SUPREME COURT

Dominion, Volume 10, Issue 2998, 8 February 1917, Page 9

SUPREME COURT

CONCERNING A CHEQUE

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Before His Honour Mr. .Tustico Chapman, in tho Supremo Court vcaterdny, Patrick Daley and Jamos Wilson were charged with havinpr, on or about December 15 last, foreed a. chccnio for .C-4S Gβ., bearing the name of E. U. Harden, and drawn on the Union Bank of Australia, at Wellington. Tho accused wero further charged with uttering the cheque, with stealing it and with receiving it while knowing it to have been ilis-\ hone9t]y obtained. Mr. V. It. Meredith conducted the prosecution, and Mr. H. 1 , . O'Leary dofended. Mr. Meredith said that Robert Usher Harden, a Tetired business man. was staying at the Empire Private Hotel, in Masterton, from about December 12 to December 22. Harden was a sufferer from norvous trouble and was at times tinable to write his signature quite clearly. He was therefore in tho habit of carrying eigned blank cheques about with him. While in' Maatorton he issued two chenues to Harold M. Thompson, manager oftho hotel at which ho was etaying. On return to Wellington ho inquired what liis bank balance was, and was surprised to see that it was less than it ought to be. Ho asked for details of, tho last few cheques debited to hi 6 account, and found that a £50 cheque and a cheque for JUB 6s, had been drawn. Inquiries showed, that the latter chequo was paid into a Masterton bank by a Masterton tobacconist. Further inquiries were, instituted, and it was found that the two accused presented the chequo to R. Paul, an employee qf H. Reid, tie tobacconist in question, and asked him to cash it for, them. Paul replied that he was not prepared to cash it until the Wellington bank certified that it was all right. It was Daley who asked for tho cash. When the bank replied that the cheque was good,, the accused wero told, and again called together to collect tho money. The , money was hanikd to Daley, Wilson taking no active part. It was, however, significant that Wilson, on each occasion accompanied Daley. /At least Wilson knew all about , tho cheque transaction. Harden would say that no ono had any authority to fill in the cheque. When Daley was arrested at Upper Hutt and charged, he. said nothing. Wilson, who was arrested at Napier on January 10, .was also charged in tho ordinary way with being a party to tho offence. Ho made a statement, in which he alleged that ho had never cashed any cheque at a hairdresser's, and was never present -when anyone else did. Evidence was Riven for tho prosecution on the lines of Mr. Meredith's opening. Mr. OLeary said the defence was that tho transaction was a bona fido one—a loan of ,£SO by Harden to Daley—and that the security wns a horse, Ba.yswater, which Daley still owned. Harden, Daley and Wilßon wero staying together at the Empire Hotel. Harden was a rogistered moneylender, prepared apparently to lend on any security, sinco ho had lent, on tho security of a postdated cheque, to a man who already owed him money. Daley borrowed JSO of Hardon. Harden took the cheque out of his book and gavo it to Wilson to fill in. The loan was' to bo from December 15 to March 31. Tho interest was deducted straight away, and a cheque for £i 8 6s. was given. The cheque was negotiated quito openlr in Mastertou. and tho money was received. Harden was given an acknowledgement of llicyloan. Evidence for tho defence was eiven by the accused Wilson, who wns cross-ex-amined at some length by the Crown Prosecutor. His Honour,, in summing up, referred to the fact that when Daley wns arrested and informed qf the charges against him ho said nothing.' It was for tho jury to consider whether Daley's attitude and Wilson's attitude also lipon arrest appeared to indicate that tho transaction was an honest ono. In tho Lower Court there had been no substantial indication that the defence would consist in tho allegation of a loan Ihe jury -retired at 12.30, and returned at 12.50 with a verdict of not guilty J-iio pnspners wero discharged..

ALLEGED FALSE PRETENCES. Annie Elizabeth Reid \ras charged with having, on or about October 20, and on or about November H, at' Wellington, forged ordora- for the redirection of letters by the postal authorities. Purther charges alleged that about Novomber 3 accused forged a receipt for a registered letter, ami that by means of false pretences sho induced a postal officer to deliver to her a postal packet containing £5, the packet being neither addressed to nor intended for her. Mr. Moredith prosecuted. The accused was not represented bv counsel.... The Crown statement of the case was, briefly, that the accused, knowing ono Jano B. Galley to be regularly receiving remittances of money by registored letter from her husband at Lyttelton. represented herself to bo Mrs. Galley, and obtained a letter containing £a. For this lettor, she forged a receipt purporting to be signed by Mrs. Gallev. and on two other occasions she also "forged orders for the redirection of Mrs. Galley's letters. Evidence was given by Clmrlcs Galley. Customs Officer at Lytteltou. Mary Elizabeth Taskor, employed at , the Wellington Post. Office, said that sho believed the accused to be the woman who had received the letter containing £5, but did not positively identify her. As the Crown case depended largely upon identmcation of handwriting, a number of exhibits in this connection woro handed in by Detective-Sergeant Lewis, and Waller Dinnie, formerly in the Criminal Investigation Department of Scotland Yard, gave exnert ovidenco regarding the writing shown in tho eihibits. Asked by Mr. Meredith what, general conclusion he had arrived at from an examination of the exhibits, the witness Dinnie replied: "I could only form a decided opinion that all tho exhibits (somo of which were admittedly in the accused's handwriting) were written by one and the same person." Tho accused elected to give evidence on her own behalf, and mads a statement purporting to establish an alibi in reference to tho • charge of false pretences. ' ■ . Mr. Meredith, to accused: Havo you ever been in trouble of this sort before ?— Witness: "About eleven years ago, for theft of. money in Akaroa." Wero you in trouble for theft anywhern else after that?—"At the present time I am doing a month." In answer to further questions accused admitted having received a term of four months' imprisonment at Christchurch for theft. Mr. Meredith: I think just this weekyesterday, was it ? Witness: "Monday." You' were convicted of theft again?— "Yes, of a suit of clothes." Whoso clothes ?—"JTitzherbert's." Fihherbert is the mas you are housekeeping for?—" Yes." ■'' The next witness called for the defenco was Edward Fitzherbert, employed as a watersido worker. He stated that tho accused was his housekeeper, and corroborated tho evidence she had given. ' The accused.expressed a desire to havo Detective-Sergeant Rawle called as a witness in referenco to the examination of threo other persons' handwriting. The case was adjourned till to-day to enable this ovidenco to bo obtained.. A SERIOUS ASSAULT. James Ross, Clara Alice Ross, . and James Gibbons were charged with having, on December 2, at Wellington, robbed ono Ballone Gavino, using perBonal violence. Other related charges, including one of assault, causing bodily harm, were. preferred against tho accused. Mr. Meredith prosecuted. The accused were not defended by counsel. The incident which gave rise to the prosecution was alleged to have occurred at No. 23 Martin Square. It was doscribed by Mr. Meredith as a particularly sordid affair. Gavino had gono to the placo with three other men, and after tho rest had left, had been set upon by tho accused and robbed of £3 10s. He had received a rough handling, and had been cut about tho throat with a knife. After several witnesses for tho prosecution had been heard, both tho malo ac-

eused gave, evidence on their own. behalf. Tho accused Clara Ross elected not to enter tlib witness-box, but road a statement to the jury. Questioned by Mr. Meredith the accused Gibbons admitted that he had been sentenced at Christchurch to five years' imprisonment for attempted murder; also that he had been recently convicted of residing in a house of ill-fame. His Honour summed up tho case at 5.15 p.m., ami tho jury, after a retirement of half nil hour, returned a verdict that the accused wero guilty o£ assault causing actual bodily harm. His Honour: What' about tho other counts., The Foreman: "Wo thought it best to leave them out, Tour Honour." His Honour (to Mr. Meredith): A¥o know about tho character of tho men. What is known about tho woman. Mr. Meredith: Sho is a nativo of Tasmania, has been in New Zealand for several years and is well known to tho polieo as a prostitute. She has two previous convictions for theft, one for soliciting, ono for being idle and disorderly, one for drunkenness, and one'' for keeping a house of ill-fame. His Honour (to tho accused): I drawno distinction between you three. I eeo no reason for making tho sentenco less in your case, Clara Alice Ross, as it was you who called for the knife. As for you two men, you hayo been living in tho lowest and most disgraceful style in which members of a reputable community can do. You are all threo sentenced to thrco years' imprisonment with hard labour. The Court adjourned till 10 a.m. today.

TIMARU SESSIONS. By Telegraph—Press Association. ~ , Timaru, February 7. At the.Supreme Court, Albert Hewitt and Henry Macklo were found not guilty on a cliarge of DanieTT. ConneTl", ciiarged with indecent assault on a girl under sixteen, at Pleasant Point, was found guilty, but the jury strongly requested" the indulgence of the Court on account of the character of tho act, and the belief of tho jury that the act was not premeditated, but the result of a sudden temptation and that accused desisted from further impropriety. In addition, tho report of the probation officer was favourable. Accused was a quiet, hard-' working, respectable farmer, and had been called up to go into camp.. His Honour said he was not bound to. mako tho man a scapegoat and exclude him from tho beipfits .of the Probation Act. He would be admitted to probation for nineteen months, and must pay costs. The terms of tho probation would bo suspended so far as they interfered with- military dutie3.