MAGISTRATES' COURT.

Waimate Daily Advertiser, 17 September 1898, Page 8

MAGISTRATES' COURT.

J±t £he Magistiate'fe Court, Wdimste, .sal Tuesday, before Messrs Sinclair, Manidio^ter, and Graham. J.P's., P. J. Murphy ivjs charged that, on September 16th, he did obt.'im froiii the Union Bank of Ausiraha, Waiinaio, the sum of £15 by means of a cheque diaw-n on tho National Bank, Oamam, the said cheque being dishonoured. Mr Hamilton conducted the prosecution, and Mr Haney appealed for defendant. Mr Ha2*\ej said that, without disrespect to the Bench, he thought it. would be ad- \ isp hie if uny ot them had accounts in the Union Bank that tliej should not sit on the case. Mr Hamilton, on being appealed to, consideied theio could be no objection, and the Bench replied to Mr liarvoy that they w ere summoned there on a public duty, and each was perfectly unbiassed. Mr Hamilton detailed the circumstances of the case, and called Geoflrey S. Matluas who. sworn, said he •was the manager ot the Uuion Bank of Australia. He remembered the Oth bepteinber, Mr Murphy came into the loom, ■and asked ,if he would cash a cheque drawn on the National Biuik, Oamaiu. Accnced handed his choqre-book and a Hkecl to have a cheque filled in for £15. Witness asked if there weie funds available to meet the cheque, and _ accused replied that there were. The cheque pu>duced was the one. He (hen gaiethe money the cheque being signed by accused m. witness' presence. Asked a second , time Ai there were funds to meet the < cheque, and accused again answeied in the affirmative, adding. '' Is it likely I am going to commit a felony. 1 ' The cheque ■\\ as forwarded to Oamaru the same day, and a wire was received the following morning saying that it was dishonoured. Mr Butt overheard the conveisation as he > came into the room with the money. To Mr Hamilton -. Accused said he wished to remit the money by wire to a man named James Munro. Had no idea what he did w ith the money. He relied , on the accused's assurance that there were funds a\ailable. During cross-examination by M» Harvey witness said he cashed the cheque because he knew Murphy. He had since been told that accused had funds impounded m the National Bank. Proceedings were tttken simply to recover the money. He thought it might be paid before the trial. It so the matter would have been dropped. To witness 1 recollection no reason was gn en for the want of the money. He had not heard that the money was sent to James Munro. He was positive that lie asked if there were funds to meet the cheque when presented. Leonard Butt, sworn, said he was teller .at the Union Bank of Australia, Waimate. He knew accused by sight. Bemeinbered

seeing him on Tuesday (lie 6th. when he came into the bank and asked it the manager was in. his room. Was not sure, but told him to go in. He remained in the room. 111- conversation with Mr Mathias for some minutes ; did not hear what passed. The ne\t thing he heard was the manager a«kmg Murphy it there were funds to meet the cheque, his reply being being in the affiimaMve. Mmphy added something else which witness could not distinguish. He was then called into the room and the cheque (produced) handed to him by Mr Mafchias who told him to ca'jh it with tin cc fh o pound notes. Did not see what Mr Mathias did with the money. Took the cheque m the usual course and forward it to Oamaiu, whence it was i etui ned dishonoiued. Cross-examined by Mr Harvej : He ov ci heard the conversation trom the counter. Was sure the words were : ■"Now, Miuphy, have you funds to meet this cheque when presented." "He had spoken on the matter to Mr Matluas, but had not discussed it. James Heni'j King, sworn, said ho was accountant m the National Bank, Oamaru. llnew accused. Haw him in the Bank on the sth Sept., abuut 2 p.m. Had a con\crsation m which he told Mr Mmphy th.it his funds were impounded by the Supreme Court, and chat the B.mk could not pay any cheques drawn by him until the older was released. He showed Mr Murphy the older (produced), but did not load it to him. He gave witness the mipiesbion, in comersation, that he did not think the order interfered with him in any way. Had not seen the cheque — it had not passed through his hands. • Cross-examined by Mr Harvey : When in conversation Mr Murphy gave him the impression that he could bonafide opeiate on the account. Accused did not mention that he got advice hi Dunedm from a solicitor to that effect. Mr Murphy had J6lOO to his credit at the time. He had reason to believe that Davidson had not obtained judgment. The order was merely for the piesent. Cross-examined by Mr Hamilton : Had told accused he could not operate, so that he knew if he gave a cheque it would not be cashed while the order remained m foice. The order was in force till close of business on Sept. 12th. This was all the evidence. Mr Harvey said tins was one of the most peculiar cases that had happened for some time. It was not a case m which a man gave a cheque which he knew to be valueless. This was a case in which a man gave a cheque while he had money to his account and had been told by a leading Dunedin solicitor that he could operate. This was not a prosecution by the police, who were the proper persons to take up a case in the interests of the public, but it was to enforce the payment of a civil debt by a criminal prosecution. There was no doubt, on the evidence of Mr King, that there was no

fraudulent intent, and if their Worships took this view of the ca&e the matter was at an end. If a inaii had a bad past reputation it would weigh in the case, but Mr Murphy had an excellent reputation and had no troubles but monetary ones. He could have got the money easily by simply asking for it. According to his own e"\idenco Mr Mathias knew accused as a respectable person or else the cheque Would not have been cashed. He subjiutted that there was no case to answer. The Bench retired for a few minutes, and on resuming said that they had conio to the conclusion that there was some doubt as to fraudulent intent on the part of accused. Accused appeared to have clung to the idea that the older was not sufficient to prevent the Bant paying. His action in di awing the cheque was, to say the least, iudiscicet. The case would be dismissed. The Court then rose.

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