ALLEGED FORGERY.

Auckland Star, Volume XXIII, Issue 181, 1 August 1892, Page 4

ALLEGED FORGERY.

Ai-TKR a long scries of cases had been disposed of at the Police Court this morning, Joseph Danber, whose case was reirumded from Friday, , was 'charged' with having forced a certain chequo drawn on'the Bank of New Zealand, Newton, for the payment of £8 15s, and also with having uttered the same knowing it to bo forgod. Mr William Earl deposed that he was a grocer, in Karangahape Road. He know tho accused, who. had previously come to his shop and asked for a blank cheque. On the 7th of May tho accused came to his shop and gavo his name as Johnson. He said that ho. intended to deal with him (Mr Earl). Mr Earl, being busy, sent him in to t.ho bookkeeper, who took down tho order of tho accused. Tho accused tendered a cheque for £8 15s in payment of the goods he received. This cheque Mr Earl received from his bookkeeper when squaring up;his accounts during the evening. Tho cheque then produced was the' one he had received. On being: presented to the bank, tho cheque was returned piorked""No account." Mr Earl further gavo evidence that he had received certain letters signed "Johnson," tho contents of which did nob transpire. He "saw tho "accused- -on —fcbe-fo-1 lowing. Wednesday and the latter asked him to hold over a cheque. He agreed to dd this.

Examined by Mr Campbell : Mr Earl said that the accused was only; slightly under tho influence of drink. The. cheque produced was paid to his book-keeper somo timo between five and six o'clock duiing the evening of Saturday^ The prisoner came to him on the Monday, and ab thab time was considerably tho worse for liquor. In answer to Sergeant Gamble, Mr Earl said that he had nob lost anything by bhe transaction. When he found thab there was a trouble about the cheque bo did nob send the goods. Ho had sinco been paid back the amounb no bad paid over to the prisoner in charcre when the latter gave the cheque in payment of his goods. Ji-mcs Grange, bookkeeper to Mr Earl, deposed that the accused came to him on one occasion and said his name was Johnson. Ho asked for a blank cheque on the Bank of New Zealand. He gave him the cheque, which he had never Teen again. On the 7th of May accused came again, and said he intended to givo an order for goods. Witness took down the order, the amount of which came to £6 7s 3d. This cheque was destroyed, because the accused wished to increaso his order, and another cheque was drawn out for £S 15e. Accused was pretty sober when he came to Mr Earl's on 7th May. In answer to Mr Campbell, the witness stated that the accused was very drunk on Monday, the 9th May, and stayed some hours at Mr Earl's shop, but he was still quite sensible. Thos. Richard Connell, ngent of the Bank of New Zealand, gave evidence that there was no person of the name of Danber having an account with the Bank. He identified the cheque produced as having been presented to the Bank and duly_ dishonoured on the 25th of May.

Detective Chrystal deposed that he arrested the accused on a warrant on the 20th of July last, at his-house in Newton Road. On arresting,, him, .he read the warrant and showed accused the cheque. Accused said, "Oh! I thought that was settled long ago. I gave my wife the money to pay Earl." Mr Campbell, in addressing the Bench, said that he submitted the case bad not been proved, and thab there was no evidence to send the case before a jury, He briefly recapitulated the facts of the matter and stated thab ib appeared to him there woe clear evidence of Dauber being so drunk as not to know what he was about. Mr Campbell then quoted a previous case in the English courts to show that where a, man is so drunk as nob to know what he is about he cannot be held to have bad a design in his actions. Mr Campbell therefore argued that seeing Dan ber according to° all the evidence was very drunk he could nob have forged the cheque with intent to defraud. His actions moreover were not those of a man who intended to defraud. The fact of his urging on Mr Earl to keep back the cheque until bhe arrival of the 'Frisco boat and his nob having taken the groceries ordered, showed that he had no intention of cheating Mr Earl- , ,- • *.v. The Bench took this view of the case, and dismissed the prisoner.