CRIMINAL SITTINGS. [Before his Honor Mr. Justice J. S. Moore.]

Daily Southern Cross, Volume XXIII, Issue 3162, 5 September 1867, Page 4

CRIMINAL SITTINGS. [Before his Honor Mr. Justice J. S. Moore.]

The Court sat to-day at tea o'clock.

OBTAINING MONEY UNDER FALSE PRETBNCKS. Walter Isaac Donchaisse was charged with obtaining money by pretendiug to William Fraser that he had paid £114 l(k 6d. for certain quantities of type. Mr. Wynn appeared for the prisoner, who pleaded not guilty. Mr. Brookfieid, before going on with the oase, asked leave to make an amendment in the indictment, which alleged that a cheque had been obtained from Captain Fraser, whereas he was now informed that prisoner had got £5 in cash. Mr. Wynn objected to the amendment. What was obtained by the false pretence must be of some value, and a cheque might be of no value. It would go to the very root of the false pretence, as alleged, to alter the indictment as sought for. It would not be right to alter the nature of the goods obtained by the false pretence. If a man were indicted for getting a pair of boots by false pretences, it would not be compatent to change the charge to a pair of trousers. On the suggestion of his Honor, who said he was not quite clear about the matter, the amendment was allowed, a note to be taken of Mr. Wynns objection. William Fraser deposed that on the sth day of June he saw the prisoner at the Resident Magistrate's Court at Tauranga. Witness was suing prisoner for the rent of the type and plant of the Tauranga Argus. He said the type had coat him a large sum of money. He produced a receipt from Messrs. Sidings and Perston. He alleged that the type had cost him £147 odd. Witness asked how much the book debts were, and prisoner told him £40. Prisoner said he would give witnei-s peaceable possession of the type, if he would give him enough money to take him out of the colony. Witness agreed to giro him £25. Witness was induced to promise the money, by the statement that the type had cost to much money, and the production of the receipts. Witness told Mr. Henderson of the arrangement, and it was thought advisable to put it in writing. A memorandum was drawn up by Donuhaiase. They first went to Donchaisse's house, and saw a small parcel of type. Prisoner said that there was some more in his wife's bedroom, which could not be seen. Witness gave prisoner £5, and told him he would give him a cheque for £20 when the material was handed over. They then went to the printing-office. Witness said he did not think there was anything like the amount of material represented in the receipt. A clerk iv Mr. Brookfiekl's offioe was here put in the witness-box, and deposed that on Saturday last be bad served the prisoner in gaol with a notioe to produce the receipt shown to Captain Fraser. 'Ihe notice to produce was here read by the Registrar, Mr', Brookfield then proposed to give secondary evidence. Mr. Wynn objected on the ground that the notice was insufficient. The usual place of abode of the prisoner was Tauranga, and the notice was only served on Saturday. It waa not a reasonable notice, considering that the man wu in custody and could not communicate with his advisers. Hit Honor said there was surely some regulation in the prison by whioh such notices could be attended to. If such a thing were left to chance that the prisoner could communicate with his professional adviser, he would not hesitate to make a memorandum, bring the matter under the notice of tbe proper authorities, and get it amended. He thought, however, that Mr. Wynn ought to show that it had been impossible to communicate with Tauranga in the interval, and that the document was there. Mr. Wynn had only one means of proving the latter fact, and that was through the prisoner. He was out on bail for a considerable time; suddenly his bail gave him up, and he was taken into custody and brought to Auckland. The prosecution must have known long ago that tbe dooument was necessary, ani steps ought to have been taken before Saturday afternoon. Mr. Brookfield said it was the custom for the gaoler, when notice waa served, to send anywhere in town that the prisoner wished. He contended that the notice was sufficient, as the document was mentioned in the indictment. The prisoner must have known from the evidence. His Honor, after examining the indictment, said he could not hold it sufficient. After lome further argument, his Honor said that he must rule, though with some doubt, that the notice was not sufficient. Examination resumed : Witness gave prisoner £5 upon his representations. He said the whole had cost him £147. Witness did not recollect that prisoner said he had paid any particular amount for any particular type. He did not recollect that prisoner said he had bought the type from any particular place. Mr. Brookfield here said tLat of course tbe case must break down; it was impoisible to carry it further without that document. His fionor said he was not so confident as he should like to be in the matter, at to the dooument. Of course, as it was, the jury must be directed that there was no evidence to support the indictment, and in these circumstances must return a verdict of not guilty. A verdict of not guilty was then returned, and the prisoner was discharged. Thii concluded the calendar, except the charge of anon against the Souths, whioh is fixed for Monday morning. The Court then adjourned at twelve o'olock, till Monday.