RESIDENT MAGISTRATE'S COURT. Tokomairiro.

Otago Daily Times, Issue 2003, 1 June 1868, Page 5

RESIDENT MAGISTRATE'S COURT. Tokomairiro.

Thursday, May 26th. (Before J. P. Maitland, Esq., 8.M., , John Dewe, Esq., R.M., and Messrs J. Xi.'Gillies, James Adam,' and James Smith, J. J». 's. Hugh Miktastcr -was charged with having forged the name of Adam Duff to a Bill of Exchange for L 27, dated 2nd May, 18G8, with intent to defraud the

Bank of Now Zealand, with whom the accused had discounted the Bill Mr Macaasey prosecuted for tho Bank authorities, and Mr W. D. Stewart dcfen. led tho prisoner. Tho following evidence was taken :— Alfred Jones, examined by Mr Mocassey : I am Manager of Bank of New Zealand, Tokomairiro. 1 know tho accused. He carries on business at Tokomairiro in partnership with Wm. Longhurst. He kept a separate account with the Bank of New Zealand here. When he opened his account, I took his signa ture in the Bank Signature Book, upon which his cheques and bills were to be paid. 1 cannot recollect if this signature was signed in my presence. Cheques with this signature were paid. I know this to 1 o his signature. The Bill of Exchange put into ray hands, for L 27, is drawn by Hugh M'Master upon Adam Duff, settler, Wnihola ; it is dated \Yraiholn, 2nd Mny, IBGB. The signature of M'Master, ao drawer, is tho same as tho signature in the book. No other person of the name of Hugh M 'Master kept an account at-the Bank. The bill is endorsed by Hugh M'Master. The accused brought it to me to be discounted on or before the Bth May inst. • It was discounted on that day, and proceeds, L2(#9s Cd, placed to hiu credit. The account was not drawn upon since. There is a debit t alance asrimisl the accused of LGO 11s Gd. Before tins bill was loft for discount, I had requested tho accused to reduce his account. I can't say if any of his cheques have been since dishonored. Cross-examined by Mr Stewart: lam well acquainted with the accused for six years He has been a steady and industrious person. He is a bad penman. I cannot say if tho body of his cheques were filled up by himself. He left the bill himself. I cannot Hay whnt tiino of the day it was. He aftked me in Bank parlor to discount it. I have often seen accused write his name. Ido not recollect seeing him write more than his name * Edward Campbell, examined by Mr Macansey : I am accountant and teller to the Bank of New Zealand, Tokomairiro. f know tl.e signature of the accused Hugh M'Master. I have seen him sign his name, and have honored cheques signed by him. Tho signature of drawer and endorser of this bill are in the accused's handwriting. Cross-examinedbyMrStcwari: I did not observe whether the body of tho cheque.! were in tlio handwriting of accused. Cheques of his were dishonored. Adam Duff, examined by Mr Mactittscy : I am a settler, and live at Waihola. Then; is no other person of tho name of Adam Dufi a settler at Waihola. Tho signature " Adam Duff" to tho acceptance produced is not in my handwriting. Cross-examined by Mr Stewart: I recollect being in M'Master's shop abnu' three weeks ago. I recollect seeing Booth and James Capstick there. Ido not rccollo-t saying to them I intended taking a trip south. I talked of taking a farm at Tokomairiro. I intended doing so at that time. I offered a bullock for stle to M'Master. I had other cattle. Never asked M'Master if ho could get me some money upon a bill. He never said tome, "Come, Adam, let us settle this little business now.'' I did not, within the last month, go into tho shop to write anything, except a cheque for L 2 for M'Master ; it was between 9 and 10 in tho morning; it was the only thing 1 wrote. Ho asked mo to do ho. I never saw accused write more than his own name; ho is a poor scholar, nnd a bad penman. I had an interview with Mr Jones on 15th.May. Saw.aocused on noxt day. I was recommended by Mr Jones to keep quiet. I did not like to expose the affair. Did not mention it to accused : he came to me and mentioned it. I did not apologise to him, and say I did not like my father to know. I went South, as far as tho Molynoux, about two months ago. . I did not receive 10s from the accused to go to the Forester's Ball— I only 2s Gd. Ido not think tho accused wrote tho signature, " Adam Duff," to the acceptance. I did not Bay to. accused that, if I adhered to my statement to Mr Jones, ho would get 12 years. He wanted mo to go to Mr Jones and say I had made a mistake. I said I would not do co if it was for my own brother. Ho then said he might get 12 years for what ho had done. Sergeant Weidner, examined : I am Sergeant of Police, stationed' at Tokomairiro. I know the accused.. I arrested him on 22nd inst, on a charge of forging Adam Duffs name to an acceptance. The accused made an appointment, and I met him at the place named. Tlie accused was cautioned in the usual way, and made tho following statement :— When I saw Mr Duff at Waihola on Monday morning, ho told me that when Mr Jones asked him if ho had endorsed any bills, he had said No,, as it was in the presence of his father and Mr Smith. I then asked him whether he was going to hold that ho had or had not signed the bills, ho said, " I don't know how I could now say I had signed," beeauao he had said he bad not signed them in the presence of three witnesses. He also said ho was requested to say nothing about it. He was at Tokomairiro on Friday night and Saturday, and- never mentioned it to me. The following evidence, in defence, was taken — Wm. Booth, examined by Mr Stewart : I was in tho employ of Longhurnt and M'Master. I have known Adam. "Duff for about eight months. Ho used to frequent the shop when he came to Tokomairiro. He was intimate withM'Master. I recollect seeing him in tho shop about three weeks ago, on a Mond'iy morning. I heard M'Master say to Duff: "Now Adam, lot's do that little businosa now." They went to tho «hop together. I can't swear that I Baw Duff Avrite; he went to tho desk. I don't know what for. Duff was generally short of money ; wh"n he came in, he came to us. He onco borrowed 3s from, me, it was to go into a raffle for a piano. T have seen Buff play " Yankee grab ;" no borrowed 16s from Johnny Capstick, that night. I recollect the Forester's Ba'l. Ho said ho had no money, and I "beliovo ho borrowed 10s from M'MaateY. T was in tho ha 1 it of taking bills tv the Bank. I did not know for what purpose. I ga,v£ no instructions concerning them. * The witness was here requested to sign the name of Adam Duff on three separate pieces of paper, which were handed to tho Bench, and were attached to the depositions.

I JohnCapstick, examined by MrStowart: I 1 reside at Tokomairiro. I have been in | the employ of Longhurst and M'Miistor. I know Adam Duff. I asked him, about a month ago, why ho did not take isomo money with him and buy and sell cattle i He answered, " Perhaps I will, some day, when I got settled." He borrowed some money from mo about three weeks ago topiny "Yankee grab" with. Duncan M'Kellar : I am a ploughman. 1 saw M'Master lend Duff money "to play " Yankee grab." I can't say how much; perhaps 10a. j Their Worships retired, and on returning, announced Ut.it the Court was of opinion that &primaf<tcic case was made cur, and committee! the accused for trial at the ensuing sessions, reserving tho question of bail until some furthorcharges were dispoßcd of on tlio following day.