RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1181, 22 May 1884, Page 2

RESIDENT MAGISTRATE'S COURT.

Gekaldine—Wednesday, Mat, 21, 1884. (Before W. U. Slack, Esq., and Rev. G. Barclay, J's.P.) ALLEGED OBTAINING MONEY UNDER FALSE PRETENCES. E. H. C. Plowden was charged with having obtained, on the 24th March last, j at Geraldine, unlawfully and knowingly, • certain goods of the value of £2 14s, Vfrom Robert Glass, draper, of Geraldine. Mr Toss will appeared for the accused. The following evidence was adduced : Robert Glass, deposed : I am a draper, residing at Geraldine, and knew prisoner »in the month of March. He said he was • endeavouring to get up a night school. 1 • bad business dealings with him on the 24th March last. I had seen him a few days before this. I did not know him before that. He camo into my shop on the 24th March and asked me what I would let bira have a pair of trousers and vest for. He said he had been over to the tailor's and had asked the price of the same articles. He said he had not the money at the present time but he was expecting a remittance through Mr Joynt, by post, from Home. He said he had an annual income from Home through Mr Joynt. He took out some letters from his pocket to verify his statements. I did not look at them. I let him have a pair of trousers, vest, toothbrush and tweed coat. He borrowed a shilling at the same time. He had a pair of socks also. The value of the goods, with the cash, amounted to £2 lis IM. He called the following day and got a hat, 4* G<l; tie, 2s ; and cash, Is 6d ; cash for lodging £l, the total being £3 19s 10J. 1 would not hav« given him these goods in the ordinary course of trade, [gave them to prisoner on the ground that ho was telling me a bona fide statement that he would shonly be getting money through Mr Joynt. 1 only saw him once after he got the goods. I wrote to Mr Joynt, as I aftwrwards was suspicious. By the Bench : I think I wrote to Mr Joynt about a week after the accused got the goods. I received a reply from Mr Joynt (marked A). I produce receipt for monoy I paid for the accused's lodging at Mr K.allagher's. Cross-examined by Mr Tosswill: He did not tell me he was previously staying with Mr Jones, the Chairman of the Kakahu School Committee. I don't know the Chairman of that Committee. He told me he had been round the district, and said ha was trying to get the master-1

ship of the school. I gave him a statement of the goods he got from me. I did not put on the account that he was to pay the amount within a month. He gave me a note for a month signed by him. I gave him a month to pay \he amount in, but I did not think 1 should hare to wait that time. About the same time he told me he was going to open anight school in Geraldinj. I onlyput reliance on what ho told me in regard to getting the remittance from Mr Joynt. * It was not in regard to his obtaining a school that I gave him the goods. I did not thine it necessary to telegraph to Mr Joynt about the matter. I thought it was a feasible story he was telling me. I have not received any money or communication from accused since the transaction. He wrote out the promissory note himself without my asking for it. I had every confidence in the man that he was telling me the truth in regard to Mr Joynt. I did not care to read his private letters. I saw accused on St. Patrick's Day, when he came in tor an envelope to address a letter to Mr Fisher. He asked me if Mr Fisher was about, and I told him-V~ he would be likely to be at the sports. I did not speak to him before the 17th March. lam sure it was not Mr Jones's name he mentioned to me, but Mr Joynt's. Thomas Ingham Joynt, sworn, deposed I am a solicitor, practising in Christchurch. I don't know the accused. He never received any money through me, and had no right to use my,name in any business transaction. The letter produced was in reply to one I received from Mr Glass. I think I have a right to complain of the treatment I have received at the hands of Mr Glass, who should have communicated with me in the first instance. It might have been the means of preventing tho commission of crime, injustice to myself, and Mr Glass would have saved his own goods and my time also.

Cross-examined by Mi Tosswill : I might have replied to Mr Glass if ho had communicated with me by telegraph. R. Glass, re-cross-examined by Mr Tosswill : The accused never mentioned Mr Joyce, of Christchurch, to me. I paid £l, on the afternoon of the 24th March, to the boarding-bouse keeppr for him. I produce my day book. I have not lent l the accused the account since he got the goods. I gave him one at the time lie obtained them. I did not wait a month for the money when I found it was a whole fabrication of lies. If his statement had been true 1 would bare waited a month. I would not have tjiren him credit without the statement in regard to Mr Joynt. I would not give a man credit for goods who stated he was receiving money through another person living at a distance from here.

By the Bench : The accused has never made any effort to pay the money. wrote to Gore telling him that if ho did not pay the money within eight d*ys I should have him arrested for obtaining money under false pretences. By the Bench: I did not place any reliance on his statement in regard to the night school, apart from the statement of Mr Joynt. If I had waited for the money to be obtained trom the proceeds of a night school, I might have waited a long time before I got the money. By Mr Tosswill : 1 wrote the letter to Gore immediately I received the letter from Mr Joynt. Thomas Sherratt, deposed: I am a commission agent, and have seen the accused. At first, about the beginning of March, he canoe to me in conjunction - * ith Mr Freeman for the purpose of his hiring the Good Templar Hall. He represented he wanted it to keep a night school in. Mr Tosswill : I do not see that this has anything to do with the case. Examination continued : He asked on what terms he could have the hall, and before he received a reply he made an offer of 10s per week, which was accepted. I told him that all terms in regard to hiring the hall were to be made in advance. He then said he was not prepared to make a payment in advance, but should be able to pay in a month or two, or at some future time, as he was expecting a remittance from Home. I saw him again a few days after in Mr Freeman's house. Mr Freeman whs present. We had some conversation about accused trying to obtain the mastership of the Kakahu school. He also showed Mr Freeman an advertisement which he had written out himself re the opening of the night school. This he told me Mr Fisher had declined to insert in the GXRALDixa Guardian on his own responsibility, without tlie cash being paid for it. He asked me if I would make myself responsible for the cost of inserting the advertisement, again stating he was receiving remittances from Home through Mr Joynt; and to corroborate this statement he pulled out some papere fiom his pocket. Selecting one, he said, * There, you see it is all right,' saying it wns an order or a draft on Mr Joynt for a sum of nione}'. Not believing: a word he said, I did not take the trouble to see what it was. I also declined to become responsible for the advertisement. I have had no conversation with accused since.

By Mr Tosswill : As I had no interest at stake 1 did not look at the order or draft;. I believe it was written on white paper. I did not believe him becaise he made rambling »tatem«nts that did not corroborate each other. He said he had plenty of clothes at Little River, which I did not tlriok was correct, as if that was the case he would have appeared in batter clothes than those he had on. If I had been in Mr Glass' place I should certainly have applied to Mr Joynt before supplying the goods. By the Bench : 1 have no hesitation in saying he referred to Mr Joynfc, of Christeliurch, and to no other person. I'he evidence for the prosecution having closed, Mr Tosswill addressed the Bench. The Bench retired to consider their judgment, and on resuming their seats they said they had no hesitation in saying they found accused guilty of the charge, and would sentence him to six months' imprisonment, with hard labor. Mr Tosswill said he did not think that the Bench had the power to commit the accused summarily, as it wa3 an indictable offence. He would ask the Bench to commit the accused for trial at the Supreme' Court, as his client did not consent to be dealt summarily with. The Bench thereupon committed the accused for trial at the ensuing criminal session of the Supreme Court. Bail was accepted, himself in £SO and two securities of £25 each. The prisoner reserved his defence*