S.M. COURT.

Wairarapa Daily Times, Volume XVI, Issue 5035, 27 May 1895, Page 3

S.M. COURT.

MASTERTOJJ.-MOXDAY. [Before Messrs \V. 11. Beetham and J, Butcment, JP.'s,] jtehael Egan (dim Garratt, and paries Hill, were brought up on remand, charged with uttering a valueless cheque for £5, in favour of Mr Douglass, and signed, "(J. Fendel." The cheque was presented by the defendant, and cashed by Mr J. Tucker, of the Prince of Wales Hotel, Masterton. Sergeant McArdle conducted the prosecution. Mr Pownall appeared for the accused. Sergeant McArdlo stated that the j accused who had been working at; Longdate Station, came into town from Blairlogie where they had j cashed tlto cheques given them at' Langdale, receiving smaller ones of | various amounts in exchange, the j cheque in question being amongst I them, In getting change at the: Prince of Wales Hotel the accused i was asked to sign his name on the j back of the cheque and endorsed it j "G. D. Garratt," It would bej *red that the accused got the j rue in good faith, in change at Blairlogie Junction. Charles Donald Fendall proved that the cheque purporting to bo in his name was a forgery and was not; signed by him. |

John Tucker, licensee of the Prince of Wales Hotel, gave evidence that the accused came to his hotel on Monday evening last. They tendered the cheque produced in payment of drinks, the change was given to Garratt who said the cheque was drawn by the head shepherd at lea station. On the. following morning the cheque was presented at the bank and found to bo valueless. He had never seen the accused before.

■ Detective Gantley proved the arrest of the accused in Wellington on Wednesday last.

On the warrant being read to them, they made no reply, but on tho way to Mastertou on Friday, they /Med that tnoy had received the caequ l ) from Percy Cole, at Blairlogie Junction, amongst others in change for their own cheque received at Langdalestation. When arrested Hill had £7 lis 2d, and Egan £lO 11b 3d in cash, Witness had visited Mr Cole at the Blairlogio Hotel,who stated that he gave a cheque to Garratt like the one produced among others in changeforacheque of £l2 Us, drawn by Elder and Co. The cheque produced Cole believes to bo one that was in his possession since the 15th inst. The accused had cashed tho other cheques in Mastcrton, two at the Club Hotel, and one at the Bank of New Zealand. It was entirely the fault of the accused that they were remanded to Masterton, as they had done nothing to assist the police in making any investigation. For the defence, Mr Pownall said that the Bench would seo that there was no case against the accused, as Mr Cole's statement bore out the facts stated by Mr Gantley. There »no doubt the cheque was forged, there was a certain amount of Circumstantial evidence against the accused, although they got the cheque in good faitli and had no cause to doubt that it was Mr Fendall's.

Percy Arthur Cole, assistant at the Blairlogie Hotel, gave evidence that he had cashod cheques for the accused, on Monday, 20th instant, The cheque produced, was amongst those witness gave in change for a fliequeof Elder <HVs for £l2 3s. Ho believed the cheque produced to have been one of thoso given to Garratt. Ho had received it tho previous Wednesday, but not from either of the accused; he had not seen them in tho Hotel previously. He would recognise the person who presented the forged cheque, but did not know who he was, He explained to Garratt whoso tho cheques were, when be give thorn to him, and told him that Fendall was manager at lea.

Mr Eiddle, storekeeper, Tau'era, was called by the Bench and said Jn reference to another cheque in the ikmtc writing, that he could not say cashed it.

The Bench said thoy rogretted to see two young men like the accused detained on such a charge, and thoy would be dismissed without a stain on their characters. At thesamotime the police had only dope their duty.