CHARGE OF FORGERY.

Taranaki Daily News, Volume LII, Issue 361, 12 April 1910, Page 2

CHARGE OF FORGERY.

ONE WAY OF GETTING- WAGES. AND ITS ATTENDANT RISKS. A man named Fred. L. Backhouse, a Devonsuireman, appeared yesterday on remand before Mr H. S. Fitzherbert, S.M., charged with having forged the name of -his employer, A. Cameron, to a receipt for £2, and uttered 1 it to John Hale in December last at New Plymouth.

Detective Boddain prosecuted. Mr Quilliam appeared for accused. Augustus Cameron, farmer, Eltham, deposed that he owned a trotting stallion named Rolling Stone. He first met accused at New Plymouth, auou-t the beginning of October last. Backhouse said he had heard witness wanted a groom. After discussion witness agreed to employ accused at a wage of 15s per mare and 5a groomago fee. The stud fee was £4 4s per maTe. An agreement embodying these terms was afterwards written out by accuse*, in witness's presence, and signed by accused. (Agreement produced.) Backhouse took charge of the horse on the following day, and had to do the necesfjary "canvassing" among the farmers. Accused was to keep the groomago fee» to pay for his board and lodging. Witness had a number of cards printed showing the fees, pedigree, etc., of the stallion, and the name of its owner, and handed a number of these to accused. A week or two after accused took charge of the horse witness went to Auckland. About a month or six , weeks) afterwards he returned to New 'Plymouth, and saw accused at the Gill Street Stables, where the stallion was. Witness asked accused how many mares were being served. Accused said there was a considerable number, and witness then asked him to write down thosSe he was certain of. Accused wrote oown on the back of a card ten names of owners of mares to be served. Mr. J. Hale's name was on the list. Accused gave witness to understand that he had 40 or 50 mares promised. Witness returned to Auckland very shortly afterwards, and dad not see aceuaed again. He made one short trip to New Plymonth fater, hut did not see accused. The only moneys he had authority to collect were the groomage fees. He had no authority to colleet any money from him for the service of Mr. Hale's mare. The signature, "A. Cameron," on the receipt for £2 produced was not witness's. It had been arranged between witness) and accused that they should |have a settling-up at the end of the season. When witness was in Auckland during his second visit there he received a letter from accused, dated December 20. [This letter, written from Molesworth street, New Plymouth, asked 1 witness who had informed' him that Backhouse had collected service fees, and on what grounds witness had sent to out police stating that Backhouse intended clearing away from New Plymouth with the horse Rolling Stone and a gig belonging to Mr. Sole. As this amounted to defamation of character accused demanded an apolo'gy, and payment in cash of £l6 ss, which he said was due to him. If he did not receive a reply by the next boat from Auckland he intended placing the matter in his solicitor's hands). He had already, continued accused, written two letters which had been ignored, and he intended to remain in NewTlymouth-uß-ti-1 the matter was settled. Accuted reminded witness that his charge of the horse would expire on December 30.] (Continuing his evidence, witness iaid he did not reply to this letter. At that time he did not owe accused £lO ss). That letter was the last he had receved from accused. When he received the letter he knew nothing about Mr. Sole's gig. To Mr. Quilliam: The agreement prepared when Backhouse entered his employment was not signed by witness. Between that time and- when the warrant was issued for accused's arrest witness had paid accused £l. Prior to this accused had not written to witness asking for money, and he had no difficulty in persuading witness to give Mm the £l. Witness was not "hawl up" at the time, and did not tell accused that he was. Accused sum some of the farmers would not pay the full fee, and witness told him to make the best terms he could by making reductions). Accused was therefore not strictly bound by the terms on the pedigree cards. Witness denied that he received a letter an which Backhouse said that if he was not paid what was due to him he would collect the money due from the customers. Witness eould not explain what accused said in this ltetter about two previous letter* being ignored, because he had not received them. Witness had settled with Mr. Hale for 30s more than he had paid to accused, thus giving him .credit for the £2 paid to accused. He had given Mr. Hale a "clean receipt."' Owing Jo the accounts he had heard of Backhouw's unsatisfactory dealings with the horses witness had not the patience to go near him on the second occasion when he returned to Auckland.

To His Worship: Witness guaranteed five weeks' board and lodging at the Jubilee Boardinghouse, the five weeks dating from the time accused entered his employment. This was equivalent to £5.

John Hale, fanner, Av«nue load, New Plymouth, stated that some time during the first week in. October of last year accused camo to iki9 / kirm with the horse Rolling Stone. It was arranged that the horse should serve one of witness's mares. Accused said he and his brother owned Rolling Stone and some trotting horses'. It was agreed that witness should pay half the fee at the end of the season, and the balance when the mare proved in foal. The mare was served. A few days before Christmas accused called at the farm and akcd witness if he could pay him the fee, as he wished to go to Wanganui. Witness 1 gave him £2, and accused wrote out and signed a receipt for the money, signing it "A. Cameron." (Receipt identified.) Witness did not see the accused again until this morning. I Mr. Quilliam 'stated that he proposed ito put accused in the witness box. He was a man with an unblemished record so far, and therefore worthy of credi- | bility. Accused had authority to make j concessions, and therefore he had some authority to act for Cameron. He bad received £O, including the £1 paid by J Cameron, when £l2 wag due to him. Cameron had ratified accused's dealings with Hale by giving Hale a clear receipt, and thus 'giving him credit for the £2. This was equal to a preliminary request to collect. The charge of giving a Teceipt without authority couM not therefore be avpheld, counsel urged, and the information was laid under the jrromg lection.

Accused deposed that he was 3S years Old, and arrived in. New Zealand in 1904. For some time he worked in the Wellington and Nelson districts'. While 1 in Nelson he managed the business oi] the Ship Hotel for a year and eigiit months. He had never been in a Court before in his life. In July, 1909, witness came to New Plymouth, audi worked for some time on the wharf. In Oetober lie took charge of the stallion Rolling Stone. After the agreement was written it was arranged that witness was to receive half of his payment of £1 per mare at the first service, and the balance at the end of the season. After Cameron went to Auckland •witness wrote asking him for money. When Cameron came back for the first *ime he gave witness a cheque for £l,j and said he was very "hard up." Witness toW Cameron that some of thej tenners required a guarantee, as thei fees were high. Cameron replied: 'T| will leave that to you. You ean fix it up as well as me." Cameron wune down from Auckland a second time, out did not go near witness, nor near the horse. Witness then wrote another letter to Cameron, asking for money. Witness's landlady and a fellow-boarder s'aw the letter before it was posted. After having written this letter hj« received the £2 from Mr. Hale, and signed the name "A. Cameron" to the receipt. When he first saw Hale he did not say he was a brother to Cameron. He could have had no object in doing so. When he was travelling] with the horse Rolling Stone twelve mares were served, so that witness was entitled to £l2. He had received £2 each from Mr. Hale, Mr. W. G. St&un-j ton, Mr. J. Miller, jun., and £2 or £3 from Mr. Ducker. That was all the] money he had received. He did not think he was committing a criminal offence.

Cross-examined by Detective Boddam: He had given receipts in the name of A. Cameron to each of the four persons he had named. He had not represented himself as being A. Cameron to anyone but Hale.

His Worship considered that there! was a prima facie case. | Mr. Quilliam then asked leace of ths Court to confer with his clint for aj moment or two, as His Worship pro-! posed to commit accused for trial. | This) was granted, and afti? a moment's conference with his client ,ilr. Quilliam stated that he hai advised accused to plead guilty. He was influenced in giving accused such advice by the facts that the Supreme Comt, would not sit here until June, and that accused, who had been in gaol for some time, had no means and could not procure bail. An application would be made for accused to be admitted to probation, which coxmsel considered would very likely be granted in the circumstancesl. Accused then pleaded guilty, and wa3 committed to the Supreme Court at Wellington for -sentence. ! Another information that was to have been laid against accused was not proceeded with.