SUPREME COURT.

Auckland Star, Volume XIX, Issue 142, 16 June 1888, Page 8

SUPREME COURT.

(Before His Honor Mr Justice Gillies.) Forging and Uxteking.—Two young men named John Phillips and Frank Walton were charged that they did on the 21st April last feloniously forge a certain cheque with intent to defraud, also that they did oiler, utter and dispose of a valueless cheque with intent to defraud, well knowing the sumo to bo forged. Mr Franklin appeared on behalf of the prisoner Phillips, and Mr O'Meagher defended the prisoner Walton. Both prisoners pleaded not guilty. Seventeen jurors were " challenged " by counsel for the defence. — Mr Williamson, in opening the case said that the prisoners were charged with forging and utteiing a certain cheque. _ Of course it was almost impossible to consider that the actual writing of the cheque could be done by two people, although cases were known where one man had made the plate, another prepared the paper, and a third lilled in the instrument. In such cases all the parties were considered as principals. They had no direct evidence as to the signing of the cheque, but there was sufficient to show that both prisoners were concerned in tlio writing of it. The cheque on the face of it had all the appearance of a bona-lide cheque, and the signature bore a striking resemblance to the original. The prisoner Walton was a clerk in Mr Dufaur's office, and as such he had an opportunity of becoming acquainted with the signature of Mr W. S. Whitlcy, and his manner of drawing up his cheques. The prisoners were frequently seen together at Mr Dufaur's office, and a day or two after the 21st April there was found a slip of paper with £20 sterling which might have been written by any person who was experimenting. Mr Whitley would tell the Court that the signature was not his. Theform on which the cheque was made out was a National Bank cheque altered to " Bank of New Zealand," andit was one of three chequesobtainedfrom Upton and Co.'s by a young man who was said to resemble Phillips, but could not be identified. On the 20th of the same month Phillips had presented another of the cheques obtained from Upton and Co., and purporting to be signed by Mr Osborne, at the National Bank. lie (Mr Williamson) did not say that there was anythingwrong with this cheque. As to the uttering, the evidence was more direct. A man' named Williams was in the Free Library on the 21st, when Phillips gave him the cheque signed by Mr Whitley to cash. Williams took the cheque to the police station, and from thence it was taken to the bank, and found to be valueless and a forgery. Walton was not present at the time, and with regard to tho uttering, there was no evidence against him. After the prisoners were arrested, Walton was told that Phillips had said he had forged the cheque, and Phillips replied, "You so and so, putting a fellow away like this." —Evidence was given in support of these statements by the witnesses named,— No witnesses wore called for the defence. Mr O'Meagher asked whether there was evidence against Walton to go to the jury. His Honor decided in tlio affirmative. Counsel then addressed tho jury. Mr O'Meagher submitted that there was no evidence against Walton, excopt that he had been seen in the company of Phillips, and there was no evidence to show that either of the accused obtained tho cheque from Uplon and Co.'s. There was nothing against Walton except the unsupported statement of Phillips to the detective. —Mr Franklin also addressed the jury at length on behalf of Phillips, and His Honor having summed up, the jury retired.

A plain and fancy dress ball to close the second season of Caledonian socials is announced to take place shortly.

Mr It. J. Duncan, Secretary of the Political Financial Reform Association, has today sent the following telegram to Mr D. Goldie, M.H.It. : — "Committee arc considering estimates ; will forward report. Treasurer's professed inability reduce ridiculed. Communicate with yir George Lirey, Messrs Monk, Withy Peacock, and other members. Might not resolution affirming necessity reduction lump sum, like Captain Russell's, be now moved."

The panorama of the world was exhibited at the Ponsonby Hall last evening, and attracted another large audience. An extra exhibition will be given on Monday night, when portraits of the late Crown Prince and his successor will be shown.

The Burns Club have agreed to give another entertainment on behalf of the Industrial Association, and they are also to give a concert in connection with the Young Wen's Christian Association course 'of lectures.

The gathering of large crowds daily by tlio corner of the Waverley Hotel must sooner or later result in some serious accident. At 2.30 this afternoon a boy named Herbert Conlon was knocked down and run over by a trap belonging to the Singer Sewing Machine Company. A couple of bystanders carried the lad to Siiarland's chemist shop, where, upon examination, it was found that no bones wore broken, although the wheel of tin* fc*""-1 '^.issed over the boy's IcO,