RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3473, 11 February 1880, Page 3

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before H. Kenrick, Esq., 11.M.) FALSE PRETENCES.

Mr Driscoll was charjzed with obtaining a suit of clot'bes. value £5 10s, under false pretences from W. J. Claxton. Mr Miller appeared for the accused. Mr KeßDy having stated the case, dalled

William Jamea Claxtcfp,.who depo cd — I am a tailor in Albert street. Grahamstown. I remember the accused coining to me and ordering a snit of clotbes to bo made. This was on tbe 21st of-January. The *suit was to be a light prey tweed, and the co^st £5 10s. I made the clothes and. delivered them to accused last Saturday night, about 10 p.m. He did not pay for them. While.tbe goods were laying on the counter a conversation took place concerning the payment. He said be had just completed a contract for the County 'Council and was to have been paid thai day, and lhat .be would be paid on Monday, and he would either write out an order or pay me himself. I said " which is most convenient Mr Driscoll," and lie said " get me a piece of paper and I'll write you out an order." I gave him a piece of paper, and he wrote out the order now produced for £5 10s. He said I could get the money by presenting the order on Monday morning at the County Council Chambers. I understood from yrkak-he ./said I was to receive the moDSfnW the County Council. I then gave him the clothes. I would not have given him the clothes unless he gave me the order or the money. He did not fell me he was goiDg to Auckland. It subsequently came to my knowledge that he was going to Auckland in tbe Enterprise that night, and I went to see him. I told him the order was no good, and that he had no money coming to him from the County Council office. Pie said it was all nonsense, and asked me to give him the order back. I refused and eventually asked him to give me bank the clotbes. He said he Vould,- and took out 8 paper parcel from a bundle. I broke the paper parcel and convinced myself that they were not my clothes. I told accused so, and he said " all right they're here somewhere, and I will find them for you." Briscoll looked, and after .some time his wife told him to tie up the bundle, and not let me have it. She said "Throw it in the tide first." I did not get it. On Monday morning I presented the order to Mr flollis, at the Council Chambers. 'Mr Hollis said there was nothing due to the accused. I put the matter in the bands of the police, and handed, over, the -order to them. Cross-examined by Mr Miller : I have been in business three months. Mr

Driscoll knew I was carrying on - business on my own account. I knew he was indebted to Mr Marshall last week. I did not mean to let the clothes^jo without the money or an order. Ithooght the order better tbat accused's word to pay me on Monday, Mr Hollis is the person I presented the order to. He told me that the Council did not owe Driscoll any money. When I saw him the second time on Saturday night it was on the wharfs Driscoll said he had a cheque for £25 on him, and said he would pay me if the captain of the steamer would cash it, hut the latter could not do this. Driscoll expressed his -willingness to come to Grahamstown -uni cash the cheque, but his wife interfered. I believe Driscoll intended to defraud me out of the money. " , By Mr Kenny: Driscoll offered me the money on Tuesday morning, but these proceedings haying been taken, I did not feel justified in accepting it. ' His Worship said in the face of the admissions of the witness, he thought it best not to go on with the case. Accused was then discharged. Court adjourned.