RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 266, 8 June 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Sattjeday Mat 6,18G8. (Before J. Giles, Esq., E.M.) OBTAINING MONEY BY FALSE PBETENCES. T.W. Melville was charged with obtaining money by false pretences, from Alice Trafford, on the 27th of April last. Mr. W. Pitt appeared for the prosecution ; Mr. Campbell for the defence. Alice Trafford deposed : —I am the wife of John Trafford, and keep the Q.C.E. Hotel in Freeman Street. In April last prisoner transferred the licence of that house to me, and I took the house of him. He asked me £3 rent in the first instance, nothing was mentioned for goodwill, but I promised to pay him £2O for two months rent in advance, the terms being that all ground rent was paid. Prisoner said that all ground rent was paid up, and that I should have no other expenses whatever. On that, the agreement produced was prepared, and I paid the £2O, and entered iuto possession. I carried on business till Wednesday last, the 13th instant., when the bailiffs came in to execute a distress warrant, for ground rent due by Mr Melville. I believe the amount was £37. They distrained upon my property, and they are in possession now. If I had been told that there was ground rent due I would not have thought of paying the £2O. The statement that there was no ground rent due induced me to part with my money. By Mr Campbell : —I paid nothing for the goodwill or furniture. There was a little furniture in the house and it is there still and is seized by the bailiff. All kinds of drink belonging to me is seized, but I cannot tell how much. The value, if I sold it a 11 would be about £3O. I do not know the quantity, and I do not know its cost. Mr Melville said all ground rent was paid before I paid the money. Nobody else but Mr White was present at the time. Melville did not then or at any other time say he was acting as agent for it; he said he could let it or sell it as he liked. I have not enquired whether the claim was a correct claim or not. I have not been near him nor seen him since the bailiff has been in the place. Re-examined by Mr. Pitt: —I was to hare possession of the house and furniture for three months for £3O, £2O of which I paid in advance. By the Bench:—l had the conversation with Melville about the ground rent on the day the agreement was signed ; I asked him if the expenses were paid up, and he said they were. He mentioned the word ground rent. Thomas White proved that he drew out the agreement between Melville and the prosecutrix. Witness asked Melville in her presence if the ground rent was paid up and he replied that every thing was paid up, and that there was not a penny due on the property. The agreement was then prepared and the money paid. By Mr Campbell:—l live close to the Q.C.E., and I was called by Mrs. Trafford to prepare this agreement, and see the arrangement. Mrs Trafford at that time made no enquiry of Melville as to the ground rent, but I did. The conversation took place in the front parlour of the Q.C.E. The licence was included in the bargain and had three months to run. I cannot

say whether the licence was in Miller or Melville's name. I never thought the house was Miller's, though Melville said it] belonged to Miller. I have heard him say so previous to the transaction. I have complained to the police about the shooting gallery put up by Melville. Melville is insolvent and owes me money. Re-examined by Mr Pitt:—Mrs. Trafford might have asked about the ground rent, without my hearing. B. Balmer, proved the execution of a lease, by Melville for ground at £GO per annum, payable quarterly in adTance. Mr Tyler proved that the Q/C.E. Hotel, was erected on that ground and that on behalf of Mr Johnston, he had demanded rent due. On the 7th of April, notice was given that if the rent was not paid a distraint would be put in, and £5 was then paid on account, and about a fortnight after that another £5 on account of the rent. Both payments, were made in April. At that time £45 rent was due. In consequence of instructions received, witness put in an execution on the 3rd instant, for £35 arrears of rent.

ByMr Campbell:—l do not know of any bill of exchange, ever having been given for any portion of the rent. In defence, prisoner positively denied that he ever said the ground rent was paid, in fact no one asked him. Mr Campbell, submitted that there was no criminal pretence proved whatever. It was the prosecutrix, business to ascertain whether the ground rent was paid, but in any case it was the prisoner's property, or the property alleged to be prisoner's, that would suffer ; at the outside, it was merely a case to recover damages, if any injury occurred to tbeprosecutrix ; It was in any case a case of agency, the rent being owing by Miller, and not by prisoner ; a bill of exchange had been given by prisoner for a portion of the rent claimed and, and he (Mr Campbell) submitted that the right of distraint was waived for that amount. He concluded by saying that there was no evidence shown to render this a criminal charge. The Magistrate had no doubt there was much difficulty in the law of the case, but thought that it came within the range of the law. He was not prepared to take the responsibility of discharging the case, and he should therefore, commit the prisoner to take his trial at the ensuing District Court, bail to be allowed, himself iu £SO and two sureties in £25 each. The Court then adjourned.