SUPREME COURT.

Press, Volume XXI, Issue 2401, 16 April 1873, Page 3

SUPREME COURT.

CRIMINAL SITTINGS

SDAY ' ApBIL 15. 1873. (Before his Honor Mr Justice Gresson.) The Court reopened at 10 a.m. SETTING FIRE TO STACKS. Frederick Berg was indicted for having on March 2nd unlawfully set fire to seven stacks of wheat, the property of James Rosser. This case, which bad been adjourned from Monday, wag resumed. Mr Williams addressed the jury on behalf of the prisoner in a speech of considerable length, and Mr Duncan replied for the Crown, His Honor then summed up and the jury retired to consider their verdict. After four hours deliberation, the jury returned a verdict of "Not Guilty," and the prisoner was discharged. FOBGEBY AND UTTEBING. John Hennessy was indicted for having on the 20th of March last forged a cheque for £6 12s, in the name of George Rhodes, with intent to defraud the Bank of New Zealand, Timaru, and with having feloniously nttered the same with intent to defraud tha said Bank. The prisoner pleaded " Not Guilty." Mr Duncan prosecuted on behalf of the Crown, the prisoner being undefended. A jury having been empanelled, and Mr Thomas Roberts chosen foreman, Mr Duncan stated the case, and called the following witnesses :— John Melton—l am a publican at Timaru. On the 20th March last the prisoner came to my house. He presented mc with a cheque for £6 12s (produced) which was dishonored. It was purported to be eigned by George Rhodes as the drawer. This was after four o'clock and past banking hours. I refused to cash it as I did not know the name. He said "I have brought four friends with mc to have a glass ; don't make a fool of mc, lend mc half-a-crown." I lent him half-a-crown. At night time he came again and requested another sovereign, saying he meant to stop at my place, He stopped there that night, and next morning asked mc to letrhira have some more money. I gave him 15s. My reason for giving him the money was because I had mislaid the cheque, and I told him so, and should expect him to go the next morning to stop the cheque, and he said he would do so. The next morning I found the cheque when I put on my waistcoat. I went to the Bank, and waited till it was opened. When the Bank opened I presented the cheque, and it was dishonored as there was no account. The night previous to my presenting the cheque prisoner told mc when 1 did bo I should find it all right; he had been working for the man from whom he had received the cheque, and he had given it to him in payment. It was somewhere in the Geraldine district. He said the name was George Rhodes. By the Prisoner—You came to my house on the Thursday, and stopped till Friday ; you stopped any way two nights. You were at my house for the first time on Sunday. I made the same statement to the magistrate in Timaru that I have made here. By his Honor—l gave the prisoner altogether £1 78 6d. By Prisoner—On my road to Christchurch I said I would rather have let you go than have had the trouble of bringing the case to Chrietchurch. William Hugh Duncan—l am a clerk in the Bank of New Zealand, Timaru. Last March the cheque produced was presented at the Bank by the last witness. I gave a verbal answer at the time that the drawer had no account there. The answer to the Inspector of Police which was marked on the cheque was " signature unknown." When, the cheque was presented there was ao account in the bank in the name of George Rhodes. In 1864 Mr George Rhodes, of the Level Station, now deceased, had an account which was closed in that year. There has not been such an account since then. Robert Wallis—l am a constable of police stationed at Timaru. From information received I arrested the prisoner on a charge of forging and uttering. I informed him of the charge, and cautioned him. I arrested him at the Washdyke, and took him to Timaru. On the way he said he wrought hard for the cheque, harvesting at Geraldine. He said the men he wrought with had 400 acres of land, and that the cheque was all right, and Mr Melton would find it so. He also said he couldn't forge a cheque, as he couldn't write. I afterwards saw the prisoner write at the police station, Timaru. He wrote bis name on the sheet which I produce. By the prisoner—You were under the influence of drink. I knew you to be at work at the Washdyke. James Kennedy—l am a constable of police, stationed at Arowbenua. I made enquiries at Geraldine for a man named George Rhodes, but I could not hear of any such person. I am well acquainted with that district. By his Honor —If there was a man of the name of Rhodes possessing 400 acres of land in. the district, I should know it. This terminated the evidence for the Crown. The prisoner, who called witnesses, made a statement to the effect that he never had a cheque in his possession, and never gave one to the prosecutor. His Honor summed up, and after a brief deliberation, the jury returned a verdict of " Guilty," and his Honor seutenced the prisoner to two years' imprisonment at hard labor.

This concluded the criminal sittings, all the jurors were discharged, and the Court adjourned sine die.