POLICE COURT.—Tuesday.

New Zealand Herald, Volume I, Issue 238, 17 August 1864, Page 4

POLICE COURT.—Tuesday.

(Before Thomas Beckham, Esq., R.M.) T)ttU.N'KAlil)S. Lewis Clarke, Joseph Winter, George Jackson, James Mulligan, Francis Brown, Joseph Appleby, John Collins, Smith Nesbitt, and Alfred Delanev, were each fined 20s. and the costs, or <J8 hours hard labour for being drunk. James Sweeney, for his third offence. Was fined 20s. and the costs, or -IS hours hard labour, and seven dais additional. VTTKKING i'onr,F.T> ClU'.l>l'KS. Walter Gregory, on remand, was placed at the bar. and charged bv 'Thomas Powell, with having uttered to him a forged cheque, knowing the same to bo forgod. Thomas Powell, sworn, deposed ; I am an eatinghouse keeper, residing in ShoKltlnd-street. I know the prisoner, and saw him at. my house about three weeks ago. He had some refreshments and goods to the amount of ss. Prisoner told me lie had no small cash, and gave me a cheque to change for him: the cheque now produced is the same. The cheque is forrfii Rs., drawn by John Williamson in filvotir of Mr. Davis, and is dated Ihe 27th duly. Prisoner made lto remark about the cheque, and T told him I had not cash enough lo change it in full, and gave him £2 Is., tho balance ho was to have upon his return. The cheque is drawn upon the Bank of New South Wales, Auckland. I did not prcent Ihe cheque myself, but I paid it away to -Ur. Young, who is now in Ceurt, and who l-ettimed it again to me in two or three days' time. When the cheque came back tome, I went with it on Monday, the Bth August, to the Bank, and there I was informed that it was a forgery. Prisoner relurned three days after he had given me the cheque, and wanted the balance of the money, which I gave to him. I gave the cheque to the Serjennt-M ujor of Police the EUme day that it was refused at the Bank.

Cross-examined by Prisoner: I do not know whether you intended to defraud me when you gave me the cheque. It appears that you did or you would not have come back for the balance. Yon have been to my house twice since 1 gave .you. the balance of the cheque. By the Bench : Prisoner g>lve ine another cheque signed " John Williamson," about a week previously, which I gave back to him again at his own request,. .Tunics Voting, sworn, depose.l: I am a grocer, residing in S'hortland-street. I know the law witness and received the cheque now produced from him on Thursday, the 4th instant. At first 1 'objected to receive the cheque, as I did not tsiiow the signature, but subsequently T took it, fi-s I'owell - aid he would make it all right With tne. On the Hth instant, 1 took the cheque to Ihe Bank, and there was informed that the signature was not known, anil also that there were no funds. 1 returned the o'teqiie lo I'owell immediately. William Fdwarrt Osborne, sworn, stafed : T am ledger keepei* to the Hank of New .South Wales, Auckland. I know the cheque now produced ; 1 saw it at Ihe Bank on Monday, the Bth .August. Il Uas brought there by the last witness, and rutbsequentlv bv Mr. Powell. The cheque wan not cashed, as I did not know the signature. it purports lo be signed by ,'oltn Williamson- We lexvo a. eiUtOn-.er at the lltlnk named John Williamson, ot" the _Y.-e-Zcalmuler, but it is lio't his s(i/n':'d'ure, and we have no other customer at the Hi ink of that name. Sergeant-Al-Vjor Meredith, Auckland Armed Police, sworn, deposed : [ received the cheque now produced from Mr. I'owell, on Monday, the Sib instant, and from in format ion received I the same day went to the Albert Barracks, and arrested the prisoner. Prisoner is attached to the C-Juituisfttt'itil Transport Corp's. I told him the charge he Was av-rcsted upon, ami cautioned him us to what tic might, say, as i might use it in evidence against him. On the cheque being shown to prisoner, he said he knew it, and got it from a mail whose nailte tie did not know, or where he was, or where he lived. I then look him to the police guard-room, and searched him, whell I found the letter now produced upon lut person. Prisoner said (he letter was iu his handwriting, and it is the same as that on the cheque. T'pon comparing the writing I find it is similar, especially the word " John.*' 'Ihe signature I believe is intended for Mr. John Williamson, of the Aew '/.calamler. The signature to the cheque is calculated to deceive any one who was not acquainted with the signature of John Williamson.

By prisoner: I have known slr. Williamson for about three months. L now know that it, is not his signature, nor does it resemble it. The conclusion of this iuse was bcre deferred for a short time for the purpose of obtaining Mr. Williamson's evidence, which parly was not then in attendance. The same prisoner was then charged by Louis ,T . Hopkins with having uttered to him a forged cheque, knowing the same to be forced. Louis J. Hopkins, sworn, deposed : T am a tobacconist residing in Queen-street. 1 know the prisoner, lie called at mv house on or about, the (itli of August, and presented me with the cheque now produced, for £5 4s. ; it purports to be drawn by Jl. J. Curtis, O. T. G., in favour of Walter Oiregorv, Esq., on the Bank of-New South Wales; and dated .Penrose, 186-1. The cheque was given in payment of £1 I had previously lent the prisoner, and 10s. for tobacco. I gave him the balance, .I'-'i l is. I kepi the cheque until the {'o'lowing Monday, "wlien I. paid it away to Messrs. K. anil If. Isaacs. A H/w davs after it was returned to me by Mr. Alfred Isaacs, who said that the cheque had been 'dishonoured. 1 took the cheque back, and yavc Mr. 1.-a.-ics I In- |' 1)r j t and next day 1 look tin: cheque to the li'auU of New >'ontli Wales, where T was informed f (]„, v ,11,1 not know any one of the name of Uur'jjs, 1101 . ),.' u | | IL , any funds there. I then went, up to' the Albert Kurrucks and enquired lor the prisoner. X found him there, and told him that, the che . luu ' luld b(?cn (Jis _ honoured. lie said tlmt he cou'.fl n0 ,., umk ,,. tfttUKl it> and hat. there must be some n.istake about it, and ™'' ""Je Jo Mr. Curtis, cvho was at Drurv, and llCUr '\ l ' or j I'C would call and me v P risonor to defraud " C -„ ;{■ ii 4 /uinied in my possession until i ga\e it to the Sr^t.-Maj or of Police. The eheotie BvPri.smer ! md cmio, ' sc ' (l V the prisoner. that is the ' , , Ui "° l tiwe to look after you, and. is the reason 7 !cc])t lh C | lC(|l|G s j -J . ' possession, w.ithont taking action in tJie S"r. 1 1111 2ou r,u(j intend to defraud me, oil account of

your strangß conduct in the I told you if the amount was not paid I sliou'd put it in the hands of tho police, and that the reas'On I believo that you paid me the £3 4s. By the l3ench : From the conduct of the prisonei in tho matter, I believe he intended to defraud me when he gave mo the cheque. First easo resumed :— John Williamson, sworn, staled: I am proprietor of the JS T ew Zealander, and have an account at the Bank of Now South Wales. The signature on the cheque now produced is not inino, nor does it bear any resemblance to it. By the Prisoner: Tt would not deceive nnv man who knew my signature, but might do to any one who was not acquainted with it. 'This being all the ovidence in tho first case, the second was again resumed :— Alfred Isaacs, sworn, deposed : I am clerk in the firm of E. and 11. Isaacs, The cheque now produced I received from Mr. Hopkins, on or ab'mt the 11th. On the following day, I paid the cheque into our account at the Union Bank of Australia, and it was returned to mo with the following words, "no account," pencilled at tho bottom. In the afternoon I tonic it back to Mr. Hopkins, who gave mo cash for it. (Jliarles Laishley, sworn, deposed : I am an ex- j change clerk in tho Union Bank of Australia, Auckland. T have seen the cheque now produced before. It was present oil at our hank, aild 1 afterwards piesented it at the Bank of New South Wales, where it was refused, and J returned it to tho cashier of our bank. William Ed\Vard Osborriu, sworn, stated : I am ledger keener ih the Bank of New South Wales. Tho cheque now produced was presented at our hank by the last witness on behalf of tho Union Bank of Australia. The cheque wus returned to him, as no .account being at the bank in that name. Tho_ Commissioner of Police here statod that ho would not he able to proceed any further with this case to-day, in consequence of the police being unable to discover any one by the name of Curtis, in tho Com. Transport Corps. Ho would, however, bo able to procure further evid'on'ee oh t'Yi'lay next. Remanded accordingly until l'Vnlay. BRfiAcil of " jnr.Nioii'AL i-oi.icr act." Thomas Moonev was charged with a breach of the above Act, by allowing his horse and cait to stand in Queen-street, without any one to look after them. He pleaded guilty, and was fined 20s. and the costs. Christopher Smith charged with the same ofi'encc, did not appear, and a warrant- was ordered to be issued for his apprehension. Samuel Tongue pleaded guilty to a breach of the Act, by keeping on the Wrong side of the road whilst driving. Fined 20s. and ihe costs. llliKACtl OV Tiiv: " Wlt.Utr REGULATION'S." Joseph Il'viu, master of the cutter ' Four Sisters," was charged with a broach of tho above regulations. Mr. Wynn appeared for the prosecution. Defendant did not appear being absent fVom port. Mr. Wynn drew the attention oT his Worship to the great inconvenience tint was caused by these repeated postpone'ii'ients, as it had already stood over a weeft. The charge against the defendant was for hauling hi< vessel alongside the Wharf on Sunday, contrary to the provisions of the Act, and of having used very abusive language to the authorities when spoken to about it. Fined ,C 5 and eosts. bir-Kirmt. Thomas Rnilv Was charged with being a deserter from the 12th Rcgt., but was remanded until Friday next, in consequence of their being in all probability, | another charge to bring against him, as a quantity of jewellery was found upon his ;>er:;nii, which he could not account for, and is supposed to have been stolen. OBSTRUCTING '''UK FOOTPATH. Christopher Smith was brought upon warrant, and charged with having obstructed the footpath in Queen-street, by leaving a suck of potatoes there contrary to the provisions of the " Municipal Police Act." lie pleaded guilty, and was fiherl is-, and the costs.