S.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4769, 10 July 1894, Page 2

S.M. COURT.

IfASTERTON—THURSDAY. ' Befoic JlctMi T. U Pnco and C 1 ' ~- Hughe?, J.l'a. I On tlio Court resuming, Mr Jack- i on applied to have the information lismissed on tlio ground that in the ' ■ V?-. nformation no Mud was mentioned '■* -% iv imputed. ,">/ Mr Pownall maintained (tint tlio ,(■ ibjectjoncould not ■-tind Jsj tlio iustic'es of tlio Peace .Act it was M vitliin the power of-the-Court to • ; 0 mtirely alter or amend any infornation. He; applied; to ; have .file ivord"fraudulently" inserted. The Bench decided to insert tlio .vord. ' 1 . ; '.' In opening tlio ease for the pros e- A :utiori,.Mr Pownall stated that tlie iccused with the informant (Tato) n worked 'a chaff-cutting machine, B4 leasing it from Mr Gapper.". By igreement between the three,' it wa* J||} lecided that all monies coming to them fi'om this macliino shouldbo paid M Into a joint account. The accused ■ 1 v® lollected, some ,r ; money -from Mr il| Montgomery, a .paypejijforvwork f » done by. tlie machine, anßfiiitead o£ paying it into tlio joint account, lio > nt once cashed the cheque, ovkjho bar counter.of ,thp Club Hotel, , P. C. Rowley, a clerk in the Bank of .New South Wales, Masterton, deposed: Cheque for £1 16s, in' J favoui' of" had been. j., ./** paid into the Bank by MrMandel of the Club Hotel, Masterton (Oliequo produced.) Thomas William Tate deposed that f--liewas an engineer residing in Mas- I terton. In April last, witness; Gap- . T ; s; per aud accused entered into an :; V agreement with reference to a chaffcutting machine, (Agreement produced). This provided for tlio payment of all moneys received in . connection with the machine into a joint accouut in the Bank. Among other cutting some was done for Mr John. Montgomery, of Masterton'. Had not received any, money floMa^pV $ accounted for any money recoiled from Montgomery. . . John Montgomery, builder,; of Masterton, deposed that be had somo chaff cut by an engine run by ; Tato arid accused. Ho paid accused by ■ cheque. No one. else was present when he paid prisoner. -He gave accused the cheque in the Club Hotel/' i , Accused cashed cheque in his, (wjWPC ness') presence, and ■ ordered two ;s drinks at the same time. Did not. see any other money pass for the two drinks. H. H, Smith, manager of the Bank of Australasia,Masterton, stilted that . >' there was in his Bank a joint nc- -v: count of Tate, Gapper and accused, I Cheque from Montgomery was never ' J paid into this joint account,. Tlioaj Inst time any monoy had been into the account was on tlio : 25th May, Neone had paid any money ,V vj into the account since that date, By Mr Jackson:. Cheques wore . paid when drawn by Gapper. and accused. The account was opened by the payment of £lB, Did not know, whose money this was. ' S, E. Gapper deposed that lio was ■' a party to the agreement with accused and Tate. Did not see the others sign. Had not received any W, j money from Montgomery.'- Had not | over consented to accused dealing with the money otherwise than by paying it into the Bank, The ac-^. \ count was opened by the three partics and the money belonged to tlio three.

By Mr Jackson : Part of : : |l the money paid into the Bank first of all belonged to witness. The £lB paid into the bank was the : j result of somo operations _,of jl. ~ .i«-l threshing machine, whiclnYas in the : > lmnds of Tate and the accused. Out .j of this ho was to get a portion at j tho rato of Id a bushel for all grain threshed, ■ 1 Re-examined by Mr Pownall: j Robinson told him that lie (Robin- j son) had not received the amount due from Montgomery. The entries , J in tho book were in accused's hand- -| writing. T. W, Tate re-called: Saw tlio | accused about last Tuesday or I Wednesday. Accused then said he was going to borrow some money ' and pay Mr Gr&ppcv and tlio I accounts. Also saw Robinson after I his arrest on Saturday night, and asked him about the collection of tho money. Accused admitted collecting a lot, and said if ho could get out on bail he thought lie had a friend from \ whom ho could borrow the money. This closed the case for the prosecution. Mr Jackson for the defence, contended that from the terms of the : agreement, the accused could not steal the monies of either Gapper or Tate. . , • , , | Mr Pownall replied that the agree- ; j incnt gave Mr Gapper an undoubted m '; - ■ partnership in the money, , After a short consideration, thoJt Bench committed accusedfov triaLSR Accused decided to reserve "frlk defence. / The prisoner was then' ch/ with the theft, under similar cir stances of £G 15s fid. I T, D. Thompson, hotelkeepoif ' posed that lie had some chaff cu done, for which lie paid accuse! Juno 23rd. Paid £1 previously, : remainder £llss by cheque, fa . ' S. E. Gapper agreement between himself, affibt and Tate. Accused had not accofe ß ' for T. D. Thompson's amount ofl ment. . .... I H. H, Smith repeated his evicfl • J. as to tho joint, ac%nt cflKtd Gapper, Tate and cheque Mi Mr 15s on June 23rd had not into this account. T. W. Tate with reference to agreement by unused. ence to tlif' |illl iouht £8 l&t ; from ThotiJP son ) he received but the. neyer•beotf riccoun ted for.- ■ By* Mr Jfckeon: Would wils not ceived the. cheque. in Robins4's possession was cashed Would swear with (accused, ciised) was;' going to.cash Belioved lje cashed it'at Remained/ outside changed cheque. him when! he came out. own boarijl out of this ' By the Hjenclr: Didnpta^^^^^^l This cation. Mr respect to be llr Tate done.

i\, foot of neensed having shown tho : cliequo to, and shaved it with, his K' partner, was sufficient to acquit him of tlio oliargo of ombodoment. Prisoner was then charged with tlio thoft of £ll under the same circumstances. H. H. Smith repeated his evidence with reference to tlio joint account in tho' Bank of Australasia, No order on Lovin it Co. by William lmd bcon placed to the credit ofUhnt account, ; F, 0. liowloy deposed that an order on Lovin & Co. (produced) had heon placed to tlio credit of Josoph Mandel, '''l, Joseph Mandel stated ho cashed the order mentioned by Mr Eowloy. I Cashed it for accused. Latter had given him a cheque in payment of his account, anditlmdbeenrcturned dishonoured. This order was in payment of the account for which . tlio cheque was given. By Mr Jackson: Did not know the date of the cheque. I S. E. Gapper repeated his cvi- ' donee. Tlios. Tnte repeated his evidence without material difference, except aslMmmes, etc. 'ByTlrJackson: Had from time to time received monies out of the .Jwrnings of tlio machine, Remembered two specific instances of obtaining £2. Between tlio chaffcutting and tho threshing accounts he had received perhaps £0 or £7, Accused occasionally paid wages to the men. This was a proper dealing with tho money. Re-examined: The wages were r> paid by cheques signed by accused and Gapper, Did not consent to the cashing of Strang's order. Counsel having addressed the Court, the Bench decided to commit accused for trial. He reserved his defenco.

'Did Coui't then adjourned until thin morning, JJail was fixed at LIOO himself, and two securities of LSO cacli. jL . JIASTEIITON-TUKSDAY, -JPw -- (Beforo Mr T. Hutchison, S.IL) VAM'ELKSS UHKQIT Charles Robinson was charged on the information of J. Wickens with nttering' a, valueless cbequo for £l, on tho Bank of Australasia, Masterton. \ Mr Pownall stated that he had * jußt been instructed to prosecute, and begged to withdraw the information, on the ground that the accused when lieprescnted the chequo told Mr Wickcns that another signature was required. Mr Jackson Rppoared lor the accused. Tho information was theroforc dissj. missed. . Accused was then charged on tho information of William Francis with having issued a valueless chequo on tho Bank of Australasia, Masterton, for £l. Mr Pownall appeared for tho prosecution, Mr Jackson for accused. William Francis, called, elected to give evidenco on affirmation, Mr Jackson objected to the Coui't receiving this evidence. His Worship decided to receive tho evidence. jj Witness, continuing, stated that J ho was ft lodging-house keeper iu Mnsterton, Accused stayed in his • place and becamo indebted to him (y for 13s. Ho was paid by accused with a chequo for £l, and gave him 7s chango, Did not obtain payment on tho chequo. By Mr Jackson: Accused did not say anything when ho presented the chequo, Ho (witness) did not make any domur at taking the chequo, Smith, manager of the Bank of Australasia, Masterton, stated that he was present when Francis presented the cheque. There was no account at tho Bank in the name of the accused. There was an account in tho name of Tate, flapper and Robinson, To Mr Jackson: Tho initials "n.5,f.," meant "not sufficient fnnds," but they should have been " n.0.," no effects. Had once paid a cheque for £2, for which accused had paid into the Bank the amount to meet it.

Mr Pownall said that he had not 01 drafted the information. The charge should have been laid as one of falso pretences. If this information was dismissed it would simply mean the ■ laying of a fresh one. Mr Jackson said he was willing to /j ■ f meet the other side. His Worship said he would not consent to an instantor hearing on another information, and dismissed the caso, w On the Court resuming Charles Eobinson was charged with false ' pretences in giving to William | Francis a chequo which ho knew to ' be valueless and by which he ohrtaA tained 7s. ' W This being simply an alteration in 1 Hn, the form of the information, the j HHL witnesses gave tho same ovidencc as before. For tho defenco Mr Jackson mainthat Hie Worship must ho HHHHatisfied the accused presented the in order to obtain the 7s HBSH^fthange. ■H His Worship answered that this unnecessary. The false pretences ■SBBRay in representing the chcquo as a ( order on the Bank, whereby he j 7s. HHHkMr Jackson, continuing, quoted ] showing that for false proten- ( it was necessary to show the to obtain the change. Then, the time of tho payment of the BHKeqi&hisonly representation with was that lie would meet | HHHHHwthe Bank on Monday, lie had f UH| arrested, and had not been able | H^mH|Heet |HHHHarlcs Robinson, accused, deposed ' HHBE he Baw Francis at his house in ( Latein tho afternoon \ told him that ho owed 13s, HHHHH intimated that he required pay■HHt, Witness paid him a cheque ■BHWiI, and said, "Itwill be all on Monday morning." Had HHHfIfIHS f lln ds in thejh'nk, but had on Monto n: tlic cheque. onSat a y ftlu j DHanßHßioi been fthlo to e j tj, 0 cheque account, H. |ieaiis 0 f o ]j. HHHHhHKHU money to w, jf ] ie had liberty. Pownall swear j was owed i C y { 0 \ ty of £l. any to obtain a 0 f t] lo to pay Franci.yy ftg oww i MHHjMSBEKLmnt by M l ' am i, of Te give to on on the guilty' hard the

| of which ho had boon defrauded, from any monoys in tho possession of tho [prisoner,

His Worship donbtod whether lio had power to do so. After considerable discussion, it was decided' to allow tho mattor to stand over.

Tho Court then adjourned,