CRIMINAL CASES.
■ WITHDHAWAL FBOM DUTY. .A rthur Kirk was charged that he being a member (a constable) in the. Armed Constabulary Force of New Zealand, without being authorised in writing by the Commissioner or some person authorised by him, did unlawfully withdraw from his duty. . . Prisoner pleaded guilty. Mr Bullen stated that in April last tho defendant, being stationed at. Wpiroa, obtained one month's leave of absence, and had not returned to his duty since. Prisoner said he had only one month's pass, and finding he could not get back in time he had remained absent.
' His Worship said the journey was certainly a long one, and fined prisoner £5, or one month's imprisonment. Amelia Thornally was charged with feloniously forging a certain deed in or about August, 1874, purporting to be a conveyance of real estate situate^ at Thames from one George Bagg to Raika Whakarongotai and to have been signed by the said George Bagg, with intent to defraud. Mr Tyler for the prosecution ; Mr Brassey for the defendant. All witnesses were ordered out of Court on the application of Mr Tyler. Mr Tyler said that the particulars would not necessitate him to occupy the time of the Court, and proceeded to state the circumstances of the case, which were of a very involved nature, under which the charge was made. He stated that Mr Bagg never signed his name, being unable to write.; neither had he ever authorised any one else to do so; and that he should show that the defendant had either forged the deed herself, or else had a guilty knowledge of the forgery, and called — Samuel Martin, who said —I live at Grahamstown. I work as a miner. I have known defendant about 6 or 7 years. About 3 or 4 weeks ago the defendant called my attention to a paper. . She said, "Do you recollect a man giving me a deed?" or words to that effect. I said I thought I did. I didn't pay much attention to what she said, as I had no interest in the business. She spoke to me again the day before yesterday, off Pollen street, towards my place—towards the Thames school, near my house. She said she was going to give me a summons to appear at the Court. I- told her I didn't wish to lose my work to go to the Court. She said she'd pay me my day's wages. I swear this is all. I saw Constable Brcnnan. This is my signature | (document showed). I signed the statement in Grabamstown last night. I remember 3 or 4 years ago, I saw a man come up to Mrs Thornally when'l was in conversation with her. He spoke to her — I don't know what he said—and gave her some papers. I am sure it was more than twelve months ago. It was in Pollen street. I wouldn't swear to the man again. (George Bagg called) I can't swear that is the man.
William Henry Grace, sworn, said—l am licensed interpreter; I know a native named Raika Whakarongotai. I know Henry Vickery and Mrs Thornally. I interpreted tlie deed from Jiaika to George Bagg. The deed producod marked A is the deed. That is my signature as attesting witness. Mrs Thornally was present when the deed was signed at Mr Snowline's grocer shop, not far from here. Mrs Thornally, I thint, came down with Mr Vickery and Mr Dodd.. I think a promissory note was giren by Mr Vickery to Mrs Thornally for £22 10s. I understood she was lending the money to enable Vickery to buy the allotment. I think Air Vickery took the deed. lam not certain. I next saw the deed about August last. It was brought to me by" Mr JJodd, the solicitor. ■••He said Mrs Thornally had never got her money back, and now they wanted a deed straight - from the native Raika to Mrs Thornally, a3 the
deed marked A had never been registered, and the Native duty had not been paid. I said " I dont see my way clear to get another deed signed, you had better see a solicitor first." I saw Mr Brassey, he came into my office at the time. He told me to get either a surrender or re-con-veyance from Bagc; to Bailta, and theta. Raika could sign a deed to Mrs Thornally without any fear. Mr Dodd said something about Mr Bagg being-at the Waikato, and it would take a long time to get the conveyance signed. Mr Dodd took the deed A' away for the purpose of getting a re-conveyance put on to it. At that time the deed marked B was not on it". The deed marked C was given to me at the time by Mr Dodd to get Eaika to sign. The words Mr George Bagg on the back were not on it at the time. 'I next saw the deed marked A about two months after; previously to this a short time, after Mr Dodd had taken it away, he brought it back with the re-conveyance unsigned, endorcedon it for Mr Brassey's approval. Mr Brassey approved' of it, and Mr Dodd took it away, again. About two months after the-time when I saw the deed marked A, the deed B on it was executed in the way it is. now. Mrs Thornally (for some reason or other) gave the drawing up of the deed from Eaika to Ehrenfried to Mr Brassey instead of Mr Dodd, who had, I understood, been acting for her hitherto. A deed was prepared .by Mr Brassey, and executed by Eaika. I saw it signed before the [Resident Magistrate. During the interval between the time I saw the deed A in August, and theexecution of the deed prepared by Mr Brassey. I saw the accused several times in my office. \ She used to ask me whether the deed was signed, &c. I told her the cause of delay was that she must get a re-conveyance from Mr Bagg. I remember on one occasion she said that Bagg was here at the Thames and she could get it done. [Left. sitting.]
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https://paperspast.natlib.govt.nz/newspapers/THS18750728.2.12.2
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Thames Star, Volume VII, Issue 2048, 28 July 1875, Page 2
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1,025CRIMINAL CASES. Thames Star, Volume VII, Issue 2048, 28 July 1875, Page 2
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