CHARGES AGAINST A BROKER.

Auckland Star, Volume XXVII, Issue 88, 15 April 1896, Page 5

CHARGES AGAINST A BROKER.

ALLEGED UTTERING AND FALSE

PRETENCES.

At the . Police Court to-day Thomas Richardson Jamea, who has been carrying on the business as a broker during the paßts few months, was the accused in three cases of alleged uttering and two cases of alleeed falae pretences. Mr Napier appeared for the prosecution and Mr Baxter' for the accused. Messrs N. W. bollard and J. Patterson, justices, presided. The charges against accused were as follows :— (1) On or about the 30th October, knowing a certain document, to wit a transfer of 150 shares in the ISlew Golconda G.M. Company ■ (No Liability), to be forged, did deal with the same as if it were genuine. (2) On or about the, 16th October, knowing a certain document, to wit a transfer of 250 shares in the New Moanataiari G.M. Company (Limited) to be forged, did deal with the same as if it were genuine. (3) On or about the Ist February, knowing a certain document, to wit a transfer of 100 shares in the Harbour View G.M. Company, to be forged, did use the same as if it were genuine. (4) On the 27th February, did, with intent to defraud, by a false pretence, obtain from Thomas Bowen, the sum of £7 10a in money. (5) On the 26th February, did with intent k> defraud, by a false pretence, obtain from Thomas Bowen, the sum of £18 15s in money. The last mentioned charge was taken first, involving the least evidence. Thomas Bowen, clerk, in the employ of Mr Scholium, produce merchant, said be had known accused for about six months. He had been acting as an outside broker, that is, nob belonging to the Brokers' Association. On the 26th February last witness went to see him at the Exchange, and told him he had some money to invest and asked him whab he thought was any good. Accused named half a-dozen different mined, and witness told him he thought he would buy in the VVaihi Console, one of those accused had mentioned. Accused said he thought ib was a good investment, and asked witness if he could get them for him. Witness replied " Yes. Get me 250." Accused said he would have them by the afternoon. In the afternoon between two and three, James told witness that he had bought the shares and the price would be £18 los, and asked him if he could settle for them then. Witness said he could, so accused took him into Mr Ashton's office, where witness paid him the money. Accused gave him the receipt produced, and said he would give him tho transfer next morning. The next morning accused said he had been too busy and had nob had time to get the transfer ; that he would get it the next) day. Accused next day said he could not let witness have ifc for a few days, but, in fact, witness had never got a transfer for the shares ho paid for. The day after he signed, witness received a transfer for tho shares, but accused came and took ib away again a day afterwards, saying that he was going to register ib. Subsequently, accused said he would have to make out a fresh one, bub he had not dona ao. Witness was nob croea examined.

Edward B. Gilfillan, clerk in the employ of Mr Henry GUfillaa, junr., manager of the Waihi Console, produced the share register of the Company. Neither the name of accused nor that of Thomas Bowen appeared on the register as a shareholder on or since the 26th of February.

Accused reserved his defence and was committed for trial. With regard to the second charge of false pretonces, Thomas Bowen depoßod he saw accused on the 26bh February at the Exchange and told him to buy 100 WaihiConsols ab Is 6d. Accused agreed to try to geb them, and Baid he would probably have them by the afternoon. About three o'clock, accused said he had gob bbem, and asked witness for the money (£7 10a), which witnesß gave him, getting a receipb. Accused said ho would give him the transfer in the morning wibh bhe other, bub witneßS hod never received a transfer in reapocb of the shares. Edward B. Giltillan gave evidence to the same effect as before.

Accused reserved his defence and waa committed for trial.

The charge of uttering the transfer of 150 shares in the New Golconda waa next baken.

John William Nichol, clerk in the employ of Mr D. G. Macdonnell, the manager of the New Golconda, produced a registered transfer of 150 shares in the New Golconda from R. Walker to R. F. Buttermore; alao a document purporting fco be a transfer of the same shares from R. F. Bubtermora to T. R. James. The custom waa to pub tho name of the person who presented tho transfer on the back of the document, and in this instance the name of T. R. Jam6B appeared on the back. This transfer had been also registered. Roberb F. Buttermore, parb proprietor of the Sandringham Luncheon Rooms, Queen-itreot, deposed to purchasing 150 shares in tho New Golconda trom accused on 26th October last. He paid accused £8 15s. Witness had uever «old the shares, nor had ever instructed James or anyone else to sell them. The signature of K. F. Buttermore on tho document produced purporting to be a transfer from witness to accused of 150 shares in the New Golconda was nob witness' signature. Witness had never authorised anyone to sign his name to any transfer. It was on the 28bh of March that he ascertained a transfer of these shares had been registered. Wibnees ab once went and saw accused, and said "What aboub those New Gol-! condas I was supposed to bo holding? I see they are sold. What have you gob to say aboub that ?" The accused said, " Hold on, I have gob to meet a chap up Swansonsbreet," and wenb away. That same night witness again saw accused, and asked him about tho shares. Accusod said he did nob know anything about them. Witness said, "I fiee they have been sold, and your name is in the transfer as the buyer." Accused said, "It musb be a mistake, I know nothing aboub it." Witness said " How did your name get there, then? the transfer is made oub in your writing." Accused repeated it must bo a mistake. Witness asked'him if ho (witness) had ever sold him any New Golcondas, and accused replied "No." Accused then said " Leb it remain till Monday. I will fix things up at Mr Geddie' office."

Witness was not cross-examined

Ellis Charles Windsor (apprentice to Mr W, Hall, chemist, Queen-street) and Thomas Bowen deposed as to the conversation between accused and Bnttermore in llobsonstreet, with regard to the shares mentioned.

Detoctive Chryetal, who arrested accused on this charge ©n the 13t»h March, depoa.ed accused replied to tho warrant, "They might have proceeded against ma by summons instead of having me arrested." When witness spoke to him about Buttermore'a shares he said, "I forgot all about it. The whole thing only amounts to £7 10s. I suppose I caa get bail where the amount is bo small."

The accused reserved his defence, and waa committed for trial. .

The othor two cases were adjourned for one week on account of the half-holiday. Bail was fixed at accused's own recognisance of £100, and two sureties ol £50 each