THIS DAY.

Auckland Star, Volume XXXII, Issue 50, 28 February 1901, Page 5

THIS DAY.

ASSAULT

Ralph Ormston, who was found guilty on Tuesday on a charge of assault ing Valentine Wood, causing actual bodily harm, cimc up for sentence. ' His Honor sulci it appeared from the probation officer's report that the prisoner was not known to the police. However, in view of the serious nature of the assault. His Honor could not see liis way to admit him to probation. A sentence of one year's hard labour was imposed. ALLEGED THEFT OF CHEQUES. A young man named Patrick Francis Hennessey was charged, as secretary of the Waihi School of Mines, with stealing (1) a cheque for tho value of £10 11/; and (2) a cheque for the value of £2 14/:;. Prisoner, who was represented by Mr J. 11. Reed, pleaded not guilty. Mr Reed objected to the two indictments being joined, on the ground that prisoner had heard none of the evidence on the second count, and his defence was thereby prejudiced considerably. The fault was not Ihe prisoner's, but the justices', as. they had committed him for trial without taking evidence on the second charge. Counsel asked His Worship to set aside the second indictment on that i ground, or else separate it from the first and adjourn it. in order that prisoner might be prepared to meet it. His Honor said he had no power to quash an indictment which had been sustained by the Grand Jury, and he did not see why he should separate the indictments, as he failed to see that it would prejudice the prisoner to have them heard together. He agreed that the Justices had done wrong in committing on the second charge without taking evidence, and allowing prisoner the opportunity to cross-examine, but he had no power to quash the indictment. The evidence for the prosecution showed that the cheques in question were passed for payment by the committee of the Waihi School of Mines. It was prisoner's duty as secretary to forward the cheques to Mr J. 11. Gray aud the N.Z. Drug Co. respectively, in settlement of their accounts, but the cheques were never forwarded, and the accounts were not paid by the accused until two days after he was arrested. There was evidence that one of the cheques was cashed at the Rob Roy Hotel, Waihi, but the licensee could not remember who presented it. In cross-examination, Mr Gilmore, president of the School of Mines', stated that he had known accused for 25 years, and had never known him to do a dishonest action. Prisoner received £12 a year as secretary, and his services, which were sometimes onerous, were much appreciated. After his arrest accused paid the account for which the two cheques were drawn; his books were audited and found correct.

The defence was that there had been no felonious intent on the part of the prisoner. He had lost the cheque for £10 11/ and about £30 of his own money one night while intoxicated. He could find no trace of the cheque, and remained under the impression that he had. sent it forward to Mr Gray. AVhen he found be was charged with stealing the cheque fie at once paid the account. In the second case he had cashed the cheqiie one night in order to buy some stamps, intending to settle the N.Z. Drug Co.'s account —a small one — later on.

The jury returned a verdict of not guilty, and prisoner was discharged.