RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 1150, 22 December 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker, Esq., E..M.) LARCENY. John Carter was charged with having, on the 2nd December, at the Dunedin Racecourse, stolen a watch from the person of Bacvard Moore, and valued at L 5. Inspector Thompson prosecuted. The prisoner pleaded not guilty. Detective Livingstone gave evidence to having arrested the prisoner, who stated that he was the man mentioned in the warrant, but that he had received the watch for sale. Prisoner was remanded to Dunedin. FORGERY. Henry Fell was charged with having, at Oamai'u, Papakaio, and Duntroon, between the 4ili of November and the 11th of December-, forged and uttered three cheques purporting to be drawn on the Bank of New Zealand at Dunedin by James Wilson and Co. to the amounts of L 8 Is, L 7 2s, and L 7 Is. Inspector Thompson prosecuted. James Ward gave evidence to the effect that prisoner had called at his place at

12 o'clock on the 3rd instant. Prisoner stated that he was a brother to Mr. Thos. Fell, whom witness believed to be employed in the Customs at Dunedin. Prisoner remained and had dinner, and left about two hours afterwards. He again returned and asked witness if he would endorse a cheque for him as he was a stranger in Oam&ru, and the bank would not take it. He said the cheque was one of Mr. Wilson's, Dunedin, for whom he was travelling, buying barley. Witness endorsed the cheque. The cheque produced was the same. James Wilson, brewer, Dunedin, gave evidence to the effect that the prisoner had been in the employ of the firm from the first week in November till the 22nd of the same month. He had no authority to sign cheques. He had no connection with the firm after the 22nd November. The signature to the cheque was not that of the firm, and not like it. Witness knew the writing of the accused, and recognised the signature, " Harry Fell," at the back of the cheque as the writing of the prisoner. The writing on the face of the cheque was also accused's. The firm had no account with the Bank of New Zealand. Inspector Thompson : With your Worshep's permission I will now examine Mr. Wilson upon all the cheques. His Worship consented, saying all the cheques were included in the information. Prisoner : I acknowledge that the writing on all the cheques is mine. Witness then gave evidence to the effect that the signatures to the other cheques were not those of the firm, and that the writing was that of accused. Prisoner was discharged from the employment of the firm. Prisoner declined to cross-examine the witness. Arthur A. Smith, hotel-keeper, Duntroon, stated that on the 6th instant prisoner called at witness' hotel, and remained all night. On the following day prisoner told witness that he was travelling buying barley for Wilson, the brewer. On Monday morning prisoner ieft his house until about 9 o'clock. On the Sunday night prisoner presented a cheque to pay what he.owed, but witness asked him to leave the cheque until morning, when he would give change for it. On Monday morning, about 9 o'clock, prisoner, before leaving, presented a cheque for L 8 Is on the Bank of New Zealand, and signed " .James Wilson and Co." Witness took what prisoner owed him, about 9s, and gave the prisoner the balance, less Is for exchange. He did not notice that there was no stamp on the cheque. Prisoner left, but returned in the evening, and remained until the following morning, when he was arrested by Sergeant Beatty and Detective Livingstone. Prisoner : Before cashing the cheque, did you take any precaution to ascertain if the signature was genuine ? Witness : After the representations you had made to me that you were travelling buying barley for Wilson and Co., and the tale seeming so feasible, I did not think it necessary to make any inquiry as to the correctness of the cheque. At the same time, I did not know Wilson and Co.'s signature. You having offered to endorse the cheque before I cashed it, I thought it right. Prisoner : Was there in your house at the time a gentleman who would be likely to recognise Mr. Wilson's signature ? Witness : The only person I know would be Mr. M'Carthy, who came in after I had cashed the cheque. Prisoner : You knew Mr. M'Carthy was connected with a firm of brewers in Dunedin. Witness : Certainly. Prisoner : Did you show him the cheque 1 Witness : No. Prisoner : That is all I have to ask. William Pirie, hotelkeeper, Papakaio, deposed that on the 4th inst. prisoner came to his house and remained all night. After breakfast prisoner left, returning again in the evening. In the evening prisoner told witness that he was buying barley for Wilson ; that he belonged to the Peninsula ; that he was a good judge of a crop of wheat when he saw it on the ground ; and that he was buying barley by the acre for Wilson. Prisoner presented a cheque for L 7 2s on the Bank of New Zealand, signed James Wilson and Co. He asked witness to cash it, and witness told him that he had not enough money to cash it. Witness said he was going to Oamaru on Saturday, and said he would take the cheque into the Bank for him. Prisoner said he was going by the train in the morning, and that he wanted some pocket money. The following morning prisoner called witness from his bed, and said he wanted LI or L2. Witness gave prisoner L2, and prisoner gave him the cheque. Prisoner declined to cross-examine the witness. Inspector Thompson said that one of the witnesses (Mr. Spence) had not returned from Dunedin. He proposed examining Sergeant Beatty and then asking for a remand. Sergeant Beatty stated that he arrested the accused at Duntroon on the 9th inst., on a charge of forgery. After the charge had been read over to him, prisoner said, " The parties that gave me the money were great fools, as the cheques were not stamped. ' I knew I would be arrested for passing the cheques." Witness searched prisoner, and found L 4 I2s 6d upon him. He said the money belonged to Mr. Smith. Prisoner: When I said the money belonged to Mr. Smith, did you understand me to mean that the money was the proceeds of the cheque Mr. Smith had cashed 1 Witness : Yes. Prisoner was then remanded until tomorrow morning.