SUPREME COURT.

Press, Volume X, Issue 1194, 4 September 1866, Page 2

SUPREME COURT.

September 3,

[Before His Honor Mr. Justice Gresson and a Common Jury.] His Honor took his seat on the bench at eleven a.m. precisely. POBGERY AND T/TTBBIHG-. Alfred Robert Sturge was placed at the bar, charged with forgery and uttering, and two previous convictions. Prisoner pleaded Not Guilty, and was defended by Dr Foster. Mr Duncan having opened the case for the Crown, called as his first witness Daniel Kiall, who deposed as follows—l am a sergeant of police in Lyttelton. On 19th June last, I arrested prisoner at the bar on a charge of forgery. He said his name was Roberts. He said his name was not Sturge. He got violent. He struck constable Fynmore, who was with mc at the time, and refused to go to the station. I took him to the station and searched him. I found four blank cheques on the Bank of New Zealand, which I produce.

Cross-examined by Dr Foster—l was in plainclothes at the time I arrested him. He said he would not go to the watch-house. I had told him I was a constable.

Robert Beattie was next called, and sworn— I know prisoner. I saw him at my hotel (the Warwick Hotel, Christchurch), on the 19th June last. He came to pay a bill of 16s due by another man. He presented mc a cheque, which he said was drawn by the Resident Magistrate at Kaiapoi. He said it j ought to be a good one; it was for £5. He wrote his name on the back of the cheque. I gave him the balance ef £4 4s of the cheque. I thought the cheque was a good one. He ■aid he was doing business at Jjeeston. The cheque produced is the same. Examined by Dr. Foster — A man came on the 13th June and spent 10s. Prisoner came on the 14th and paid it. This man said he was servant to the prisoner. I next saw prisoner on the 18th June, in the evening. He asked how much he owed mc ; I said 16a j this was for the other man's board. I had never seen either of them before. Prisoner presented the cheque to mc to pay the 16s. I looked at the cheque j prisoner said ho got it from Mr Pauli, the Resident Magistrate at Kaiapoi, and that it ought to he a good one. I gave prisoner a pen and ink to endorse the cheque. William Arthur Crooks was next called, and ■worn—l am a stable-keeper in Kaiapoi j about tho 12th June last I received a cheque on that

day from Mr Pauli, tho Resident Magistrate. I showed that cheque to prisoner ; I guvo it to him in change Tho amount was £1 17s 6d, signed by Mr Pauli. I saw him sign it. Prisoner had the cheque a quarter of-an-hour. 110 gave it back to mc. I took possession of it, and got it cashed.

Br Dr. Foster—l gavo prisoner the cheque in chargefora£schequogivenrneby prisoner, and signed by him, on tho Bank of Now Zealand, Lyttelton. The cheque was honored. William Berjew Pauli was next called, and sworn—l am Resident Magistrate at Kaiapoi. I first saw prisoner in tho Resident Magistrate's Court, Christchurch. I know lust witness. I gave him a cheque about tho 19th June last. Tho cheque produced is not my signature. I never gave prisoner a cheque for £5. I know no one in the province of the uame ofß. W. Pauli. My name is W. B. Pauli. There is no other Resident Magistrate of that name in the colony. By Dr Foster—My account is at the Union Bank of Australia, Christchurch.

Robert Cooper Rose was next callod, and sworn—l am ledger-keeper at the Bank of New Zealand, Kaiapoi. There is no account there in the name of B. W. Pauli. I know the last witness.

This closed the oaß© for tho Dr Poster called James Restonfwho deposed as follows—l remember the 11th Juno last. I was in company with the prisoner at the Bank of New Zealand, Lyttelton. I saw him pay £50 in to his own account. • He had besides at the time a balanco of £16 17s to his credit. Prisoner drew out £16 17s, and left the £50 in the bank.

Dr Poster addressed the jury on behalf of the prisoner. He went over the principal portions of the evidence, and conoluded a very able speech by asking for a verdict of acquittal for his client.

Mr Duncan having shortly replied for the Crown, his Honor the Judge summed up the evidence to the jury, reading over portions of it and commenting thereon aa ho proceeded. The jury retired, and after a short absence, they returned into Court with a verdict of Gnilty.

The prisoner then withdrew his plea of Not Guilty as to the previous convictions, and pleaded Guilty. He stated his ago was twentythree, and said he had nothing to say why the judgment of the Court should not be pronounced.

His Honor sentenced the prisoner to penal servitude for six years within the colony, computed from the Ist September inst. NO BUI. In the cases of Joseph Crawford, for horsestealing, and J. E. White, for obtaining money under false pretences, the bills were thrown out by the Grand Jury. The Court then adjourned for half an hour. IABCBNY. On the Court resuming, Benjamin Joseph, charged with larceny in a dwelling to the value of £5, was placed at the bar, but on it appearing that the prisoner did not understand English, an interpreter was sent for, and the prisoner, who was a native of Portugal, was removed until the interprectr arrived. OBTAINING MOHBY TTNDSB FALSE PBBXBKCES. Henry Harvey was next placed at the bar, charged with obtaining money under false pretences. Prisoner pleaded Not Guilty, and was undefended.

The Crown Prosecutor having opened the case for the Crown, called as his first witness ThomaslMills Pepperell, who deposed as follows :—I remember the month of May, 1863. I was at Timaru. I was in business there then. Prisoner called upon mc about that time. He called early in the morning. He asked for a party named-Peppßrell. I said my name- is Pepperell. He said you owe Mr Ritchie, the baker, in Christchurch, a small amount. I said I did. Prisoner then told mc he was going South, and he was instructed by. Mr Ritchie to collect all the money he could on his journey South. . I gave, him between £5 and £6. After he went away I had some misgivings, and I overtook him, and asked for a receipt for the amount. Prisoner wrote a receipt on the bow of the steamer in ; which he was going away. I got the receipt, but I have lost it since. I gave prisoner the money because lie told mc that I owed Mr Ritchie money, and that he was empowered by Mr Ritchie to receive ifc. : . : '

By the lived in Christchurch before I went to Timaru: I left here to go there early in December, 1862. I swear yoh are the man. I hare no doubt about it. I never-was suffering from temporary insanity. Andrew Ritchie was next called,; and sworn —I am a baker in Christchurch. I know the prisoner. He was in my service in Christchurch. He left my service in May, 1863. I next saw him at the Resident Magistrate's Court. I know last witness. He owed mc £5 10a. I did hot instruct or authorise prisoner to collect it forme. I never authorised him to collect money for mc. He has never accounted to mc for any money received by him from last witness. By Prisoner—Your character was good while you were with mc. You had nothing to do with my books. This closed the case for the Crown. The prisoner stated that he was not the man, that he never saw Pepperell in his life, and that he never, was in Timaru. His Honor briefly summed up the evidence to the jury, who retired, and after an absence of about ten minutes returned into Court with a verdict of Not Guilty. The prisoner, who on Saturday last was convicted of obtaining a gun under false pretences, was placed at the bar for sentence. His Honor sentenced prisoner to twelve months' imprisonment, with'hard labor. OBTAINING- MONEY tTNDBB PALSB PBBTENCBS. Benjamin Southall was next placed at the bar, charged with obtaining money under false pretences. Prisoner pleaded Guilty, and was sentenced to twelve months' imprisonment, with hard labor. The recognisance of W. P. Collett, for sheepstealing, was respited until the Ist December next, when he wilt be required to appear to answer the charge. Also, the recognisances of the witnesses in the case of Regina v. White, for obtaining money under false pretences. The Court then adjourned nurd ten a.m. to-day.