Magistrate's Court.

Oamaru Mail, Volume XXII, Issue 6792, 18 January 1897, Page 1

Magistrate's Court.

THIS DAY. (Before Major Keddell, 5.M.,) FORGERY AND UTTERING. Frederick Gurney was charged, on the information of Sergeant O'Grady, that he did on the 9th day of January, 1897, at Waitaki South, forge and utter a certain cheque, drawn upon tho Timaru branch of the Bank of Australia, for tho payment of L 4. James Kennedy, boarding-house keeper deposed that accused visited his place on Wednesday, January 6th, and stayed till the 9th. Before leaving he presented a cheque for L 4 in payment of his account of Bs. The cheque was drawn upon the Union Bank of Australia, Timaru, and signed John Mills. Witness cashed the cheque on the accused's representation that Mills was a carpenter in Timaru. Accused, at -witness' request, endorsed the cheque. Subsequently witness noted that the cheque was dated December 28th, 1897. and drew accused's attention to the fact that it was post dated. Accused said it was a clerical error, but that it would be alright. Accused left early the next morning and witness did not see him again. In consequence of inquiries he made re the cheque ho informed tho police. William Frederick Burnley, sheep farmer, Otaio, deposed that accused had been in his employ as cook for the last six months of 1896. During the temporary absence of witness' wife he left accused the keys. Mrs Burnley had an account at the Union Bank, Timaru. He produced her cheque-book which contained the preceding and succeeding cheques to that forged by accused. The cheque had not been negotiated by his family so far as he knew. Sholto Ferguson, clerk of the Union Bank, Timaru, deposed that the cheque in question was issued to Mrs Burnley. The cheque was presented signed John Mills and was dishonored, there being no account in that name. He knew of no John Mills ; they had no such account. Detective Livingstone, Timaru, deposed that he knew accused. He could find no trace of any person named John Mills, to answer the signature on the cheque. He had been 10 years at Timaru. Thomas Graham, constable, Ngapara, deposed to having arrested accused at Duntroon, on the 12th inst. Accused said nothing at firsc but subsequently said that it was drink got him into trouble. He found 2s 6d on accused, who said he had spent the remainder. Accused reserved his defence and was committed for trial at the Supreme Court sittings, in Timaru, on February 9th.