SUPREME COURT-CRIMINAL SESSION.

Otago Daily Times, Issue 550, 22 September 1863, Page 5

SUPREME COURT-CRIMINAL SESSION.

Monday. September 21st. (Bpfore his Honor Mr Just'ce Richmond.) His Honor took his seat at 10 o'clock. CHARGE OF FORGERY AND UTTERING A FORGED OHEQTJE. Thomas Smith was charged with forging a cheque in the name of Josh. Jackson for L9los on the lath August last; and on a second count with utterin"the same knowing it to be forged. n The Crown Prosecutor having stated the case, William Dale, a locksmith and bell hanger, living in George street, Bunedin, said that about two months ago'he took the prisoner to lodge at his houa;. On the evening of the same day he said to witness's wife, he had met with a friend to whom he had Jent L9._and whohid given him in return a cheque for L9los, the 10s being consideration for the loan of the money. This cheque he placed in the hands of Mrs Dale to take care of. A person lodging in the house, namecl Broughton, had a watch to sell which be offered to the prisoner for L 4 4s. The latter offered L 4 for it,-which was accepted, as the Feller wanted the moneys The prisoner found it necessaiy to get the cheque^ cashed, and witness gave him the money for it on his endorsing his name upon it.! '. A

neighbor of the witness's, "a corn dealer, cashed the "cheque for him the next day, on hi-i^mfowng his own nams upon it. The prisoner pnto fo> the watch gave half the b la ice to Mrs Dale, an<l in about halt an hour returned arid aske.l for it, as he said In iiad bought a gold guard", and had it to pay for. Ha jeat out and did notretura until three o'clock ttie following morning. He slept there, breakfasted then went out, and the witness saw no more of him until he was taken into custody. The prisoner put some qu stions with tha purpose ot eliciting irom the witness that he had been served with a quantity of drink by him white engaged in a game at canls with a fellow-lodger, at h's huue. The witness denied cards being played or drink served in the house.

Griinsliaw Brown, a lodger with Dale. sa?d the watch, which belonged to the last witness, was sold by him to the prisoner. In answer to the prisoner: He did not recollect playing at cards on the morning previous to selling the watch, nor batting upon the lengths of timber outside the house. He would swear he did not do so. He went out with the prisoner and returned home with him drunk that night. Up did not remember Dale t -king brandy up stairs to them the following morning. Sarah Dale identified the watch produced as the one sold to Smith. In answer to the prisoner the witness denied having supplied him with drink, except a* portion of a quart of ale which was fetched into the house. He slept two nights at the house. The cheque was not changed the first day of his arrival, but on the second day. She called him to get up to go to work, which he said he waf not able to do as he was too ill. He went out that morning with her husband s coat on, and was taken into custody on the same day. George Fowler, storekeeper, proved givin» Dale cash for the cheque, which he took to the bank on which it was drawa. He was told there was no account, and payment was refused. q« fW ,NMmi *h», l«l ßer.keeper ofthe Bank of New South Wales stated that the cheque had been presented at the Bank, and refused payment, as no person whatever of the nnme of Joseph Jacks m had had an account with the Bank since its being established accounts 6""1" He could not spsak as to Branch

By the Jury: He wouM not like to say that the name Thomas Smith" endorsed was tho same hand-wnti-g as "Thomas Smith" in the body of. the cheque, but they much resembled each other. By His Honor: He did not doubt the signature being m the same handwriting as the boiy°of the CUPQU.6*

fay the Jury: He would have no knowledge of accounts opened with any of the branches of the liank.

■ Police Trooper M'Knight apprehended the priainer at Caversham, who, on being informed, of the charge against him, said he had the cheque given to him by a namesake. He was not acquainted with any one nameu Joseph JacVsnn in Dunedin. prisoner addressed the Jury in his defeuce, stating that ta had received the cheque ia payment for money lent to a mate by him wh.le in Victoria and pointing out the improbability that he should have acted as he did in depositing the money with Mrs Dale.aud remaining iv the house had he been guilty either of forgery or uttering the cheque knowing it to betorged. ■•'■■- ---v , ' '.„, . *- > The Crown Prosecutor replied. :■• His H'inar summed up. - ■ The Jury retired, and after alapse of ten minutes returned a ; verdict of Guilty. Sentence was deferred. ''■'":.*"■; - -■■ -v- --

; STEALING FROM THE PERSOK. John Shief was indicted on a charge of stealing, on the Ist of April-last, from,the person of .-Thomas M Int63h,.at,.Queenstown, a purse containing nine pounds ten shillings, a deposit receipt" for L6O a miner's right, and other, valuable securities. On a second count, the prisoner was charged with receiving the stolen prp|jerty.; ;.;n;:,.';r ?:^TT-r>=;;-' ; The Crown^Prosecutor stated r the circumstances and called .; -^;. :^;.j;: , : ;i ?;i ~-.-.-, . '

Thomas M'Tctosh, a djgger, who in April last was at Queenstown. He deposited LGO in the Union Bank;of{Australia.at the Arrow, for which be had given to him a deposit receipt.' The'rec'eipt produced was like the one givenllo-hiavbufc not having taken the number he could not swear to it. While in Queenstown, he on one "occasion, while intoxicated went into a billiard room, lay vdownon ar form, and fell asleep. He had the. property on his person at the time. When he awoke, there were five men present, but the prisoner was not among them; He did not know him; nor did he ever see him until he met him in the Ma^istrate's^Court. By his Honor :,He; had.the purse in his hand an hour before he went into the billiard room. He had no drink then.

Bell, shipping agent:-, About the 18th May knew the prisoner, having seen him od board the William Miskin on her voyage from lnvercartuH. As agent for the steamer; he received from the prisoner the deposit receipt as security for the passage money for himself and three mates.. On his arrival at Ounedin, as the prisoner could not write, he (the witness) endorsed the deposit receipt •'John Shief," for him, and he attached his mark". Onpresenting the receipt at the Bank, it was refused; p'ajinent^'a's the moneywas not deposited in that name, and he was informed' it was stolen. < The prisoner ; went back to receive the balance ot the, money, and was given in charee to the police., : -~ .-. ■ \ "■: ■', ' :" ,;;■-; :-:■'

W R J effries, Clerk to the Union Bank, knew that a deposit receipt was stopped by Mr Graham.: a teller in the Bank, who informed him-to ') that effect. On the 2lst April.tha Bank in D unedinfreceived a letter from the branch at tbe Arrow, requesting them to refuse payment of the receipt;No 48,' for X6O; 'as it had-been stolen. ;- ; •■>.:-•- •;■ -.-•-i- ,f.:j■.-,-.•:

Detective Tuckwell said (hat the prisoner was taken to the detective office in May last, by Ball, charged with, obtaining four passages by means of the deposit receipt. . .-.,. ~ , . : '■.":-',-. The prisoner said that he had received it from his brother, to whom L3O of the amount were due. ' Air R. Jeffries- was re-called and produced the requisition slip for the deposit receipt, which had been forwarded iv the regular course of business, by the agent at the Arrow, to the Bank in Dunedin. " Thomas M'intosh identified the slip as'having been signed by him, when he went to stop the money. His Honor: Why this is uafed the 14th January, are you sure you are right ?■ ■ .-;■-.. iv ■.';.-■-'- . The .Witness : I signed something. , His Honor: Look at it again, and. 'say when you think you signed it? . The witness again- examined the document, but was unable to give-ad answer or to read the slip intelligently. •'. '.:..-. :,-. . --.-. ;, . ; . -■..-■.

His Honor considered that he should not be justified in accepting the documents produced as evidence of the identity of the receipt, in'the absence of living witnesses, who ousht to have been produced and ad" dressing the Jury said,- that from the absence.,of legal evidence, the prisoner, to, entitled;to a verdict of acquittal. A verdict to that effect .was recorded, and the prisoner, who had been/sentenced to imprisonment on another charge the tei'.u of whicli was completed, was therefore discharged. '0 John Griffin was excused from service on Special Jury, for which he had been summoned, on the ground of having already been acting pa Grand and petty juries. forgery. * ' Walter Baxter Morris, charged with forging a cheque on the Union Baak, pleaded Guilty. Sentence was deferred to the following day. CHARGE OF BI7K<3LARr. Alonzo Morris was charged with breaking into tie house of Samuel Rowley, at Tokomairiro; ■ m William Tough said he was a carter, living at Tokomairiro, at a private township •■ called Milton. Hs became acquainted with the. prisoner a few days previous to the 26th June. He h-d done some wood cuttmg for him On the 25th June; he went to witness house about 11 o'clock; in the foranobri and again about one o'clock in the moraing.of the 26th He was awoke by his asking for, bread and potatoes. His wife told .him: to gothe-aucoinmodation house, when he went away, but hs knew,by the -sound of his footsteps that he had gone round'to Rowiev's Lhbrise, and he heard him puU at the door, which was 20ft distant from His own door. There were two windonr at the back of the house. He next heard■ ths soun of, footsteps, as of a person: K 6ing , thither, rhea he heard a> tinkling as if of tin boxes. He could not say. where it was, but the noise seemed to come from ■ Rowley's • house. When his wife heard.tlie person pulling at ; tlie : door she told him not to " mess'? the door, as the old man was in Dunedin. The next day he noticed the rail ot the fence was standing up against Rowley's window, the frame of'which was knocked in, and the latch unfastened. There were mudly footmarks on- the wall and on each side of the window. : .■•,-■. -.-.•■

By the prisoner: In going from witnessV gate to the road a person might go under JRowley's window. Elizabeth Tough, wife of the last witness, gave evidence that the prisoner cilled on her the forenoon previous to the house being broken into; and asked her if the old man was in Dunedin; She answered he was. He thea a^ked if her huband was at home. She replied no, but .she expectei him'home that night. About one o'clock on the follbwmg^aornin she heard some oue knock at' Rowley's' dobr..; Ttriuk jnff at was some drunken person she dii not speak but shortly after a person knocked ar. their door, ant on inquiring, who it;was, : the prisoner answered it was ' Moms from the buih," ivho wanted some bread or potatoes, as he was very hungry^ She bidi him go away, as she had none. He went away, and shortly alter she heard;a noise, which;she.could not describe exactly^ as the child was crying -She asked her husband to rise, but he refused, \sayiug he had no doubt

all was right. It whs a* sound a-it' couitt'iiiig vav being moved'or shitted, tlie knew the prisoner by his voice. By vie Prisoner: You asked for 10s on account of the wood, as you said you weie lianl up. When you l?ft..mj door you went to Howley's door v, second time. Alary Tough, daughter of the test two witnesses, continued their evidence. When he asked for some bread or potatoes the ruse, and looking out of the window, she «'avv the prisoner p;o to Kowlej's door and comiuencri pulling and dragging at the dooi. Atterwaiv s slie he;ird a grcsit sma^lt like the breaking of glass or the falling oi iro), anil shor ly after a noise as of some one in llowL'j's house knocking about.. She pssed the windows about nine o'clock in the evening when tlwjy were nor. broken. Samuel Mnvley, a storekeeper at .Milton, Tokomairiro, left home on the.24th July last, aftsr having secured the doors and windows The two windows were fastened with a button inside. When he rer turned he found the \lnca had Leen entered r.nd the -"furniture pulled, about as if some one had been looking over it. There was a .sma'l box ai hi« he>iit he'd in which he had hec-n iti the habit of kto.; ing silver. Jt hnd been removed nn.i turner! the wrong sida up. It had been opened. The prisoner had been twice at his store and bought some trilling nrticlfs for which hs paid. On, his return from, .uunedin ho found the door s-raintd and one of the windows broken with the appearance ot having bt en auempted unbucees-fu ly to be forced in. The clothes appeared to have been 10-'ked over, but he could not say that anything was misser'. He could nut s-ay what sort of a character the prisoner. bore. By the Prisoner: He should not have suspected the prisoner from what he knew of hiu^ Ke (the ■witness) was in the hahit of leaving his house to go to deliver goods ordered by his customers. The prisot.er called— John Dewe, who said he was resident in the Tokomairiro district, and a member of the Provincial. Council, and had known the prisoner several years, and had never heard anything which would had him to suspect him of dishonesty The jury without retiring returned a verdict of Not Guilty. The following cases are appointed for trial.; to-day, September 22nd :— John Wilkes and Mary Ann Jones, stealing and receiving. John Brown, William Pitfcinau, William Bai.ner. stealing: and receiving. • Alexander Itamsay, James Owen, stealing and receiving. John i)ryer, stealing" from the person. Henry, tforman, nssaulr. ■ .