LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9083, 18 June 1888, Page 3

LA W AND POLICE.

SUPREME COURT.—Criminal Sittings. Saturday. [Before His Honor Mr. Justice Gillies.] Forging and Uttering. — John Phillips and Frank Walton, two youths, were indicted on a charge of having, on the 21st of April, feloniously forged a cheque or order for the payment of money. There was a second count charging them with uttering a cheque, knowing it to be forged. Mr. Franklin appeared for Phillips, and Mr. O'Meagher for Walton. Both prisoners pleaded not euilty. Mr. Williamson, in opening the case for the prosecution, said that of course it was almost impossible that both prisoners could have done the actual writing, although there was a case in which one made the plate, another provided the paper, and another printed it, and although neither was cognisant of what the other had done, they were each held to be principals. There was no direct testimony as to which of the prisoners actually signed the cheque, but if the jury was satisfied that they were acting together, that was sufficient, and both would bo guilty. The cheque purported to be signed by W. S. Whitley, and it bore a very closo resemblance to that gentleman's signature. Walton, who had een a clerk in Mr. Dufaur's office, had frequent opportunities of seeing Mr. Whitley's signature, Mr. Whitley being a client of Mr. Dufaur's. Phillips was a companion of Walton's, and they were frequently together. Walton terminated his engagement with Mr. Dufaur on the 23rd, and a day or two afterwards a piece of paper was found on his desk bearing the words "£2O, 5.D.G.," as if some person had been practising. The whole evidence of the forgery was, he acknowledged, only circumstantial. Another feature was that the cheque was on a National Bank form, but drawn on the Bank of New Zealand, and it was in evidence that this was taken from a cheque book supplied to Upton and Co., and also that three forms from this book had been bought by some young man. On the 20th a companion cheque from the same book was presented by Phillips to the National Bank, but this was a good cheque. As to the uttering, the evidence was more direct. The prisoner Phillips handed the cheque to Mr. Fredk. Williams, whom he met in the Public Library, and asked him to get it cashed for him. Williams demurred, but afterwards consented, and on after-thought from the prisoner's demeanour he thought there might be something wrong with the cheque, so ho took it to the police office, and, accompanied by a constable, he went to the bank, and presented the cheque. Here the forgery was detected, and the prisoners were arrested on the present charge. Mr. W. S. Whitley, Fredk. Williams, and a number of other witnesses were examined. There were no witnesses called for the defence ; and counsel for the prisoners having addressed the Court and jury for their clients, His Honor summed up the evidence. The jury, after about an hour's deliberation, brought in a verdict of acquittal as regards Walton, but returned a verdict of "Guilty of uttering" against Phillips. Walton was discharged from custody, and Phillips was sentenced to twelve months' imprisonment, with hard labour. The Court then adjourned until ten o'clock on Monday morning.

POLICE COURT.— [Before Dr. Giles, R.M.] Drunkenness.—Honry George Edward Meyer, Ann Sullivan, and Benjamin Medcalf, were fined 5s and costs for drunken-.; ness. Contempt of Court.George Stephens was charged with refusing to obey an order of the Court, issued on February 13, by Mr. H. G. Seth Smith, Resident Magistrate, to pay 5s per week each for two of his children, and allowing the sum of £9 to get in arrears. The prisoner said he could not pay it. The complainant's wife did not appear. The case was remanded till Monday. The French Escapees.—Remi Philibert Lanfray Cury and Francis (alias Capitaini) Gasperini were again brought before the Court to answer to the charge of stealing the cutter Martinet from Noumea harbour, New Caledonia, on February 23, and also with entering dwellinghouses in Auckland. A further adjournment was had for eight days, on the application of Inspector Brohara. Obscene Language.—Elizabeth Bickerton and Mary Morton wore charged with using indecent language on the 13th of June, in Grey-street:. Inspector Broham appeared for the police, and Mr. Blomfield appeared for the defendants. Elizabeth Bickerton put in an appearance, but Mary Norton was not present. Mr. Blomfield asked for an adjournment till Monday, on the ground that Mary Norton was unwell. Inspector Broham said the illness he believed was all sham. He thought the woman wanted to dodge the Court, and so did not come. The Resident Magistrate adjourned the case till Monday, the Inspector saying he would prefer to go on with the cases together. Illegitimacy.—Charles Garrett, butcher, Karangahape Road, was charged with refusing to support his illegitimate child, of which Kate Griffin is the mother. The defendant pleaded not guilty. Mr Napier appeared for the complainant, and Mr. Humphries for the defendant. Mr. Napier said the defendant, admitted the paternity of the child, but denied that he refused to pay for its support. Mr. Humphries said the dofence was that an agreement had been entered into between the parties that the defendant should pay 7s per week. This he had done. The demand was now for 10s per week. The complainant said the child was ten weeks' old, and the defendant had only paid £1 for the child's support. It cost 10s per week to support it. In crossexamination complainant admitted that she had had previously an illegitimate child, this being the second. The father of the first child left the colony before it was born. Witness Was a domestic servant, and had received £ I per week and "found" up to last Friday week, as a nurse. She left the position to take care of her own child. Witness said she was confined at the Refuge, and the confinement did not cost her anything. The least she could get the child boarded out for was 10s per week. The current wages for domestic servants was 10s to 12s per week and found. Mary Ann Follis said she had kept the baby six weeks, and received £2 18s. She was willing to maintain the child for 7s per week. The Resident Magistrate made an order for 7s per week, without costs. Illegitimacy.—John Brett was charged with refusing to support his illegitimate child, of which Helen Humby is the mother. The defendant did not appear. The case was adjourned for a week.

Illegitimacy. — James Stephens was charged with refusing to support his illegitimate child, of which Maud Deltaffwas the mother. The case was adjourned for a week.

PAPAKURA R.M. COURT. Tuesday. [Before Thomas Jackson, R.M.] John White v. Simon Bknson—Sureties of the Peace. — Complainant did not appear. Case struck out. Obstructing a Road.—William Forbes was charged with obstructing a public road at Wairoa, by erecting a fence thereon. Mr. Theo. Cooper appeared for the Wairoa Road Board, who were the informants. Mr. J. M. Alexander and Mr. T. Cotter appeared for the defence. On Mr. Cooper's opening, defendant's solicitor stated that a question of title was raised. There was discrepancy in the plans on conveyances of lots on each side of the road in dispute. The Court concurred in the opinion that a question of title was involved. The case was then withdrawn. Subsequently Mr. Cooper announced that an amicable agreement had been arrived at between the parties. Adoption of Children's Act, 1885.— An order of adoption was made in terms of the Adoption of Children's Act Amendment Act, 1885, to enable Mrs. Jane Ashhenden to adopt a female child, aged three months. Civil Chadwick v. Wylie: Claim, £58 10s. This case was heard last Court day, and the Resident Magistrate now gave judgment in equity and good conscience for the plaintiff for £36 10s 9d, costs £7 4s. J. Brown v. J. Walker, of Mauku : Claim, £9 17s 9d. Defendant, who is now digging gum at Karaka, did not appear, but wrote to the Court, stating his inability to pay the amount. Judgment for the plaintiff with costs £2 ; to pay 20s a month. Mayo v. Downie : Claim, £12s 6d. Judgment for plaintiff, with costs 7s. Hall v. Michael Carr : Claim, 10s, for trespass and digging on his land. Judgment for plaintiff 2s Cd, costa 6s.—[Own Correspondent.]

OPUNAKE R.M. COURT. Tins Court was held on the 25th ultimo, Major Luke on the Bench, when a case of alleged horse-stealing by a native was heard. Mauriri Nuku was charged with stealing a horse, valued at £6. Inspector Pardy prosecuted. Mr. R. H. Seccombe was the reputed owner of the horse in charge outside of the Court. The undermentioned gave evidence: —Rangiora, Te Wira, John Clerey, Sergeant Twomey (a police constable), stationed here, J. D. Jacks, Pihekete, Ponhiorhi, Tuhuparae, and Haumiaohua. The Bench dismissed the case. A case of considerable interest was heard and decided in this Court on Tuesday, the sth inst., His Honor Judge Rawson on the Bench. Mr. E. O. Sullivan sued Mr. E. J. Morgan, both of this place, for the sum of £12 8s 4d, the value of half the fence which had been erected by the owner of O'Sullivan's section, the adjoining land, at the time being Crown Lands, O'Sullivan having purchased his section from Hogan, neither having been paid for the fence since its erection in 1881. The section which Mr. Morgan has is a deferred payment one. In 1882 a Mr. King took up this deferred payment section, ho at the time working for Mr. G. Bayley, at Manutahi. Very shortly after he got drowned. The widow continued to pay several instalments, then threw it up to the Government. The Government refunded one instalment, and resumed possession. Subsequently a Mr. Pearson took it up, paying one instalment. Then lie exchangee! with the Government foranobher section, some miles away, the Government resuming possession. Then a Mr. Kirk took it up for a short period, paying one instalment; then transferred it to Mr. Morgan. Mr. O'Sullivan billed Mr. Kirk with the fencing, of which he took no notice. When Mr. Morgan got possession, O'Sullivan billed him, as the last occupier. Morgan repudiated the debt on the grounds that three persons had had the land before him, from whom either Hogan or O'Sullivan should have gotpayment from not leaving it for the fourth occupier. Mr. Caplin, who appeared for Mr. O'Sullivan, said the liability of the fence must go against the land, until it was paid for. The judge said it seemed very hard, but a person buying land should ascertain what, if any, liabilities are on the land. Mr. Caplin said sections 15 to 16 of the Fencing Act must be read together. Mr. Morgan pointed out that the gorse had spread considerably on the land from the fence ; and he would rather put up a new fence than eradicate the gorse. The judge, after carefully looking up the Act, informed Mr. Morgan that ho could not see the least chance of gaining anything by an adjournment, only spending more money. The judge said if twenty occupiers took the land, the land was liable until the- party got paid for the fence. The question now was, what was the fence worth. Mr. Caplin called Mr. Stevenson, who valued the fence at 12s per chain. Mr. Morgan asked him if he had inspected the fence. He replied he had. Mr. Caplin called Mr. G. \V. Gane, who had inspected and valued the fence at 12s per chain. Mr. Morgan asked had not the gorse spread alongside of the fence, and if Mr. Cane would not rather erect a new fence than eradicate the gorse. Mr. Gane said he would, but a fence where the live plants were grown up was certainly an advantage to a new bank. When valuing, he only valued the fence, not the land alongside, or anything that was on it. Judgment for plaintiff for £12 Ss 4d, and £2 16s costs. Messrs. Gane and Stevenson declined to take their expenses. This concluded the case.—[Rahotu Correspondent.]