SUPREME COURT-Criminal Sessions (Concluded.)

Auckland Star, Volume XXVII, Issue 7, 9 January 1886, Page 8

SUPREME COURT-Criminal Sessions (Concluded.)

(Before His Honor Mr Justice Gillies.)

Forgery.—ln the case of Edward Lewis, 'i! charged with this- offence, Beath Ann"?'" McManus, wife of the leseee of the Terminus-il Hotel, Helensville, deposed that Malono ! left £4 with her to take care of for him.: • t Could not say that she had seen prisoner before. A few days after she received a., telegram requesting her to send the money f to Mulone at the Queen's Hotel. Accord-: "1 ingly she forwarded it by her son. —William 1 McManus, son of the last witness, deposed I to forwarding the money through the post; according to the directions on the telegram. The expense of transmission, 3s Bd, waa I deducted from the £4.—Alfred Pulling, I bush contractor, living at the Manukau i Heads, deposed to meeting the prisoner '■■'■i in town and lending him 10s for his»'wifo. They were opposite the BritMij| Hotel, left him at the corner of Shortland- ;■ I street. Met him again at the same place. ;| Hud no drinks.—George Gates deposed WjS being with Lewis at tho hotel at Helens- I ville on the 27th June last. Malono was., there. Saw Malone band the £4 to Mrs' ■ McManus. Prisoner might have neon it. Mot prisoner two days after outside the* 1 Opera House, and went with him to the,;| Victoria Hotel. Did not see any trans- 4 action between Lewis and Mr Luke.—John-Tl Grind ley, licensee ot the Queen's Head.:•£ Hotel, deposed that prisoner called at the I hotel and asked for a telegram in the name I of Malone. He replied, Yes, He handed I it to him. Could not remember the';-| exact address. Thought it was Mj| Malone. It was about five o'clock,'?;! Did not know Malone. — By prisoner] 111 swear I handed you the telegram. — Pris-iS oner: If you swear that, you perjure 11 yourself. — His Honor to prisoner: Yo.u;|s must not talk in that way to a witness.— ■ By Mr Williamson : Prisoner called twice | about a telegram. He identified !l prisoner at once among others at the Police I Station. — R. F. Luks, proprietor of (jjib. 1 Victoria Hotel, deposed that the prisoner ■ and a man named Gates stayed one night I in his hotel, on the 26th. On the 27th, I prisoner called and asked him to advance ; £2 on an order from the Money Order- 'j Office. He said an order was as good as a 1 cheque, and he would cash the order in fall, I Ho did so ; gave him £3 16a 4d. He wrote hie 1 name, Michael Malone on the back ot the 3 order, he did so in witness's presence,;'! Had no doubt <«s to the identity of prisoner,;^ By prisoner : I recognised you amoDg the 1;| prisoners at the Police Court.—John F, I Schmidtgaveeyidenceasanexperttothetwo | signature?, which were identical, and in hia'i opinion were written by tho same hand, -4 Prisoner having addressed the jury, His 'i Honor summed up, and said the simple;! questions for the jury to consider wero,,.1 " Did the prisoner receivo the money Irorai| Mr Luks? and did ho sign the order ag i M ichael Malone at the Victoria Hotel; Or i is it likely that Mr Luks was mistaken in ?| the man ?" The jury retired to consider '"k tho evidenca and found prisoner guilty.— I Sentence, six calendar months with hard I labour. Unlawfully Wounding. — Stephen J March surrendered his bail and appeared on if a charge of unlawfully and maliciously'||| wounding Duke 3 Glover on the 26 h ult, 1 at Ellerslie.—Mr Resketh appeared for the I prisoner, and said, before Mr Williamson-J( opened his case, that it. was more of an ?! accident than otherwise, and after heai|-V| ing Mr Williamson he should adviseprisoner how to plead.—Mr Williamson1; i said, from what had come under hii t notice, he believed that it was accidental, and that no serious harm was intended.—-gl On the advice of Mr Hesketh, the prisoner pleaded guilty to a common assault,-Mr-.& Hesketh then addressed the Court in miti- ' gation of sentence, the prisoner being a ''re; || spectable man and an old resident in Auckland.—His Honor said ho had looie|;S through the depositions, and thought thaf v the throwing the glass, as counsel had said, was not done maliciously.—His Honorfjp thought, therefore, as he had widely pleaded, guilty to a common assqult, the ends of jus* tice would be met by a fine of £5, which/;"----prisoner was ordered to pay.

This closed tho criminal session?,