SUPREME COURT.

Auckland Star, Volume XXXIX, Issue 197, 18 August 1908, Page 5

SUPREME COURT.

CRIMINAL SESSIONS. The criminal sittings- of the Auckland Supreme Court were continued yesterday afternoon before Mr. Justice Edwards, the Hon. J. A. Tole, K.C., prosecuting for the Crown. NOT GIULTT. ; CHARGES OF FORGERY. The hearing of the case against Sake Akarana, charged with forgery and uttering a cheque for £3 10/- at Waihou on March 27th la6t, was concluded. After hearing evidence for the defence, the jury, after a brief retirement, found a verdict of not. guilty. Mr. J. R. Reed conducted prisoner's defence. Accused was then charged with forging and attempting to utter a cheque for £56 at Kawa Kawa on March 26th, and pleaded not guilty, Mr. J. R. Reed appearing for the defence.

In opening the case for the Crown, the Hon. J. A. Tole, K.C., said that a Mr. Galbraith had some clothing stolen from him, and also a cheque book.* A cheque from this book was filled in for- £ 56, and signed in the name of Mr. Ross. It was presented by prisoner to be cashed to a blacksmith, where prisoner owed five shillings. It was subsequently presented to another native at tne hotel. Prisoner was arrested, and after his committal for trial, and when being bronght to Auckland, admitted that he and others had forged cheques and endeavoured to pass them on. Evidence was called in support of the case for the prosecution, and the Court adjourned until this morning. TO-DAT. When the Court resumed this morning further evidence fr/i? the . prosecution was called. Further cross-examined hy Mr Reed, the witness Paul denied having put the cheque buts in prisoner's pocket. He attended the dance mentioned. Asked if he had done any work; this year, the witness replied in the affirmative, but when asked "When?" could not give any date, but said it Was not so very long ago. Witness saw prisoner cash the cheque, and himself had a drink out -of- the proceeds. When witness' brought the basket from Kawakawa, it was wrapped in an oil coat, but the coat was such an old one that he threw it away at Ohaiwai. It was during prisoner's absence that witness gave information to the police. While at Ohaiwai a cheque was cashed by another Maori at the hotel. That cheque bad been given to witness by prisoner. He denied that he gave the cheque to the other Maori in the Star Hotel. He. now knew for the first time that that' cheque was a forged oneMi- Reed: I "suggest that you gave that hoy the cheque and told him to cash it. Witness: How do you know that T gave him the cheque? Continuing, the witness said that if his (witness') brother said he gave the cheque to the other boy, it would be false. Prisoner had put his brother up to make such a statement. Asked as to why his (witness') three brothers and sisters should give evidence against- him, witness replied that they (his -relatives) -liked the prisoner, and did not like him.

His Honor* remarked to prisoner that he had better be careful about his statements, because, there was such, a...thing as perjury. : - . ... _' Continuing, the witness' said', that prisoner had suggested to him that he should say that Danny. Munnie . had forged the cheques. Rawneley had taken witness and prisoner to the Sergeant of Police. It Vas prisoner's suggestion regarding a cheque cashed with a bookmaker. Mr Reed: Did you not decline to make any statement then because it would clash with what you had previously said? Witness hesitated so long over his reply that his Honor remonstrated with him, and ordered him to at once reply to Mr Reed's question. Witness then replied—"Tbs, I- did." James Marshall, a blacksmith's assistant, deposed that prisoner presented a cheque for £56 in payment of an account for 2/6 for horse-shoes. Witness could not cash the cheque, and prisoner put the cheque back' in his'pocket. Witness , whole conversation was with Paul Kake. To Mr Reed: Witness knew that he had been specially requested to give evidence in the Lower Court by prisoner. Paul Kake was a customer of witness. He did not know whether prisoner was a customer of another blacksmith; he had once or twice brought hie horses to witness. Harry Over, barman at Waihou Hotel, on March 27, said that the following day he saw prisoner with a cheque for £56, which he handed to 'Bob Foy and the latter handed it to witness, who was unable to cash it, and returned it.

Samuel Rounsley, a storekeeper, at Whangarei, said he had an account at the National Bank, and the cheque produced wae not written out by him.

To Mr. Reed: Prisoner had worked for witness. He knew prisoner was constantly jn wokr. Paul's statement that stantly in work. Paul's statement that he handed the cheque to prisoner in witness's presence was a lie. When the sergeant was taking down Paxil's statement the latter refused to say anything. Christopher Galbraith said that the stolen cheque book was his property. To Mr. Reed: At or near where a dance was held at Wakapawa, a dress basket and a coat were stolen from witness' buggy. In the coat was the cheque book and some other papers. Timothy Kyall, constable stationed at Kaikohe, deposed to finding some cheque ■ butts in prisoner's_potket_ yesterday. To Mr. Reed: The circumstance of his finding the butts were that the witness Paull informed him that if he (witness) searched prisoner's coat at his lodgings he might find the butts. Prisoner and Paul lived in the same lodgings. Constable Kyne, stationed at Kawakawa, said he escorted prisoner to Mt. Eden gaol. On his way prisoner admitted his guilt, saying, "I know I'm guilty; .I'm sorry for what I've done," adding that three other Maoris were just as guilty as he was. Prisoner said that he had forged and cashed two cheques. To Mr. Reed: Witness could not "state that the statement produced was one put in by prisoner at Ka.wa.kawa. He had no doubt that the statement was the on« put in in the Lower Court. That statement gave a detailed account of which prisoner had to do with the £56 cheque. He could not say whether Kiri Kake. whom prisoner asked for as a witness, had ben spoken to by the police. After the trial in the Lower Court, prisoner was in witness , custody for three or In Outlining the defence, Mr. Reed said that the witness Paul was the man who ought to be in the dock, and not the

accused. On the nigbt of Marek SOtt; Paul attended a dance at WlwlffßWW, but accused was not there. Mr, o*l--braith had aleo attended iht, daaM, uri when the function -was over found that a dress basket and eo*i oontaiaiaK "• cheque book were stolen. On the following day Paull handed the stolen,huaket to a native, asking him to take it to Uα (Paul's) father. . Evidence would be given by Paul's own.brothers and nates that they saw the native 6>H»*r the basket, and saw Paul open tie baekrt and destroy some papora and part of « cheque-book. _ :. -• - /