POLICE COURT-THIS DAY.

Auckland Star, Volume XIX, Issue 221, 19 September 1888, Page 5

POLICE COURT-THIS DAY.

(Before DtGiiesj^lkt;)

BB.WN-REN-NKSS.—TWO first bfenders weitf •otLoh. fined Ss'and eosW. Jam^s __ia__i wa^ fit>ed 10s and costs, or 4-3 heurs 4 Alice Murphy-, alios Qlseh, was" fined £sand eesta or 7 days in defaults AlLECffilV Forgery, -, Sdward Murphy Was charged that he did on the IsfeJiine, ieionieuslyj with Intent to defraud, ofler, übteri depeeeof| and put 0$ a certain promiesery Bote .&»< fehe payment of £20 8s Bd, the said Edward Murphy Well knowing the Same ts be forged»~-*Mr Brehtim eonduetoa the preseeutfefl, and Mr -Johnston appeared fd? tho di^eneei^ William AleXander Murpfayj farm labourer, at the Avondale Lunatic ABylum, deposed that the aeeused Vras his fatheri %U did not sign the promissory note produced, but he had authorised his fathe? to do So on several occaiions^ |The note Was signed by his name. His father had always aoted so in his absence. He always had authority from witness to use his name when he wfcs atuok Itt tnoney taabters, tie had'never before, eatorcUed that ' t_-thorlby on prbmlslpory hetes. Witness- did hob authorise, l»im W ;%h that particular promissory note. Ho, had told his father to use his name whenever ho was stuck. That was about two; years ago. He remembered Deteotlve Walker calling upon him at the Asylum. Witness told him that his father had his authority to use bis name. Witness had seen Mr Maxwell, hut had not. mentioned that his father had authority to use his name.—By Mr Johnston : Witness considered himself bound to pay this particular note, although he had not given authority to his; fatter to sign it. His father had often bought and sold cattle for him.—By the Benoh : His father had signed receipts in his name. Could not mention any other use his father had made, of his name. Ho'had no account at the Bank of New South \Vales.— James Maxwell, settler, Ponsonby, deposed to thedeiendant seeing him on the Ist of June about setUing a bill-of-sale which witI ness had on his cattle for the last seven i years. Witoess'had'put"the bailiif in, but 'consented to withdraw, providing abilldwing to a Mr Wylie was settled so as to secure witness. His Own bill-of-sale was for over, £60. The accused said that he would raise the moneys. Ultimately a promissory note was drawn purporting to have been given' by his son, the last witness. That'was the note-pro-{duced. Mr Olipharit drew up the note. j Witness agreed to take that note. Witness j saw accused's son at the Asylum on the .th of this month.—His Worship objected to, this evidence, as the accused was not present at the time,—Mr Broham said that he wished to lay the full facts of the case before the Bench to show how the case came before the Court.—Dr. Giles: Of course I can quite understand that the police get certain authority and then ■ witnesses do not always adhere to their first [ statements.—-Mr Broham : This information I was laid by this witness, after he had seen Murphy's son at the Asylum, f—The witness further deposed - that ;it was after seeing the accused's son at the I Asylum that witness laid the information.-*----j Dr. Giles said that it appeared to him that i the case had fallen through, but of course ;it was for Mr Broham to decide.—Mr Bro- [ ham preferred.that'Mr Oliphant's evidence 1 should be taken before the case was decided Peter OUphant, solicitor, deposed that he 1 acted on behalf of the last witness. He ; filled in the' promissory note produced on the Ist or June last, in -the presence of Mr Maxwell and the accused. It was for £22 8s 2d. The note was given to the accused, who said that he would have to go to the; Asylum to get his son's signature. He returned three or four hours afterwards an handed in 'the note signed "William Alexander ::\^hrphy," ■■'.''', H6 . said thait his son had eighed the note. , The' accused; endorsed it. lyhen .the note was presented at the Bank it was returned marked" no account."—Dr. Giles again intimated that he considered that, the case had falleh through, whereupon Mr Broham Baid that such being-the case he W°uld not proceed further.-—His Worship said that;there was nothing in the case upen which he could commit the accused. There might have been suspicious circumstances, but thoaehad now been cleared by Mr Murphy, jun., coming forward in Court, and stating that he had given his father a general authority which covered his action. As he admitted his liability Mr Maxwell had got all that he wanted, and therefore the case must be dismissed. ■■■'• ,<-.^:* . Vyfy -'■■■- :-;', :■■