EESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3826, 2 April 1881, Page 2

EESIDENT MAGISTRATE'S COURT

THIS DAY

(Before H. Eenrick, Esq., E.M.)

W. Garwocd was charged with issuing a cheque for the sum of £2 i9s to Mr Thomas Lawless, with intention to cheat and defraud.

Thomas Lawless, tobacconist, deposed that on the 28th of March the accused came to his place, and asked for a packet of cigarettes, lie made some remark that he had not been here for five years. Ths last occasion when he came was as a member of a cvicketing team fro ; n Taranaki. He paid for the cigarettes, and then said he had been on the bo se in Auckland, and being on the wherf saw the Kotomahana leading for the Thames, and stepped on board. He was now without money, and asked witness if he would cash a cheque. He asked for a blank cheque on the Bank of Nevr Zealand, but witness replied he had none on that bank, but gave him one on the New South Wales Bank. Accused filled up the cheque for the sum of three pounds, and altered the name Grahamstown, to that of Auckland, afterwards signing it with his own name". The cheque was presented by witness to the Bank of New Zealand,'*Graha«istowri, and three pounds less exchange given fov it. The cheque was returned in a day or so from the accountant at the Baak, with a notice that there was no account of such a name in Ihe bsnk at Auckland. Repaid the tank £3. Saw the accused after the cheque was returned by the bank, end asked him if he haa any money upon him, if so he had better give up three pounds for the cheque, as the bank had returned it as valueless. He then said it should have been upon the Colonial Bank of New Zealand. Accused then wrote the word Colonial over the word bank, upon the face of the cheque. Had tried to get the cheque cashed by the Colonial Bank, but had cot succeeded.

By the accused —Remembered you afterwavds, but at first thought you were another individual.

By the Bench—l cashed the cheque because I thought it was good, and he the individual I thought he was.

H. A. Wait, accountant in the Bank of New Zealand, Auckland, deposed—There was ho account in the Bank under the name W. J. Garwood, nor had there been recently.

A. B. Christian, ledger keeper in the Colonial Bank, Auckland, gave similar evidence with reference to that bank.

His Worship said to the prisoner that the offence with which he was charged had been clearly proved against him Such offences were becoming too frequent and while it was necessary to make an example, he would not now inflict the heaviest penalty which the law allowed. The sentence would be two months with hard labour in Mount Eden.

Court adjourned