RESIDENT MAGISTRATE'S COURT.

Waikato Times, Volume X, Issue 793, 17 July 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

Alexandra, July 12. (Before Major Mair, E..M.) James Kollinaoa, of Alexandra, was oharg«d, upon the information <<i Coustuble Kirk, with having, at T« Awamu-u, on or about the sixth day of July, 1877, feloniously furg^d, uttered,' and put off, well knowing cue same so be forged, a certaiu cheque for ta3 payment of two poundj sterling, with iutent tv defraud one William iSloane, of Te Asva. rautu, storekeeper. ftowland Francis Lacoo, s«rorn, stated : I am assistant storekeeper, residing at Alexandra. I know the prisoner. He called at the store last week, either Wednesday or Thursday. He asked mo for a blank; cheque. He said that a mau owed him money, and that lie was. goiug to get i'c from tiim. He did not say who tne man was, I gave the prisoner the blank cheque. The cheque book (was upon the Union Bank of Australia Aucklaud) produced is the one from wuich I took the blank cheque. No other person has, to my knowledge, got a cheque out ■of this book since. The number >a the butt of the cheque is 23014. The cheque produced is the ode thac I gave to tho prisoner ; the number on it corresponds that on the tmtfc. I have been residing iv Alexandra about one year and eight months. I do not kuo of any person named John W lrwin or Irvin, m Alexandra, or any where iv the Waikato. William Oliver, sworn, stated : lam A storekeeper, residing m Alexandra, saw the prisoner oue day last week. 1 think that it was on Wednesday he came to my store, to buy a few yards of calico, and tendered me a cheque m payment for the calico. I looked at the cheque, aud said that the name was strange to me, that I could not cash it, unless it was backed by some person that 1 knew. I said, if he would go into Mr As muss's, next door, and get him to back it, I would cash it. He said, ' the ' cheque is quite good, that is my name on the back of it.' I would not cash ie, as he was a stranger to m*, aud I did not give him the calico. The cheque produced is the one that was presented to me by the prisoner. The prisoner ro turned to my shop two or turte days afterwards, and bought the calico, tendering a halfsovereign m payment. At the time prisoner presented the cheque, he remarked that it was all right, that the person who had signed, was living somewhere about Te Awamutu.' I do not know any person of that name residing about Te Awamutu. To prisoner : I am not sure whether it was Wednesday or TiiursJay night that you w«re m my. sho.j. I oanaot swear ' that that is the same cheque, but the one that you presented waB aiiniUr m every particular, ttie same dato, amount aud name, an! the same endorsement ou the back. lunderatool you to say that the person signing th* cheque, lived at IV Avvamucu, or- thereabouts. I could nob be quite certain, but 1 know that Te Awamutu was mentioned. I believe ilia', it was either Friday or Saturday uight that you came for cilico tue second time. Your wife was with you when you came on Saturday uight, and oue of you tendered me the h-Uf-aovereign. I caunot be certain which of you gave me the money, The cheque waa datud the fou<th or fifth of July, but I am not quite certain which date. ' Wm Sloane, sworn, stated : I am a storekeeper residing at Te Awamutu. I know the prisouer. I have kuown him betweeu four and five years. On either Thurday, July sth, or Friday, July 6th, morning last the prisoner o*ine into my store at Te Awamutu, and said to mo, I 1 owo you a small account ; how much is it?' 1 opened my lodger, and replied ' Fire shillings and sixpence.' £te s-id, 'Iwill piy you,' und produced a cheque. I took up theciieqie, looked at it minutely, and s.iid, • Whose signature is tuis ?' tie replied, 'Irs am m who lives at Hamilton.' I said, • What i^ iiis name ? aud the prisoner replied ' J W Irwin.' I remarked tb*t he waa a stranger lo me and that T never hoard of t»e raan aoout Hamilton. He then Buid he had got cheques from the man, meanng Irwm, sevoral tim^s. and had got them oashed at Mr G-wynue's, ai Hamitoo. I lookel at tin back of the cueqae and saw that it was .endowed by tue prisoaar, tb serving that

the writing oil ,lhe fac^g^the cheque was Uie same as the endorsement on th 3 back, I asked/ the/>ubnerwho'fllled m fche cheque; kncL he replied 'I did.' I then asked] fhim^Swh/ he filled it m and he replie£ '/Irwin does not understand, ffllingl m oh^ ao'l filled it m for him.' >I"?;hen - ..cashed /the cheque tendered by prisoner to-ine. The cheque now produced is the very cheque that I cashed. I hare no doubt whatever about, it. After deducting the amount owed me .by prisoner, 5a 6d, from the cheque, which was for £2. 1 gave him 4s worth of cocoanut oil. and made out an account tor the 5s 6d, and alao the *3 ; the balance then would be £1 10a, deducting 6d for discount on* the cheque. I then gave the prisoner the £1 1() 3 — this made upthofull amount of the cheque. Prom information which I received, that Constable Kirk was looking after this same cheque, and having business m Alexandra, I broug.t the cheque with me and handed it ov«r to Constable blirk. I have bben m the Waikato about twelve years. I know moat of the people m W nkato. I do not know anyone named J W Irwin. I have known people of the name of Irwm, but not m Wuikaio. 1 did not make any enquiries about Irwin, because I had known prisoner for along time and supposed thai/it was a genuine cheque. To Prisoner : Comparing your endorsement on the back with the signature on the face of the cheque, I should say to the best of my bolitf it was written with tae same pen, the s=.me ink, and I should think With the same hand. Thomas Kirk swore, stated : I am a Constable m the Armsd Constabulary and also Clerk to the KesLient Magistrates Oourt, Alexandra. On Wednesday the 4th inst or Thursday the sth iuafc I heard that the prisoner, James jßollinaon was enquiring o£ several parties lor a blank cheque. On the Thursday m the Friday 1 was informed that he had teutered a cheque to Mr Finch of the Alexandra Hotel, aud asked him to cha,ng3 it, and at the same time asking" one or two men to drink wuh him. 1 made inquiries about the matter. I learned also that the cheque had been presented at Mr Duffus's store on Saturda? evening the 7th inst. I wrote the name J W Irwin, the name that I had been informed was on the cheque, also the amount twopouuds, and gave it. to Mounted Constable George with insfcruotioas to make c nquiriea 01 the storekeepers at Ie Awarautu and if possible to discover the cheque. On Saturday I met Air Sloane m Alexandra and ho informed me that ho had received the cheque wuiuli he laeurd iuad been enquiring abouc j he thun give ifcto me. The cheque produced ia the one thac was given to me by Mr Sloane; and the outs indentiQed by the last witness. It is numbered MO 2J014, dated July 4, 1877, Union Bank of Australia, Auckland, payable to Jamea Hollimou, or bearer, the amount is two p muds, and it is signed by J W Irwin or J W Irvin> endorsed on ihe back James ttolliuaoQ On Monday, I proceeded to Humlcou to enquire at the branch of the CTuion Bank of Australia if any person of the name of J W Irwin or J W' Irvin had an account there, and from the lephes received from the Union Bank of Auckland, I considered it my duty to lay 4'i iuforinatioa against tha prisoner. A warrant. was then iaa,ued for bis apprenension. I returned to Alexandra On fueaday night and arrested prisoner, at hta h use at about one o'clock. I m. formed him that he was - arrested for forging and uttering a cheque, and cautioned him iv the usual manner. He denied the charge and re ai anted to bis wife, ' you remember seeing that man iv the house on Thursday (Cue sth inst) sign the cheque ?' his wife hesitated to answer, and prisoner said •it might have been Wednesday or Thursday.' His wife said yes. I then took the prisoner to , the look-up, when he remarked that Irwin might have ' gone to the Thames.' I have been residing m vVaikato more than eight years and have a knowledge of the whole district and of the people. I only konwr one Irwin, now iv the Constabulary at Wellington. By prisoner : lam not certain whether you said that Irwin might hav<j gone to the Thames, or that you said he had gone to the Thames. It is quite possible there might be a man m the Waikato of the name of Irwia without my knowing of it. The prisoner was fully committed for trial.