THE ORCHARD CASE. FORGING AND UTTERING. SEVEN YEARS' PENAL SERVI. TUDE. Auckland, December 9.

Te Aroha News, Volume VII, Issue 427, 11 December 1889, Page 5

THE ORCHARD CASE. FORGING AND UTTERING. SEVEN YEARS' PENAL SERVI. TUDE. Auckland, December 9.

At the Supreme Court to-day Daniel Bailey Oi chard pleaded guilty to having forged and uttered promissory notes on the 7fch June, 23rd July, 20fch May, 25th May, 12th July, 14th November, 27th June, and 3rd April, also with uttering a forged document on the 15th of February. Mr E. Cooper appeared for the prisoner, and asked that the prisoner might be admitted to probation. His Honor said : I may say at once I shall certainly not apply the First Offenders Probation Act to this case. Mr Cooper &aid he would call witnesses as to character. Joseph Newman, J.P., was called as a witness to character. He deposed that he was Chairman of the Broker's Association and had known him 10 year* or more. Prisoner was held in reepect and treated with confidence. Was honesb and straightforward in his business transactions. D. B. McDonald, J.P., and Major Lusk, J.P., also gave evidence as to witness's previous good character. The latter had known him intimately for the last 23 years. Witness believed that prisoner was now a poor man and had not received any pecuniary benefit from these transactions. , His Honor said he would assume that until this was found out the accused bore the highest character. Mr Cooper said that in an incautious moment the accused endorsed some bills which were not met, and was led to give fraudulent renewals of these bills. In consequence of these renewals the money obtained all went as interest on the bills. The accused was paying at the rate of 40 per cent per annum for renewals. The accused was nearly 65 years of age, and had spent tho last three months in gaol. A long sentence would mean that the accused would never come out again, therefore he asked for a lenient sentence. His Honor eaid : Prisoner, it is a most painful task to me to have to pass sentence upon one of your position — a man, who up till a year ago apparently lived respected by all who knew you, and I hope and believe deservedly respected. But with regard to the evidence which has been called to show the good character which you have borne for a preat number of years, I must observe that but for that) good character you could not have committed these crimes. I notice the witnesses state that they did not notice the names so long as ib was endorsed by you. You probably knew that. I have very little doubt that when >ou first entered upon this career of crime you did so fully believing that you would be able to meet the bill, and then you found that you were not able to do so. You have pleaded guilty to some bills and I have reason to believe that these are not all. It has been said you did it to avoid bankruptcy. Now, bankruptcy may or may not be a disgrace, and to avoid that— assuming your counsel's statement to be correct— you allowed yourself to run the risk of appearing upon a much more serious charge. You cannot bub have seen that when you gave those bills one after another, a time would come when they would be discovered. When you attempted under a false name to leave the colony your knowledgeof the world ought to have taught you that escape in these days is almost a matter of impossibility. With regard to your sentence, which, as your counsel says might mean confining you in prison for the remainder of your life, I cannot in the face of forgeries, cariied on in such a manner, pass any but a heavy sentence. You will therefore be imprisoned for seven years' penal servitude.