R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3755, 16 March 1891, Page 2

R.M. COURT.

CARTERTON—SATURDAY.

(Before Colonel Roberts, R.M.)

ALLEGED FORGERY,

James Malcolm was charged with that he did between the 15th and 18th days of February last alter an order from SI 3s to £1 13s. Mr Acheson appeared, for the accused and Mr Skipper for the prosecution. Charles Gurote, who gave evidence on the bearing of the case on Tuesday last, w*3 repealled, and further stated, in answer to Mr Skipper, that the order now produced was the order which was written by Hon! in, and was written in the dining roi next to the kitchen. The order was. or £1 3s. No one was in the room but him and Honkin. He took the order from Honkin and gave it to the accused. He could write in his own language and could make figures. He knew the difference between 3s and 13s. The order was not now in the same state as tthen ho gave it to the accused. There had been a one added before the three, making it thirteen, but he did not know when the one was added to it. The alteration to the order was made in the shillings but not in the ponnds. He did not know by whom the alteration was made.

To . the Court: I keep books. I make entries myself in my own language. My language is the Hanovariau language. I did not write the order, only put my name to it. There was another order made at the same time for anooher man for £1 17s.

Charles Robert Underbill, sworn, deposed that he was manager of the Te Awake station. He knew Gurote, and he had seen the accused. The last witness (Gurote) was working on the station (contract work). He had an order presented to him for _ 1 13s by a man who had been working for Gurote. It was not the accused who presented the order. He asked tbe man his name and he gave the name of Jntnea Johnston. The order produced was the same as presented for payment. He met the order by giving an order on Riddiford & Son, He did not know whether that order had been met. He only knew the accused by sight. He had beeD working for Gurote. It was a usual thing for a contractor to give orders to his men. To Mr Acheson: I do not remember more than two orders given by Gurote. I entered into a contract with Gurote for scrub cutting. I

read the agreement over to him before he signed it. The accused, sworn, deposed that his name was James Malcolm and he knew the prosecutor, Charles Gurote, and was working for him prior to the 16th February last. He received an order from him. The prosecutor altered the order after it came into his possession by putting a one before the three by the request of Johnston. One Gallagher was present at the same time and Johnston and Gallagher were in a position to see the prosecutor alter the order.

To Mr Skipper : The alteration in the order was made by the prosecutor at the suggestion of Johnston because he owed Johnston 10s. He heard Johnston say that Gurote owed him 10s. He also heard Gurote say that he owed Johnston 10s, and < would give him the order when he went to the station. All three wenc to the station together. The order was not given to Johnston, but the 10a was put on to his order. His order was written out for £1 3s. He did not see the order written. He only saw the figure one added to the order. He could read and write. He did not know who wrote the order, The same pen and ink was used, and he would swear that Gurote put the 1 to the order. He did not alter the order himself. He would not swear that the lame pen and ink was used, but it was in the same room. The order was handed to him by Gurote. He did not see Honkin in the room at the time. He saw him going in and out of the whare. If Honkin said that the order now producad and as written by him and handed to Gurote for £1 3s was not altered by the prosecutor he spoke falsely. Re-examinad by Mr Acheson : I ;did not nee the order written. The order was for £1 3s when I first got it and the order was altered by the prosecutor to £1 13a in my presence, at Johnson's request, because he owed Johnson 10s, The reason that the 10s was added to my order was that the prosecutor said be had no paper and would have to go to the house for some, and Johnston said that he (the prosecutor) could add the 10s to oqy order, Alfred Johnston, sworn, deposed that he knew the accused James Malcolm, also the prosecutor Gurote. IHe was present when the prosecutor gave the accused an order on the 16th February. He saw the order when it was given to Malcolm. It was for £1 3s- He saw the prosecutor alter it to £1 Ids by putting the one before the three. He altered it at his request, because he owed him 10s. The witness, by the instruction of counsel for the accused, declined to, say who cashed the order, on account of a charge implicating him in thl alleged forgery. f

To Mr A cheson: I mean to sa j that I won't answer any question* | in respect to the order after it wa altered by the prosecutor and handed to the accused, I

Peter Gallagher deposed that h j was a laborer residing at Te Awaite [ He knew ihe accused, also the pro; secutor. He remembered the lCtl February last. He Saw the pro, secutor. He remembered the lGtl: February last. He saw the pro. secutor give the accused an order for £1 3s. He saw the prosecutor alter the order from £1 3s to £1 13s, Johnson asked bim to do it. He understood that the alteration was made for wages owiDg to Johnsto-. The order, after being altered, was handed to the accused.

To Mr Skipper i When the order was altered there were four of them present, viz., the prosecutor, the accused, himself and Johnson. The order was given in the room called the dining room. Tnecook was in and out during the time. He could not say whether he was present when the order was given to the aocused The prosecutor was speaking falsely if be said that he did not make the alteration in the order. The pen and ink was brought into another room for the purpose of altering the order. Malcolm gave the order to Johnson sometime afterwards. He was workiu gon the same contract or Gurote.

The information was then dismissed by the Bench; j