COURTS

Thames Guardian and Mining Record, Volume I, Issue 248, 25 July 1872, Page 3

COURTS

POLICE COURT.— Yesterday. [Before W. Fraser, Esq., R.M.] ASSAULT. Robert Easter was charged with unlawfully assaulting Mrs Kate Clarke, at Shortland, on the 10th instant. When the case was called on, the lady did not appear, and the defendant was discharged. MUSIC AND DANCING. An application by Francis O’Dowd for permission to have music and dancing in his licensed house, the Moanataiari Hotel, on the evening of the 24th instant (yesterday,) was grauted on the usual conditions. OBTAINING MONEY BY FALSE PRETENCE. Thomas Audley was brought up, on remand from the previous day, charged with obtaining 20s from Alexander Gillon, by false pretence, at Grahainstowu, on the Ist April last. Mr Tyler appeared for the accused. Alexander Gilion deposed : I am landlord of the Hazelbank Hotel, Grahamstown, and knew the prisoner by the name of Audley. Ho was at the hotel on the night of the Naval Brigade Ball on the Ist April. He was in uniform, and so was a person who came in with him. Prisoner called for two small bottles of champagne which were served at 5s per bottle. He had no money to pay for it. As they were going away prisoner asked me to let him have £1 until next morning. I asked Mrs Gilion if it was right, as I did not know the man. She spoke to him, and he said he would give her a cheque on the Bank, and she could get it cashed in the morning. I seut out a boy for a blank cheque, which prisoner filled up iu my presence. (Cheque produced on Bank of New Zealand, for 30s, payable to bearer —signature very indistinct.) After he wrote the cheque my wife gave him 20s

in silver. My wife said she believed the cheque would be all right. I would not have consented to his having the money without the cheque. I presented the cheque next morning at the Bank of New Zealand, Grahamstown. It was returned to me, “Signature not intelligib’e.” In consequence of what took place at the Bank I saw the prisoner. He told me he had no money in the Bank, but that he would give me the money as soon as he got it. I saw him several times afterwards. He paid my wife 10s for the champagne. I subsequently gave information to the police. Cross examined by Mr Tyler: It was between 8 and 9 o’clock p.m. My wife said she thought it would be all right as he (Audley) had been in the house before with respectable people. He was not drunk. The writing of the cheque is very unintelligible. I took the signature for “Thomas Audley,” but I cannot read it distinctlj’, nor the words which follow pay. The signature to the recognizauoe produced is “ T. G. Audley.” The writing does not correspond with the signature on the cheque. I have been a publican for three or four years, and am not aware whether if I gave credit I could recover for the goods supplied in this way. I did not induce him to give the cheque to secure payment for the champagne. Prisoner repeatedly promised to pay me the money. Prisoner did not offer to pay me 20s this morning. By Mr Bullen : I saw the prisoner sign the cheque. He said his name was “Iliomas Audley.” Ann Gillon, \Vife of the last witness, corroborated her husbandfe’s testimony. In reply to Mr Tyler, Mrs Gillon said her husband was quite sober at the time of tlie occurrence. He is an habitually sober man, and never suffers from delirium tremens. Everybody in the house was sober that night. Audley was quite capable of writing. Cannot say how the cheque came to be so unintelligibly Written.

John F. Maddock, ledger-keeper at the Bank of New Zealand, Grahamstown, identified the cheque produced as having been presented for payment by Mr Gillon, and stated that he could not read the signature, and therefore endorsed the document “ signature unintelligible.” Prisoner never had an account at the Bank of New Zealand, Grahamstown, nor any one of the same name.

Detective Murphy deposed to receiving the cheque produced from Mr Gillon, and to arresting the prisoner, who said he knew nothing about the charge. Have made inquiries at all the banks in Grahamstown. No such person as Thomas Au dley has an account at any of them. Mr Tyler addressed the Court for the defence, contending from the appearance of the cheque it was evident that prisoner was in such a slate of mind from drink that he realty did not know what lie was about, and that there really was no false pretence in the matter at all,on any existing fact, so as to bring prisoner within the criminal law. The R M. said taking all the surrounding circumstances ot the case into consideration, he must discharge the prisoner. KAUAHRANGA HIGHWAY BOARD ELECTION. Mr Macdonald made an application to the R.M., under the Highway Boards Empowering Act, in reference to the late Kauaeranga Board election, with a view to "pset the election of Mr Scott. He read an affidavit from Mr Chas. Walnutt, setting forth that Mr Scott was returned by a majority of 5 votes over Mr Gibbons, and of the votes recorded for Mr Scott G were bad, therefore, he must be in a minority of 1. He asked the Court to grant a summons calling upon Mr Scott to show cause why he should not be ousted from office. The R.M. said he would grant a summons returnable on Thursday next.