RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5280, 14 January 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, January 13. (Before R. Stuart, Esq. 8.M.) • ASSAULT. An assault case against a man named. Jensen was adjourned till Thursday next. -\: : FORGERY. "'.'. ■■f' 5 / Vernon Campbell was brought up on V} remand from last week, charged with i; having, on the 4th January, forged a' ;.■-', cheque for £36. ," •; Mr Lascelles appeared for the,priaoner, The first witness called was )■■* Josiah Richard Evans, who deposed : T--J am a saddler, residing at Taradale. I know the prisoner. On Friday I had a conversation with him, and he told me he wanted to buy a horse. He wanted a blank cheque., I gave him one on the - Bank of Australasia. I took it from my own cheque-book. (Oheque-book produced marked A.) This is it. (Cheque ' produced marked B.) This cheque I see from the number is the one I gave the prisoner. Prisoner asked me for pen and ink ; I gave it him. 'I saw him fill up a cheque. Thomas Lord, a boy in my shop, was present, and another boy named James Smith. After some other conversation prisoner left. He was sober at the time. This is the only cheque I ever .*' lent in my life, and I have not taken any/ other since I gave the one to the prisoner. C By Mr Lascelles : 1 saw him filling up a cheque. I cannot swear it was this one. I don't know prisoner's handwriting. . .J".-. 1 Henry Monteith, sworn, deposed : I ■ am an auctioneer in Napier. On Saturday, the 4th January, I saw the prisoner about 6 o'clock in the evening in my horse bazaar. He said he was a horse dealer, and wanted to purchase horse? for either Wellington or Auckland. He said he had purchased a good horse that would" have realised him a good figure in Wellington or A uckland, only he had sold it to Mr Archibald M'Lean, as he had taken a fancy to the horse. He then asked me if I had any horses for sale. I said yes, and pointed out several. He looked at some, and, pointing to a particular one, he said, what price do you put on that. I said £12. After some conversation he agreed to the price. He then priced another; we agreed that it should be £18. This he was to settle for on Monday morning. We went into my office to settle for the one at £12. He produced a cheque in payment (cheque marked B produced). This is the one dated January 3, for £36, infavor of D. Campbell, signed A. M'Lean. I looke at it, and said to prisoner, I suppose this is the cheque you received from | Mr M'Lean for the horse. He replied ••] yes. I took the cheque and made out' a | receipt for the horse,. and asked him His ,| name. He said Vernon Campbell. I 1 then proceeded to write out a cheque for 1 the balance, £24. While I was doing so, - J prisoner said, if you dont care about I changing such a large cheque, I can givfc I you a small one at the same time. He I produced what looked to me to be cheques. - I I replied that it did not matter, and save t him a cheque for £24. He went ams, j and said he would be back on Monday 1 morning to look at the other horses. Hedid :| not call on Monday. I paid cheque marked J B into my account at the Union Bank; it Vi was returned to me on Monday marked 'i| no account." Prisoner appeared to^e I perfectly sober. '• <M Cross-examined by Mr Lascelles : I I -?■ l ever saw Prisoner before. .?M Archibald M'Lean sworn : I am rnana-^J] ger of Mr Douglas M'Lean'a atatioiv «11

Maraekakaho. I know the prisoner. Hi waa employed on the station about twelvi months ; he left on the 10th Decembe last. I paid him by cheque on tin Union Bank (cheque produced markec B). This is not my handwriting, nor is i my signature or like my handwriting oi signature. I never gave the cheque t< the prisoner. I never purchased a hors< from him. Frederick Christian Caldwell sworn : ] am an accountant in the Bank of Austra lasia> Napier (cheque produced markec B). This cheque was produced thvougl the Union Bank on exchange. . I marked it no account. There is no account in the Bank of Australasia for A. M'Lean oi Archibald M'Lean. I know by the number on this cheque and a register kept in our office, the book it has been taken from (cheque-book marked A). It was taken from this cheque-book. Thomas Clancy, sworn, deposed : I am a constable stationed in Napier. I arrested the prisoner in Napier on January the 7th at 11.45 p.m. I charged him with forgery ;he said nothing. He was drunk. Cross-examined by Mr Lascelles : I cautioned him that he need not say anything that would be given in evidence against him. Robert Alexander Duncan Mowbray, Sworn, deposed : I am teller in the Union Bank, Napier. I don't know the prisoner. (Cheque produced marked " C") This is a cheque drawn by Henry Monteith for £24, dated 4th January, 1879. It came from the Bank of New Zealand. It has been charged to Mr Monteith's account, and the Bank of New Zealand has got credit for it on exchange. Henry Monteith recalled^ and cheque marked 0 produced. This is the cheque I gave the prisoner on January 4th. On the prisoner being charged and cautioned in the usual form, he said, ' ' I reserve my defence." He was then committed for trial at the next sittings of the Supreme Court at Napier.