australia and New Zealand. Witness had been a ward of tho State for many years and had about £8 or £9 owing to him. He asked Silver to write to the Education Da- ) partment, Wellington, to find out how much was due to him. Later, he had asked Silver if there was auy reply; but Silver said there was not, at the same time telling witness not to go near Mr. Cupit, the local Child 'Welfare Officer, or make any inquiries. However, witness went to Mr. Cupit and then complained to the police. He had not signed the document produced in Court authorising Silver to collect the money in witness’s name. He had been asked to sign a document in Mr. Dickson’s office by the clerk, but he had refused to do so, saying he had given a statement to the police. His Honour: Mr. Dickson, 1 hope you realise it is not a wise practice to allow law clerks to approach witnesses for the Crown and get them to try to make statements contrary to evidence they have given. Mr. Dickson: It has been ruled by judges that there is no such thing as a witness for the Crown. The man came into the office and saw my clerk. His Honour: I’m not suggesting you saw him. It would be a very dangerous thing for counsel to do. When your clerk saw that the man was a witness for the Crown he should have turned him out of the office. We have seen the unfortunate result of something of the kind in the recent Christchurch case. Continuing, Halloran said he had later signed a receipt in a Grey Lynn dairy in the presence of a woman and accused, and lie received his money. He was sure it was not an authority for Silver to collect. George Joseph Silver, a pictureframer, said he had not told Halloran that he would not get the money unless he signed the document in the dairy at Grey Lynn. Mr. V. N. Hubble said he proposed showing that Silver had a police record. Accused: 1 don’t mind, though 1 know you are going to ask me if I have ever been in prison. Well, 1 have, but I have tried to be a good citizen and to play the game since my marriage. The record showed that Silver had four previous convictions, ranging from assault to theft, and had served various small terms of imprisonment. Mr. Dickson, in defence, said there was no doubt, as had been shown in evidence, that Silver had actually been given authority to collect the money on Halloran’s behalf. It was scarcely likely that Silver would endanger himself for a few paltry pounds. His Honour summed up at length and the jury retired to consider its verdict.