ALLEGED FORGERY AND LARCENY.

Temuka Leader, Issue 2091, 28 August 1890, Page 3

ALLEGED FORGERY AND LARCENY.

At the Kesident Magistrate's Coart, Geraldine, yesterday, James McAnley, alimsses, ;• was "charged with having, .on (fie 16th inat.i at Geraldine, forged an order for the payment of £3 upon the B»ok of New Zealand, Timarn, and ofi«red «od altered the same with intent to defraud.

Accused said he did.not think it was a forgery, as his father's name was Borlin and his mother’s McAnley, and he considered he was entitled to take her name, as h* thought it was only falsa pretences. It was not forgery, as that was his name, it was only fa se pretences. Inspector Thompson appeared to prosecute.

M chael McAteer, hotelkeeper, of Temuka, a worn, said ; Knew the accused. Saw him > fortnight ago at the Royal Hotel about 10 o’clock in the morning. He w*s sober. He paid for a few drinks. The next time I s«W him was in the afternoon, when he returned somewhat the worse for drink. . He stayed at the .Royal from Wednesday to Sunday morning. I gave him a blaok cheque on the Thursday to fill'in. He asked me for it. He gave ms one before this, and I sent it to Tim»ru to seo if it was aoy good, but it was retarsed as no good. He filled it in for £3. I forwarded it to the Bank, and it was returned marked “no account,” I told him ob, and he then asked for another blank cheque, which after ten I gave him. 1 took it from the cheque book now produced. . (Marked exhibit A in this book). There is a block marked 12019. I cannot be cerUia that I gave accused ibe cheque from this block but believe 1 did. There is also a block here marked 12021. Am not certain who 1 gave that cheque to. To accused: You were never very drunk while you were there. Patrick Kyne, licensee of the Bush Hotel, Geraldine, sworn, said : Accjsed came to my place on thn 17th insl. in the evening. He was perfectly sober as far as X could see. He had a drink. He produced the cheque marked B to p»y for the drink. Ho asked mo to cash it. I asked him whose it was. Ho told me it was given to him by a farmer st St. Andrews named Hugh Berlin, who was married and had four children. He said it was paid to him by Borlin for some bootmakiog he had done for him in Timaru. I noticed it was a Temuka cheque, and I asked him how it was Borlin bad got a Temuka cheque to pay him. He said Borlin was at femnka on the fair day and had borrowed this cheque from Anglaod of the Star Hotel to pay him the three pounds. He endorsed the cheque at my request after stating that he . considered the cheque was good enough to c >sh. 1 cashed it, and gave him £2 19s 6d. He gave nae sixpence back" and told nso to have a drink myself. I cashed it because I believed what ha said with regard to it was true.: I forwarded it on Ibe Monday, and it was returned on- the Wednesday marked “No account.”

To accused : 1 don’t know what money 1 got b«ok from you. George Hart, ledgerkeeper at the Bank of New Zealand, Timaru, sworn, said : This cheque, marked B, was presented for payment at the bank on August 19. Tho cheque was marked “no account” and returned, I have been inTimaru about five or six years. . Never know a persoa named Hugh Borlin to have an accouut there.

Robert Crawford, mounted constable, stationed at Timaru, sworn, said ; On the 23rd of the present month, from instructions I received, I made enquiries around ihe St. A ndrew district for a man named Hugh Broolin, but I failed to find the slightest trace of such a man having ever lived in that neighborhood.

W. Willeughby, constab'a stationed at Geraldine, eworu, said : Uo the 22nd A ignat I arrested the prisoner on a charge of false pretences. He was, or Appeared to be, very drunk. I searched him at the police station and in the righthand pocket of bis trousers found this cheque, marked C. It is improperly fil ed in, and was crmop'sil up in bis pocket. The signature.is the.same as that on the forged cheque. On the coming of the 22rd, when he had come to his senses I told him again what he was changed with, and that he would probab'y be charged with forgery. He said he had committed no forgery, because he had only used his father's and his mother's name. He said VlcAuley was his mother’s name and Berlin was his father’s. I told him I bad sent to St. Andrew to make enquiries about the farmer ha talked about. Ho replied ; “ What I said about a farmer at St. Andrew was not true.” He stated distinctly that be signed the cheque io the name of Berlin and backed it in the name of MeAuley. To Inspector Thompson : He said he had had an account at the Bank of New Zealand, Timaru, but that it had ruh out. This was all the evidence for the prosecution.

Accused was also charged with having obtained the sum of 10a from Patrick Kyne, of the Bush Hole’, Geraldine, under false pretences by means of a valueless cheque for the sum of £2. Patrick Kyne, Hotelkeeper, Geraldine, sworn, said that accused was at his house on the 20th August. I recollect accused giviog me this cheque. He had no money and he asked for drinks on credit. This was on Wednesday, August 20tb. I declined to tjive him the drink on credit, and he then asked for a blank cheque which I gave him. When I gave him the cheque 1 asked him if he was certain be bad money in the bank. He told me he had £7O in the Bank of Now Zealand, Timaru. He asked me if I thought he wou’d give mo a cheque if he had no money in the bank. At his request I

filled the cheque in for £2. He asked me to make it £4 but I declined. He signed it in ray presence. The cheqne produced is, I believe, the cheque, but I am not certain. I gave him on'y 10e on it till I could see if it was good. I sent (he \ cheque to the bank. It was returned to me the following Friday marked “No account. I then gave it to Constable Willoughby. To accused: No cheques bad been returned marked “ no account” before I gave you the 10s. The reason why I was doubtful about the £2 cheque wss because of your appearance and manner. George Hart, Ledger-keeper at the Bank of New Zealand, Timaru, sworn said. The The cheque now produced marked A was presented at the bank on August 21st. it was marked “ No account ” and returned. There is no person nimed James McAnley who has an accoont at the bank.

Constable Willoughby, sworn, said on 220 d inst/'l' arrested the prisoner on that present charge. On the-morning of the 23rd be was, or appeared to be drunk at the time. On the following morning I told him what ho was charged with. He told me had had an account in the bank, but the money was all out. The accused was further charged with having obtained 4a from Michoel McAteer, of Temuka, by means ot false pretences. M. McAteer stated that on the 13tb accused came to him and asked for a blank cheque. Witneas filed in the cheque at accused's request for £3, and accused signed it ‘Hugh Borlin.’ Witness gays 4s on account of the cheque, which was dishonored. George Hart said no man of the name of Hugh Borlin had an account in the Bank of New Zealand, Timarn. ALLEGED SAKOBNT. Accused was further charged with th<* larceny of a gold scarf pin of the value of 80s from John Farrell on the 20th inst. In this case the evidence of John Farrell of the Crown Hotel and of ,P. Kyne of the BuSh Hotel went to show that the accused had bean in and out of j the both hole's for three or four days, but not staying there. Mr Farrell had the ac«rf pin and missed it, nod he afterwards got it from Mr Kyne, who elated that the accused took it to him, and made him a present of it, stating at the eame tithe that he had had it for 14 years. As soon as he had heard that Mr Farrell had lost the pin he returned it. The accused said he found it in the street and thought it of no value. The accused was then committed for trial on all the charges at the next sitting of the Supreme Court, Timaru.