RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1813, 8 November 1888, Page 2

RESIDENT MAGISTRATE’S COURT.

Geraldine—Wednesday, Nov. 7, 1881. [Before H. W. Moore and E. H. Pearpoint, Esqs., J.P.’b]. ALLEGED LAECENT. Harry Sorry was charged with having on the 29fch of September last, being the second day of the Geraldine races at Orari, stolen a cheque of the value of £ I 5s from James Gaby, of Geraldine. Inspector Thompson conducted the prosecution. Prisoner, who was undefended, pleaded “ Not guilty.” James Gaby, a young man about 20 years of age, sworn, said he was a laborer, residing at Geraldine. He was at the Geraldine races on the 29th of September. Had received a cheque that morning from James Gaby. Placed the cheque in his pocket book, and went to the races. Had the cheque when he went on to the course, just before one o’clock. Had occasion to use his pocket handkerchief just after the second race, and found the pocket book had gone. It was impossible for the pocket book to fall out. Was mixing in the crowd at the totalisator. Next saw the cheque on November sth. Identified it as the one lost. To prisoner: Was never in your Company. Never saw you before.

Have had no transactions with you whatever.

Thomas Markham, licensee of the Grown Hotel, Geraldine, sworn, said he had a booth at the racecourse. During the afternoon, somewhere about 4 o’clock, prisoner came to the booth, tendering the cheque produced and asked if it was good enough to cash. Witness examined it, said it vas, and cashed it. To prisoner: When you brought the cheque you asked if I knew such a man as James Gaby. I said “ Yes.” Tou said “ Are you prepared to cash the cheque ? ” I said I was. You said “ If such is the case we will have a drink,” and I cashed the cheque. You asked me to have a drink, and told me you did not know the man (Gaby), and I said I would cash it and did so. When you came to me with the cheque you asked me if I knew the drawer of it, and I said “ Yes.” You asked me if I was prepared to cash it and on my saying yes you said if such was the case we would have a drink. We did so, and I cashed the cheque. You told me you did not know the drawer of it. J. Cunningham, agent for the Bank of New Zealand, Geraldine, identified the signature, and also identified the cheque as one tho payment of which had been stopped. Had the cheque been presented in the ordinary course, before payment had been stopped, it would have been cashed.

Edward Neil, detective, stationed at Timaru, deposed to arresting accused on the 81st October When arrested and told the charge he said “ All right.” Two days after he was locked up he sent for the detective and said he wanted a witness named Tommy Moore, from Dunedin. A summons was taken out and sent to Dunedin for Moore, but he had left the colony, Inspector Thompson said the accused made no reference to the man Moore till after he had left the colony. Prisoner, in defence, stated that he was on the racecourse on both the raca days, and on the second day, about 3 o’clock, Moore came up to him and asked him if he was going back to Geraldine that night. Upon hie saying he was, Moore asked him to cash a cheque for him. He told Moore if the cheque was good to take it to the booth, and it would be cashed. Moore asked accused to take it to the booth and cash it, and, on his demurring, Moore offered him 7s to do so. Accused finally took it, and was paid 8s for cashing it, He knew no more about the cheque till he was arrested by the detective. Inspector Thompson, in reply to the Bench, said that when accused was arrested he had the three cards upon him for playing the three-card trick. He had never been convicted, but was known to the police as a spieler. Moore had been convicted previously fo» larceny. The Bench, addressing accused, told him that although there was not sufficient evidence to convict him the 1 circumstances were very suspicious against him, and it would .perhaps learn him to be more careful bow he took cheques and cashed them in the future. Prisoner was then dismissed, and the Court rose.