SUPREME COURT.—Thursday. CRIMINAL SITTINGS. [Before Chief-Justice Sir G. A. Arney.] OBTAINING MONEY UNDER FALSE PRETENCES.

Daily Southern Cross, Volume XX, Issue 2305, 9 December 1864, Page 5

SUPREME COURT.— Thursday. CRIMINAL SITTINGS. [Before Chief-Justice Sir G. A. Arney.] OBTAINING MONEY UNDER FALSE PRETENCES.

William T. M. Warden was arraigned, charged with having, ou the sth of September, obtained tnorey and goods under faleo pretence 1 ). Prisoner pleaded n'ofc guilty. Mr. Merriman prosecuted ; Mr. Wynn defended. The case was l>ii>-fly opened to tlio jiuy by the Crown Piosecutor, find tlie following ovideucc adduced : - • K.il|.h Simpson duposui : I am storekeeper and contractor »t Ngaiuawahia, and recollect on September 3rd seaing prisoner in my storo He wrote me the note pio'luced, asking me lo cash cheques ou the bank, which I should Mud "all right" ou presentation. I consequence of this note I nent for prisoner, and received the avurance from him that all cheques would bo right when presented, for he had £150 afc tlic Bank of New Zealand, and likewise a draft endorsed by Sir H. ITavelock for £200, I asked him if he was known to anyone in the p&mp, nnd he replied thab ho was known to Mr. Gorrie and Mr. Nichol, of th<3 18th, with whom he had dined ou the previous night at the officer*' mess. On the fnith of tho^c lepifMMitatiOiw T told hhn he might have my ctcdit if he likel. The statement that he had ft di aft endoised by Sir IT. Havelock had no influence in inducing me to give him credit. 1 advanced him £9 in c.tth, and let him have a pair of Bedford coid breeches, value 29-». After giving him tho cash T loinrncd cheques amounting to £13. He gave mo tbo cheque pioluced for £14 9s. on the Buik of Kew Zealand. ITo did not produce Colonel H'lvelock's draft to mo. I presented the cheque produced at the bank, and the answer was, "n© account." Cross examined by Mr. Wynn : I did not understand pi isoner could draw cheques to the amount of £1 50. T understood him to have that amount iv the B-mk of New Zetland. He hi ought mo the cheque produced ready filled up. Geoigo Albeit Miller deposed : I w.is kdger-clerk in the TSank of New Zealand during August, and until the 9th of September I recollect the cheque produced being presented. The letters "N.A."aio in my handwriting, and signify "no account.'' Prisoner had no account at the bank. T never cashed a cheque of the prisoner's during the time I was in the bank. Cross examined by Mr. Wynn : I did not refer the cheque to Mr. Kennedy before refusing to cash it. George S Killing <lepo^ed : I am Mib-accoimtant at the Bank of New Zealand, and was so from the Ist to the sth September. During that period prisoner had no account at the Tank of New Zealand. He had a Mnnll balance of £7 16s. Bd. at the bauk on the 29th of September. We are authorised to make advances of £8 a month to him on the Orange Bank of Mwlr.xs. Ffe drew £32 on the 28th of July in payment of his fom months' drafts on the Orange Bank Since that time no cheque of his has been honoured at the bank Henry ITavelock deposed : T am lieut.-col. in her Majesty's berv.ee, and know the prisoner at the bar. I have never given him a pi.mnssary note, or endoi sed one. I hive had no monetary transactions with him. This was the case for the prosecution. Mr. Wynn, fur the de f ence, submitted that there was no ca«-e t> go to the jury with, and then v viewed the evidence adduced bearing on the indictment, which he c intended was only got up to prejudice the case, an I aMo^cd facts which were not attemptcl to be proved. The allegation that Mr. Simpson a Uanced mmey on the faith of the representation th.it pi Nonei hel.l adi aft signal by Sic ITeiry ilavelo.ik tad no foundation, for Mr. Simpson had told them he never saw the draft and such a statement ha I no weight in inducing him to davance t'lo-.noney Then the allegation respecting the deposit in Mr. Kennedy'" hands had not been disproved, nor the statement tint he was acquainted with gentlemen of tho ISth Tio^iment. If theie was anything in the accusation, why were these gentlemen not callel before them? He did not think there was .my necessity to g~> further than this to show the paucity of evidence calculated to convict the pi isoner. nis Honor then carefully went through the evi'lence, and pain tod out the ilcficioucy of proof of diaigcs alleged in the ind'.cb'neut, an I The jury instantly rob uned a verdict of Not Guilty. Piisoner WM consequently discharged. HOBBCRY WIUI VIOLENCE. — I"SCVFE FROM CONFINEMENT. | Michael Ilcnslcy was arraigned ou a charge of escaping from confinement in the Mount Eden Stotiknde, and commuting a lobbery with violeuce on the keeper, on September 6 last. Prisoner pleaded not guilty. Mr. Merriman explaiued the case, and called the following evidence :—: — George De.uden deposed: T am turnkey at Mottut E'len Stockade On September 6, I was in charge of tho piiso'ier and another man (who has since escaped froru.co'iflnement) in the Government Domain, where they were collecting flax, in a part hidden from public g.ize by tea-tree and sciftb. Prisoner and his companion nished upon mo, and infoimcd mo that they were bent upon escaping at any cost. The prisoner stood over me with my revolver, which ho had seized, whilst the other man lied me up to a tree with flax The other man then took my belt and put it on himself, and took the revolver from the prisoner to put in it. They both told me they would not hurt mo, if I kept quiet ; but if I attempted to call out, they would. Both men then escaped • Cross-examined by the prisoner : I had sufficient authority of my own to take you into the Domain. By the Com t : I had charge of the prisoner. The gaoler knew I was taking the prisoner out in order to gather flax and tea tree for the use of the gaol 'I his was the case for the prosecution on the indictment charging him with an assault and robbery ; and tho pi isoner, having nothing to say in defence, his Honor shortly reviewed the evidence to tho juiy, and explained the law on the point The juiy returned a verdict of Guilty. Prisoner pleaded to two former convictions, but w.is not arraigned on a charge of escaping from the Mount Eden Stockade whilst undeiguing a sentence for fflony of four pears' penal servitude. Prisoner was sent<nic"d to four years' penal i-eivi-tude, to commence at the expiration of his present confinement for that term.

HOUSE STEALING. William Hearden was charged with having, on the 19th of September, stolen one horse the property o£ a native, at Orakei. Prisoner pleaded not guilty. Mr. Meniman prosecuted; Mr. Beveridge defended. Mr. Munro was sworn as interpreter. Humii deposed : On the 15th of September I lost my mare fioin Orakei, and on Saturday, the 24th, I saw it at Mr. Bucklaud's sale-yards in Auckland. I told Mr. Buckland the horse was mine, and he scut me to the police. I told a policeman that tht mare was mine. The man in Court (Serjeant Mulloyj is the policemnu to whom I gave information. He want iv search of the prisoner, anil brought a man into the guard-room to me. The man in Conrt, named William Thompson, is that person. He next saw the mare iv the possession of the police a.b the Resident Magistrate's Court. It was stolen again last evening : ask°the palceha where it is ' The ropa produced is the one with which it was tethered. It ;ha< been cut with a knife. Cioss-examined by Mr. Beveridge : Ipurchased the mare from Mr. Buckland two years ago, at an auction sale. I identify it by it* appearance. It has a pakehanvuk upon it, winch it had on when I pmchased it. Ib has also a white maik on its right side. It has been in my possession ever since»l purchased it. Jte-eKamined by Mr. Merrhmn : The brand resembled "8.E." - , . Mohi deposed : lam a native of Orakei, and saw tho horse belonging to the last witness on the 15fch of September. I next saw it in Mr. Bnckland's sale-yards, and afterwards iv the possession of the police. The rope pioduced is the one with which, the maie was tied. It has been cut. Crofcs examined by Mr. Meimnan : I know toe hoiso by its geueral appearance. William 'Cliouipson depo»ed : lam a ifcable-keeper iv Albeit-stroet, and on the 22nd Septomber was at Penrose. I saw tho prisoner there, and he asked me to take a mai c he had with him to Auokland and sell it for him. I kept her until Saturday, wheu I sent her to Mr. Backhand's sale-yard, and next saw her at the police station. The mare produced at the examination before the magistrates was the one I received from the prisoner. Ci oss-examined by Mr. Beveridge: Prisoner asked me to take the mate and t,ell it, stating that ho had lost her for soma time, and having found her wished to turn her into money. I think he said he brought her from Ota^o in tho 'Reserve.' Ho did not say from whom he had purohased it. On the day before the ln>rae was sold prisoner came to mo from feurose and ajked ni« to purchase the maio from him,- which

f Patrick Mullojr deposed : yl »m aaergeantin'jtlie^ armed police. About half-pswfc seven this morning I received the rope 'produced from ,the,prbsecutor.v*p -" Cross-examined by Mr. Beveridge : I apprehended ,, the prisoner. Ho told me the mare camt,' from , Dunedin, and ho had a receipt for- her 'purchaie at Penrose. I don'fc know where the mare. tuny, is.' - T had not the m*ro in my custody yesterday. I . could recognise her if I saw -her agaiu. fie examined by Mr. Merriman : I bave seen the maro in the hand* of the ju'osecntor eveiy day since the session opened. Mr. Naughton deposed : lam Comrnhsioner t of , ' Police, and recollect prisoner inakiug a stateinont to me whilst in custody. If o asketi to be permitted . to go to Peurose in orJei to send a horse back he had in charge. I told hitn I could not allow him to - do ao, but would have it sent for him. He .said if I would allow him to go to Peiiroso he could produce a receipt for the mare, which he had purchased in Dilnedin for £7. He mid he had paid £8 for her freight. Mr. Beveridi?©. for tlte defence, addressed the jnry and called the following evidence : — Henry Justin deposed : I am keeper of the Auckland gaol, and remember some clothes being sent to prison about a fortnight after he was committed. I found the receipt for a bay mare, signed "J. Barber," and witnessed "Robert Henderson," for £17, in the vest pocket of the clothes. „ William Moßritle deposed : lam a corporal in the Commissariat Traninoifc Coip 1 ) at Peniose. I know the prisoner. He offered me a reward of 30s. for a bay mare, branded—'- J. B. E." I searched and found a maro answering the description, with a saddle mark on the right side. I saw tlw same animal in charge of a native last evening, outside the Court-house. Cross-examined by Mr. Moiriman : The "B R" was plain, but the "J" was blotcliert. T first saw it on the 18th of September, when T brought it in. Mr. Merriman replied f<,t some length, and hia Hpnor carefully summed up the evidence. The jury returned a verdict of gnilty, and the prisoner was sentenced to two ycais 1 imprisonment with hard labour.

THE T>KIZE FIGHTERS. George Cooper, Peter Thompson, and William Richardson, were ca'led to answer a charge of misdemeauour, in committing an assault on one Richard Hill, at a certain prize fight, on the 13th of September last. Peter Thomjwon failed to appear, and forfeited his bail of £100, and lecognizances of £50 each, for his non-appearance. (Me^rs Hoare and G-. Stark were the sureties ) Defendants pleaded not guilty. Mr. Merriman piosecuted, aud biisfly opened the case to'the jury, calling the following witnesses : — William Newton Mere libh deposed : lam sergeantmajor of the Auckland armed police force, and on the morning of the 13th of September went to Edge combe's, in company with five policemen, where I found a ring pitched, and the defendants, Cooper and Richardson, in fighting co-ttuine. I saw Cooper atiike a man named Hill, with liis fist, but the fight w.is over when we got there, and the affair seemed more of a scramble than anything else. When Cooper was knocked down or fell, Richardson picked him up, and carried" him to the corner of the ring. I saw the Oommihsioner, and constable Hafferty go iuto the ring for the puipose of stopping the fight. John Rafferty deposed : I am a constable in the Auckland police, nnd recollect proceeding on duty to Edgecombe's, on the 13th September. I saw the defendant Cooper there, fighting with a man named Hill. Richardson was acting as his second. Thomas Stephen* deposed : lam a plumber, residing in Victoria-street. On the 13th September, I was at Edgecombe's, and saw a figlit there. Bichardson was acting as second to the other man, who was engaged in a fight with a man named Hill. Seigeant-Major Meredith, lecilled : The locality where the fight took place was about a quarter of a mile off the public road. There were perhaps between 200 and 300 pel sons present I saw many Auckland persons araongat them. I know nothing of any prize from my own knowledge. This was the evidence against the defendants, who had nothing to say in reply. His Honor summed up, and the jury returned a verdict of Guilty. Richard Hill, Henry Dufferti/, and Thomas dfilner, were tlieu called to answer a similar charge of assault upon George Cooper. Richard Hill failed to appear, and foifeited his bail of £100. The sureties (J. T.iylor and J. Thomas) were called upon to forfeit then l'ccogniz uices of £50 each. Defendants pleaded not guilty, aud Mr. Merriman proceeded to call the same witnesses, who gave precisely similar evidence to that j jst adduced. Defendants said they were summoned for an assault, and wished to Know from Sergeanf-Mnjor Meredith if he had seen them stiike Cooper. They were answeied in the negative. The jury returned the same verdict, and His Honor, in sentencing, said it became his duty to inflict a slight terra of imprisonment, as a caution, although if he followed his own inclination lie might merely discharge them with a caution. The law' was thfct all persons found present at a prize fight were changeable with an assault in aiding and abetting; whilst if a peiaon yraa killed i.i such a fraoa?, the persons looking on would all be considered guilty of manslaughter. The sentence of the Court would be one calendar month's imprisonment in the common gaol. There being no further business the Court wa3 dissolved.