ALLEGED FRAUD

Wairarapa Daily Times, Volume XVI, Issue 5189, 23 November 1895, Page 2

ALLEGED FRAUD

A VALUELESS CHEQUE.

■c At the Mnslerton S.M, Court yes--11 terday afternoon, Alexander Mitchell was charged with attempting to de--11 fraud John Tucker, licensee of tho d Pi'inco of Wales' Hotel, by issuing ir and uttering a valueless choquo el drawn on the Bank of Australasia, on November 17th. is Mr C. A. Pownall appeared for ; c defendant, who pleaded not guilty. Sergeant McArdle.wlioprosecuted, said he was at a loss to know what position ho occupied as the accused admitted the cheque was drawn on a Bank at which he had no account, and yet ho pleaded not guilty, is John Tucker, landlord of the it Prince of tho Wales Hotel,Mnsterton, it gave evidence that the accused it visited the Hotel on Sunday, Nove ember 17th, and said, he came fromg the Lower Valley in company with 1 if a lady. He had refreshments at the d Hotel for himself, and tho lady also d had dinner which he paid for in cash d Witness knew the cheque produced 3. having received it from tho e accused who tendered it in payment )- for his tea. Witness deducted cost s. of tea and sixpence for exchange and y also for some cigarettes. He gavo n change sixteen shillings. Witness n presented the cheque to the Bank n and it was returned marked "no ii account." e To Mr Pownall: Witness never s saw accused beforo. Accused left his n hotel, and wns away the greater part d of the afternoon, when lie came back i, he showed signs of heavy drinking, ii but witness would not call him t drunk, il To His Worship: He relied on tho i genuineness of the cliequo, when ho i. cashed it. Cashed it as an ordinary J business transaction. - Accused, in making a statement, s said he was short of money at that a time. Got drinking too freoly, and i must have given tho cheque whilo in i, drink He possessed a good chari acter in the district, and had no pret vious convictions against him, and ! referred the Court to Messrs A. and . J. Martin and Mr Coleman Phillips, I station-holders of the Lowor Valloy, i for references. He was willing to I pay back the monoy on Monday ; next. There was nothing against , him in this district, Had lived hero , about seven years. , On the advice of his solicitor, ac- : cased withdrew his plea of not guilty and pleaded" guilty." Counsol asked that a fine should be inflicted in lieu of imprisonment, as accused belonged to a respectable , family and otherwise bore a good 1 character. The cheque had bqen given while accused was in drink, and ho (lid not remember giving it. The writing on tho chequo would satisfy the Court that tho man was very drunk or that he was a very bad scholar, His Worship to Sergt, McArdle: "Does accused hcaragoodcharacter'?" Sergt. McArdlo; " I believe so Tour Worship." His Worship to-Mr Pownall: "If \ this is the first offence, why hav.ei you not asked for probation ?" Mr Pownall : " Accused would rather he fined." His Worship: " Rather bo fined! For what reason; are you afraid of the report of the Probation Officer P" To accused: "Are you quite suro that you have not been convicted before ?" Accused: "I was convicted once in Christchurch in 1886." His Worship: " Why did you say that you had no previous conviction against yon P" Accused :" I forgot," ' His Worship to Sergeant McArdlo' I' What convictions are there against accused ?"

SergeantMcArdle; "Three, Your Woi-slnp, for forgery and false prefences atGhristchurch in 1886 " His Worship: "The Court is asked to accept grave responsibilities hi being requested to inflict a fine with such convictions as these a against the accused." ji His Worship went on to sayhjl did not wish (o send the man to gaol if he was thoroughly reformed. He would therefore hold over his sontenco till Monday next so that Sergoant McArdle could make enquiries as to the man's character.