AUCKLAND POLICE COURT.

Waikato Times, Volume XIII, Issue 1090, 19 June 1879, Page 2

AUCKLAND POLICE COURT.

Tuesday Juse 17, 1879.

FALSE PBETENCES. David Edward Khind, of the Thames, clerk, was charged with obtaining, on the 6th June, from William Coleman, solicitor, .£3O, upon a bill of exchange, by stating that Dr. Campbell, merchant, Auckland, was his uncle ; that the doctor was absent at present, but, on his return, would pay the £30 upon the bill givou to Mr Colemau. Sub-Inspector Pardy conducted the prosecution, aud Mr E. Hesketh watched the case for the defendant. Mr Pardy opened the case, by statin** the particulars, and called William Coleman, who deposed that he was a solicitor practising m Auckland. He had known the prisoner for the last eighteen months. On Friday, the 6th instant, prisoner called at his office for the purpose of accompanying him to his honse, having previously invited him while m the Waikato. While m his, o#ice, he stated that ho was going-

to Gieborne by the steamer on the Sunday following, and that he was short of money. He said that he wanted £30. In reply to a question by witness, he said, " If my uncle, Dr Campbell, were m town, I could get what money I required from him." In reply to a question, prisoner said, " Dr Campbell is at Waiwera, and he will not return to town until Monday. He then said, " I will give you "a bill of exchange on my father. If you present the bill of exchange to Dr Campbell on Monday, he will immediately pay." The accused then signed it. (Produced.) It is signed by the prisoner, and drawn upon Dr Rhind, 19, Hill-street, Edinburgh. The bill is for £30. Prisoner handed him the blil of exchange, and on looking atit, witness noticpd it was drawn upon Edinburgh, and simply for £30. Witness said, " Mr Rhind you have not added the evchange, will Dr Campbell pay me the £30 m full. He said, "Yes,; Dr Campbell will pay the £30 m full immediately you present the bill." The prisoner then added, " He is m tha habit of doing things of this kind for me." Upon these representations, witness gave prisoner a cheque upon the Bank of New South Wales for £30. Witness made no charge, merely did it as a friendly act. Monday arrived, and belioving prisoner's representations, -. he presented the bill to Dr Campbell about mid-day, and told him what the prisoner had said, and asked him to give the £30. Dr Campbell declined to pay, and denied that he was prisoner's uncle ; he denied that he had been at Waiwera, or that he had been out of town'on Friday, Saturday, Sunday or Monday. Witness then went to the 1 bank, and found that the cheque had been cashed. The steamer Ladybird did not sail on Sunday. It was on the representations made of the relationship subsisting between prisoner and Dr Campbell that witness advanced the money, and not upon tne bill of exchange. He would not have advanced the money upon the bill of exchange, as he did not know prisoner's father ; did not even know that he had a father. Of his own knowledge, he did not know whether prisoner had a father ; and had only the prisoner's statement that he was a native of Edinburgh. [The cheque given prisoner y/as produced.T From the conversation with Dr Campbell witness understood that prisoner was a ninety-ninth Scottish cousin. To Mr Hesketh : He had one business transaction with prisoner about August,' 1878. He had known prisoner previous to that. The transaction was the conveyance of, a piece of land m Ponsonby to prisoner, which he had purchased. ' That transaction was purely a business transaction, and satisfactory. When prisoner came to him on the 6th instant, he asked whether he had parted with that land. He had no befief m the matter, either one way or the other. Previous to the 6th June he had heard from one of his own relatives that the prisoner was related to Dr Campbell. Ha believed, however, .that the statement came to his relatives from prisoner himself. He was not prepared to say that he would not have lent him the money .except upon those representations made on the 6th of June. He did not ask the prisoner for an order upon Dr Campbell. He was regardless of the form the document took, so long as Dr Campbell honored it. Af ter Dr Campbell refused to honor the bill of exchange witness had not an opportunity of asking prisoner for an explanation of his , conduct. He laid the information against him. He did not know that persons had written from England introducing the prisoner to persons here as a, nephew of Dr Campbell. To Mr Pardy : Prisoner vounteered the document. Witness did not ask it. Dr J. L. Campbell deposed that he knew the prisoner, but he was not a nephew of his. He was a relation. Prisoner' s grandfather was the second or third cousin of witness. He was not at Waiwera from the 6th to the 9th instant. He had not been m the habit of cashing documents, similar to the bill of exchange produced for the prisoner. This was the first one that had been presented to witness. He had previously shown prisoner pecuniary kindness. He had asked the prisoner when m Hamilton to draw upon his father for the amount he had advanced. That draft was remitted home and paid. Ho had given the prisoner no ground for believing that such a bill would be paid by witness on presentation. The business transaction he had with prisoner was three years ago. Since then he had no business relations with prisoner, except some letters he had sent him. About 12 months ago prisoner consulted him about goiug home. Had the prisoner come to him, instead of Mr Coleman, he would not have advanced the money. To Mr Hesketh: The pecuniary help he gave prisoner was guaranteeing his board and lodging for six months. Before the expiration of the six months, he asked the prisoner to draw upon hia father for the six months' board, which draft was duly paid. From that time to the time he consulted witness about going home, he was m the employment of the Bank of New Zealand, at Hamilton. He gave the Bank of, New Zealand security of £1000 as a fidelity bond for him. When he spoke of going home he was m command of funds, and said he was m receipt of a remittances of £200 or £300. He went home, and returned m the Alastor, now m harbour. He resigned his position m ~ the bank before going home. It was since " his return that witness received the two letters from prisoner. He had no intention, and expressed no wish to anyone, to leave town on the 6th inst. He did not 1 know the prisoner's father. Frank Foxton, teller m the Bank of New South Wales, deposed that the cheque prodticed, drawn on Mr Coleman, was paid, on the 7th of June. Mr Hesketh asked His Worship to rule whether the money was advanced upon what prisoner stated to Mr Coleraan on the 6th of June, or mainly or partly upon Mr .Coleman's knowledge of prisoner. If His Worship ruled that there was a jiriuia- ■ facia case made out, he would reserve his defence until the case came before the Supreme Court. The relationship existing between the prisoner and Dr Campbell, and the fact that the doctor had previously honored a draft upon^his father, should go far m the prisoner's favor. His Worship wished some time to look up oases, as the point raised was a nice one. Mr Pardy said m considering the case, His Worship should remember that prisoner stated that Dr Campbell was at Waiwera, which was contrary to fact. His Worship ruled that the Waiwera statement was a false representation, and left no option but to commit. The evidence was read over, and the prisoner fully commitied for trial at the next sitting of the Supreme Court. , On the application of Mr Hesketh, prisoner was admitted to bail— himself m bonds of £200, and two sureties of £a6.