RESIDENT MAGISTRATE'S COURT. (Before H. A. Stratford, R.M.,) Friday, October 8, 1886.

Te Aroha News, Volume IV, Issue 173, 9 October 1886, Page 2

RESIDENT MAGISTRATE'S COURT. (Before H. A. Stratford, R.M.,) Friday, October 8, 1886.

CRIMINAL CASE. Rcgina v. Win. 11. .Tones, vetcrin.'iiy suigcon, charged with forgery, and uttei ing a valueless cheque. Accused wux charged on the information of A. \\ . Kd.vuuds, that he did on 20th September uttoi a foiged cheque on Bank of Ncv Zealand lor LG Ga, purporting- to be sign by A. L. McCaskill, well knowing- it wjj a forgciy. A. W. Edwards (sworn) : Am a stoic keeper at Te Aroha, and know the accuse On 29 September he came to my store ana purccased 2 shirts, socks, etc. In p.iym-jiiL of goods, amounting to 9s, ho tendered ,* cheque for LG Gs, stating; ?, was a cheqio of L. A. McCnskill's. Ham;] ( ton was on the cheque, and he told ;ro fttcUaskill resided at Hamilton. T^,, cheque was dated September 24. I t'.i,i him I had not sudlcient cash on hanu 'o pay him the balance in full ; to whicn 'io | replied, "Lot mo have a fivur now, I -y, get the remainder afterwards." I toil limn L.had only a couple ot' pounds hi change, at present, and let him have th .' on account. Airier Jones left my shon, > went to the manager of the Bank of in'ii. Zealand, who, in response to my reg •-■ sent an urgent wire to the manage! the bank, at Hamilton, the reply recent 1 was that no such person had an accoi'iV there. I therefore laid informs ri<> \ against accused. I identify cheque now produced, as the one given me by Joiws The same evening; saw and spoke in prisoner, and asked him who MeCa.sktU was, he then said McCaskill was a fai-mei at llikutaiti from whom he got thoelu'qun direct, and that I should find it all rii'Ki, that one lie had received from MeCa^v 11 about six weeks previously was onllnmtlton.

In reply to cross-examination by prisoner : You appeared quite sober when you bought the goods. When I s;i\v you at the Palace Hotel later on, you appeared to have been drinking, but were quite able to take care of yourself. Lachlan Allan McCaskill (sworn) : Am a farmer residing at Ilikutai.i. Have seen accused once before, viz., on September 26th, at my place. Ho came there I believe to consult with me respecting a horse I had, which required a sursic.il operation. lie came of his own aeeoid. We came to no arrangement about the horse. I had previously written him respecting the horse. It w.is in consequence if that he came. Nothing- was said with respect to charges or 11101103* matters. I never at ony time paid him any money or had any dealings with him. No part of the cheque now produced 13 in 1113* handwiting ; and I have no account at the Bank of Now Zealand at Hamilton, nor at any of its blanches. In repty to aceussed : I 111.13' have said in conveination it would be cheaper for me to bring the horse to Paeroa, than for you to come to my place. I do n^t remember su^ing I would write to Mr Bradley to communicate with you if I wanted you. Elizabeth Farrell (swoin) : Am wife of John Farrell, draper residing at IV Aroha. Know accused from having been in 1113' shop on 28th September. lie asked me to i oblige him with a blank cheque on the Bank of New Zealand, and I gave him one ; which corresponds by the number on my block (34300) to the one now produced and signed McCaskill. William Yon Stunner (sworn) : Am ledger keeper at the Rank of New Zealand Hamilton. I identify the cheque now produced, as having been presented at the Hamilton branch on September 30 b\ Sergeant Emerson. Theie was no account in the name of McCaskill in the books. For at least p\st eleven months I am certain there has been no account in the name of McCaskill in our Hamilton books. Sergeant TJinetson (sworn) : Am Sergt. Of Police, stationed at To Aroha. I arrested the accused at 10 p.m. on Septcm ber 20th on a charge of uttering and disposing of a forged cheque on a warrant I now produce. Accused said if I pay back the money to Mr Edwaids won't ili^t do. I replied I should,, be obliged to bring him before the court. He then two or three times said, " Oh do Sergeant tr\- and settle it for me." In reply' to accused : When ai rested you were somewk.it under the influence of liquor, in fact not drunk, nor yet sober. This was all the evidence, and in ieph' to His Worship as to whether he had aii3*stdteirent to make, ax-used said ; I do not remember ever rilling up or presenting the cheque to Mr Edwards/ I have been drinking very heavily the last three or four months. Some tlnec years ago I received a very severe accident, which affected 1113* head, and a\ hen uiuivr the influence of diink I am haidty accountable for my own actions. Prisoner, addressing His Worship, said : He should be glad if the case wore dealt with su'nmaiily at this Court, instead of tending it to the Supreme Com t, which will not sit ag tin for three months : especially seeing that this was hi* iir&t offence, Hib Worship: If ,1 prim 1 ficie caso is made out, it would be beyond the juiisdiction of this Court to deal with the oa^e. The minimum punishment being t-uch a-: tni> Court has no power to give. The second oh.uge against piivmer was next taken, which \\ a> that of feloniously uttering a foiged cheque with intent to deliddd ; the same witnesses being examined as in the previous case. In the third elu.rge against piisoner, vi/.., that of obtaining goods by false pietences D 3' means of u forced cheqiu for £6 fts ; the witnesses a!raad3' mentioned were again examined, prisoner making the •same defence as aheady stated to both these hittfr charges.

PRISONER COMMITTED FOR TRIAL His Worship committed prisoner for tiiul on each of the three counts at the next sitting of the Supieme Couit at Auckland in January next. Further stating that bail would be accepted, himself in £100 and two suieties for £50 each. Prisoner was then removed.

CIVIL CASES. J. F. Cocks v. Gordon : Claim L 4 IGb Gd. Judgement for amount by default with costs. Piuko County Council v. Gapes : Claim 1.5s rates. Judgement by default with co-ts. Aitken v. Eitcheson : Claim £2. Judgment for LI Bs, with costs of court . r\ 'intifE applied for immediate execution, -firing defendant was about leaving the '. trict. A promise to acepde to this request was given, piovided it vas proved u> the tatisfaction of the Court such was the case. Thaxter v. Moon : Adjourned for one montn, owing to non-seiviee of summons. Ward and fletheiington v. P.Ferguson: C'ifiiui L 62 10s for breach of contract. After several witnesses had been examined the case was adjourned till next court day 22nd inst., in order that Hetheringtou n.ight be examined. J. F. Cocks v. Miinro: (adjouraed case), Mr Me Q. Hay for plaintiff. Plaintiff non-suited.