SUPREME COURT.

Marlborough Express, Volume LIII, Issue 167, 11 June 1919, Page 7

SUPREME COURT.

JFOUR.-MQNTHLY SESSIONS,

CRIMINAL CASES.

(Before His Honor Mr Justice Hosking). The hearing of the case in which ""William Pacey was charged with that he did obtain the sum of £3 from J. 0. Passau, hotelkoopcr, Haveloek, by means of a. valueless chtque, was continued yesterday afternoon.

John F. 0. Passnu, snoop farmer residing near Hayelodk, said that in December, 1918, he was the licensee of the Post Office Hotel ,\t Havelock. Air P. J. O'Donoghue was the owner of'the premises. His tenancy had expired on the 10th December, 1918, and he was awaiting--the making of arrangements by the. owner for someone to take over the hotel. The accused, whom ho did not know previously, came to the hotel about Christmas time and said he was sent over by Dwan Brothers to sec about taking ovor the hotel, and that he had to go and see Mr O'Donoghue at Canvastown. He went away, and, coming back, fold the witness that he had seen Mr O'Donoghue. On the Sunday the witness and Pacey took au inventory of the stock in the hotel. O:i the Monday Mr O'Donoghue and his wife came to the hotel.- On the santo day Pacey asked the witness for a blank cheque. ( Accused got a blank cheque out of Tiis Bank of New Zealand cheque book, and at Paeey's request filled the cheque in for £3. Pacey took it and signed his name, and the witness cashed the cheque (produced). On the following day accused said "If I give you an order on Dwan Brothers will you return me my cheque?" Th© witness fiaid: * 'Give me the order and on receipt of the £3 from Dwan Brothers I will destroy the cheque or return it to Dwan Brothers." He wrote out an order (produced) and Pacey signed it. He got the order back from Dwan Brothers with the -words pencilled on it "no, moneys in hand." Subsequently ho- pent the, ehequeKtot the* Bank of New Zealand, atnd' it: was- returned marked ' 'no accotint.'* Accused left- for Blenheim on the day he> gave the order. The witness wrote to the accused, but heard nothing from him. Cross-examined: At the time that Pacey got : the cheque ho said something about transferring an account from the Bank of New Zealand to another Bank.

Formal evidence was given by Wilfred Walton, bank clerk.

Opening the, defence, Mr ReJling said that the facts were not disputed to eny great extent. The transaction was a. simple one that had taken on a. criminal appearance through an unfortunate chain of circumstances. Mr Pacey had kept hotels in Marlborough, his last license 'being at Renwicktown, and in this instance he was sent over by Dwan Brothers to follow up the idea of taking over the hotel at Haveloek. The prisoner had been, and was now, in camp as a military guard.

Giving evidence, the accused said that after the stock-taking he was still undecided as to whether he would take the hotel. He asked Mr Passau to let him have £3 as he had power to draw on Dwan Brothers for what he required. Mr Passau suggested that he should write a cheque for that amount. Mr Passau agreed to hold the cheque until he (Pacey) had opened his own bank account. Deciding subsequently not to take over the hotel, and not wishing to go to the trouble of opening an account, h© gave Mr Passau the order on Dwan Brothers. When he returned to Wellington he went to Dwan Brothers to pay the £3, but their -offices were closed for the holiday .season and delay ensued." He produced a receipt from Dwan Brothers for the payment of £3. His reference ■to an account at the National Bank of New Zealand meant that the Dwan Brothers would expect him "to open his account there. F. W. Dodson, cordial manufacturer, said he met the accused in Haveloek and advised him that it would riot pay him to take the hotel at.the- rant suggested. H©1 thought his advice would influence Mr Pacey. Counsel for this accused raised the points that the £3 was paid by Passau to Pacey before the latter gaye the cheque, and that when the cheque wasi given to Passau the latter was aware that Pacey had no Bank account and lie took the cheque on tho understanding that he was to hold it pending the opening of an account by Pacey. ;. - In summing up His Honor remarked on the direct conflict of evidence between Mr Passau and the accused on certain points. The jury retired nt 20 to 3 and returned at 5 to 3 with a fiuding of not guilty.