INTERCOLONIAL NEWS.

New Zealand Times, Volume XXIX, Issue 4165, 27 July 1874, Page 3

INTERCOLONIAL NEWS.

By the s.s. Otago, we have our files from Melbourne to the loth instant. From these we make the following extracts : VICTORIA. THE BUTCHART FORGERIES. The trial of George Butcharf for forging and uttering a cheque for £IOO, purporting to have been signed by James Tyson, took place July 1, at the City Police Court, Melbourne. Mr. Gurner prosecuted, and Mr. Ireland defended, the prisoner. Jame 3 McCalhvm, accountant to the Bendigo Advertiser, said: I received advertisement produced for insertion on the 13th March. It was inserted in 14th and 16th issues. Stamps were enclosed for payment of its insertions. Mr. George Vibert, post and telegraph master, at Sandhurst, said: I received the order produced on the 17th March, for the transmission of letters directed to " M.M.R." on to the Melbourne Post-office. I enclosed all the letters addressed as referred to in the telegram to the address requested, on the ISth March. John Middlecoate, a delivery-clerk in the Post-office, Melbourne, said : I received a bundle of letters about the 20th of. March last, addressed to "M.M.R." I delivered the letters about the 20th to a person who called for them. I cannot identify that person. William Crum, a clerk out of employment, said : I was in Sandhurst. I saw the advertisement. I answered it. I got an- answer to my letter about the end of the following week. I replied, and again got an answer. In the afternoon of the same day I received another letter. This is a copy. The original I gave to a person calling himself Tyson, in Bourke Street. The prisoner is the man. The copy I made in Sandhurst. (Copy read.) I wrote in answer to say I was coming to Melbourne, and on Tuesday, the 24th, I came by train. I met the prisoner on the following day at eleven o'clock. I was carrying the letter in my hand. I walked down Bourke Street from the east end, and saw a person standing at Cobb's coach office door, with a brown veil on. I went a few yards past the door, then turned back, and asked him if he was Mr. Tyson. The veil was the same color as that now produced. He said he was Mr. Tyson, adding, "We had better go to the shipping office to have your passage taken out by the mail steamer." Before this [I had given him the letter of the 23rd March. He kept the letter. He had an Inverness cape on, a hat with a light covering, and light-colored trousers. He wore goggles, with colored glass in them. We both crossed over to the cab-stand. I oppened the door, and assisted him into a waggonette. After he got inside he told the driver to go to the Bank of Victoria. He asked me how I had been employed since I came to the Colony, and how long I had been in Victoria. I said I had been twelve months here, and on a sheep station nearly all the time. I asked him if he intended going home by the steamer. He answered, "No, not for twelve months." I asked him the nature of the duties I would have to perform. He said he would explain that to me afterwards. A little after that, whilst in the cab, he told me it was to factor some property in the neighborhood of Glasgow. He mentioned three places which I knew, namely, Govan, Paisley, and Renfrew. He said he had been unwell, and adjusted his goggles, as if referring to his eyes. He drove to the Bank of Australasia. I remarked it was not the Bank of Victoria. The prisoner then desired the cabman to drive to the Bank of Victoria. On the way down from the Bank of Australasia he produced three slips of paper, similar to cheques in shape: He selected one (that produced) and handed it to mo. Wo reached the bank, and I had this cheque in my hand. He said, in almost a whisper, " Go in and get £5 notes for this." I did not see what became of the other pieces of paper. I stepped from the cab and made a signal to the detectives, and walked into the bank. I presented this cheque to the cheque clerk. It was on the left-hand side of the bank. I asked the ledger-keeper if the cheque was right. Before he had time to answer, Detective Lomax came in and got the cheque from him. I saw Lomax going into the manager's room, and coming out immediately afterwards with another cheque, which he was comparing with it. I next saw prisoner struggling with two detectives down the passage of the bank. I left the bank shortly afterwards. I saw the prisoner searched there. H. W. Smith, a clerk in the Bank of Victoria, said: I know James Tyson. Ho keeps two accounts at the Bank; but only signs one himself. The other is signed by his station manager. The manager's name is Tyson; but not James. The cheque produced is not signed by James Tyson, although the signature is a very good imitation. The "T" is bad. The signature is not Mr. Tyson's handwriting. Detective Lomax said: On the 25th March last, I was in Bourke Street, near, the Albion Hotel. I saw the prisoner there about 11 o'clock. He was dressed in a white cap-cover over a mouse-colored felt hat. He wore a cloth Inverness capo and light trousers, and had a veil coming down over his face. He carried a carpet-bag in his hand. He went into the booking-office in the hotel, and came out again in company with the witness Crum. I saw both the prisoner and Crum get into a waggonette. I followed them in a cab to Collins Street west, near the Bank of Australasia. Tho cab turned round again, and eventually stoppedattheßankof Victoria. IthensawCrum get out of the waggonette and gointo the Bank, the prisoner remaining in the cab. The position of

the cab was such that the prisoner could see up the passage of the bank. . Crum went into the bank, and I followed him. I saw a cheque lying between himself and the clerk. The cheque produced is the one. I heard certain conversation, and took possession of the cheque. From something I learned from one of the clerks I afterwards went out. into the street, where I saw Detective Nixon close to the prisoner's waggonette. I went to the waggonette and spoke to the prisoner. I said, "Are you Mr. Tyson?" The prisoner made no reply. I then said, " Are you Mr. James Tyson?" Prisoner replied, "I am." I said, " There is some mistake about your cheque, will you step into the bank ?" The prisoner made a movement as if to get out of the cab, but afterwards drew back again. Detective Nixon and myself then took hold of him and pulled him out of the cab. He resisted, and tried to get away down the street. We forced him up the steps of the bank and along the passage into the bank. We took him into a side place near the accountant's room, where there were several clerks standing, and pulled the veil he was wearing down from his face. This is the veil. (Veil produced.) In doing so a pair of false whiskers he was wearing came off, and also a pair of green goggles fell from his eyes, and a wig he was wearing from his head. (Articles produced.) I said to the clerks present, "Is this Mr. James Tyson ?" One replied, " No, that is not Mi'. Tyson." This was in the presence of the prisoner. We searched the prisoner, and found two pieces of paper, one an agreement (produced) :—" Agreement made 25th day of March, 1874, between John Tyson, of Currajong Creek Station, Albert District, New South Wales, on the one part, and W. B. Crum on the other part, whereby the said W. B. Crum agrees to enter into the service of the said John Tyson as clerk, agent, or attorney, for the period of twelve months from the date hereof, and engages to proceed to Glasgow by the mail steamer Nubia, advertised to sail from Melbourne to-morrow, 26'th March, and there diligently and faithfully to carry out the instructions, and obey the lawful commands, and protect the interests of the said John Tyson. Agrees to pay the said W. B. Oram's passage money as a second-class passenger by the Nubia to England, and to pay him in advance twelve months' salary, say £l3O. (Signed) John Tyson." The other document read as follows :—" Color. Brand on hands. Cheques —Campbell, Tyson, Goodall. Passage— Cropper. Hat, veil, throat-wrapper. Cheques marked at 10 a.m. Meet at 11. Cheques cashed. Change notes. Start for Williamstown at 12. Eyeglass, "watch, leave behind. Carpet-bag. Agreement." On the prisoner was found a powerfulmagnifying-glass. We foundthecarpetbag "with him. The cheques mentioned are Campbell, Goodall, Cropper, and Tyson. We had to handcuff the prisoner on account of his resistance while searching him. We took him then into a back passage in the bank. When there Mr. Harrison, the inspector of the bank, came in, and asked us what Butchart was charged with. I told him he was arrested on a charge of forgery and uttering. That was the first time I knew who the prisoner was. I said to Butchart, "If you had told us who you were, you might have saved yourself a good deal of knocking about." He replied : "Well, you know who I am now," and holding out his hands said, in reference to the handcuffs, "There is no necessity to keep these things on longer." Shortly afterwards, we removed the prisoner in a cab to the detective office. At the office I went to prisoner and said, " What about the cabman you engaged ; he must be paid." I saw the prisoner again before he went to the lock-up. I showed him the cheque G, and said, "I may tell you that anything you say. may be used against you." I also said, " This cheque has been pronounced to be a forgery." The prisoner made no reply. He was removed to the watchhouse and locked up. Cross-exam-ined by Mr. Ireland : I believe Butchart is well-known in Melbourne. I knew him as a sharebroker. I know that three days after his arrest he was removed to the Cremorne Lunatic Asylum. This was on the 28th. He was in the asylum until last Saturday week. He was again arrested by myself and Detective Jennings on the day of his liberation from the asylum. By Mr. Gurner : The disguise was effective. If I had seen the prisoner without it afterwards in the cab I would not have recognised him. Thomas Nixon, a detective, said : I remember, on the 25th of March, having the prisoner in charge. I saw him dip his hand into a glass of water at the detective office, and wash a blue tattoo mark off the back of his left hand. H. G. De Gruchy, engraver and lithographer, said: I am an expert. I have seen all the documents except the one marked " copy." The agreement, the cheque, and the letters signed " Tyson" and the one signed "M. M. Ross," I believe are written by the same hand. I believe all but the envelope B. and the letter marked " copy" to have been written by one person. One of the letters is written in a disguised hand. One of the peculiarities is in the final t's, which are looped and crossed in a peculiar way. The small y's, when final, are made in a peculiar way. I have seen the prisoner's writing, but should not recognise it. Moss Simmons, a dealer : I recollect the day the prisoner was ai'rested. I was in Collins Street, near the Bank of Victoria. I picked up a cheque (produced). I found it at the foot of the bank steps crunched up. Mr. De Gruchy, recalled : I have examined the cheque signed Goodall. I think it is signed by the same hand as the others. Walter Ralston, ledgcrkeeper at the National Bank, said : There is a John Goodall who has an account at the Bank. The cheque produced is not signed by him, although the signature is a good imitation. Mr. Gurner: Mr. Goodall cannot attend through illness. Mr. Ireland said he felt that to call any witness for the defence would be to ask the Bench to undertake the functions of a jury. There could be no possible doubt as to the state of his client's mind at the time the alleged offence was committed. His conduct and the fact of his removal to the Cremorne Lunatic Asylum and detention there for three months spoke for itself. The prisoner was committed for trial, bail being allowed, himself in £SOO, and two sureties of £250 each.