CITY POLICE COURT

Otago Daily Times, Issue 6740, 21 September 1883, Page 4

CITY POLICE COURT

TnuEBDAY, September 20. (Before I. N. Watt, Esq., R.M.)

■ Drunkenness.—One person, a middle-aged woman, was fined for drunkenness. False Pketknoes. — Robert Angus was charged with having, on tho 15th inst., obtained by false pretences the sum of £2 7s from Patrick O'Brien.—Mr Denniston appeared for accused, — Informant, the licensee of tho Munster Arms Hotel, Walker street, deposed that the accused was a boarder in his houso. He represented himself ss second manager on Mr Menlove's station at Oamaru, with a salary of £104 per annum. Accused gave him a cheque on the Union Bank at Balclutha for £2 7s as payment for his board. This amounted to £1, and witness returned'him £2 7s, keeping the balanco for board. The word 'bank" witness subsequently discovered had been crossed out of the cheque, which read "Union of Australia, Balclutha." On presenting tho cheque at the Union Bank, Dunedin, witness was told there was no such bank at Balclutha, where tho cheque purported to, be drawn.— Mr Dsnniston said that he could prove that Mr O'Brien would havo bsen paid the amount of the cheque, but tho police had prevented a settlement.—His Worship: Unless there is something definitely fraudulent I don't think it is a case the police should promote—Detec: tive Henderson: The police have no feeling whatever. Perhaps you will hear the evidence out.—His Worshiposuffiested that the prosecutor should promote ma own proceedings.— Mr Denniston said that if the case,were dismissed in the meantime and the prosecutor wished to take further proceedings he could do so.—Detective Henderson s Perhaps your Worship will hear the evidence, and see whether: the police have taken a proper course.—His Worship: I don't say the polico are put on their trial in any shape or way. The question appears to mo one of the prosecutor having been fraudulently deprived of £2 7s.—Detect tive Henderson: That is precisely the case, your Worship. Prosecutor sought the assistance of the police, and put the law in motion.— Mr Denniston urged that the prosecutor could not have been deceived. The document was a crossed cheque, and prosecutor.had not endeavoured to pay it into his' account.— Detective Henderson: I would : respectfully say that the glaring evidence has uot come oat, yet. Your Worship will be able, to judge of' the false pretence after'the evidence of the" I next witness has been heard.—His Worship:] That may be very true. But the cheque is drawn on a branch of the Union Bank of Australia at Balclutha, and there is no such place, as I understand. Tho accused must be charged with presenting a cheque where he had no funds, and on a place where there is no bank. I suppose it amounts to a false pretence that the accused had an account somewhere.— Mr Denniston : With the Union of Australia, Balclutha(a non-existent place).-^-His Worship: It is afalse pretence in this much: the representation that he had an account at a nominal or non-existent bank—Mr Dennistou: Supposing it had been on the " Bank of Elegance, could '• it have beeu treated as a false pretence?— j His Worship: The question [ have to decide is whether it is an indictable offence—whether ! or not there is prima facie evidence of a false j pretence—George Miller Shand, clerk with Mr ' Fargie, wine and spirit merchant, stated that oh the 15th inst. the accused asked him to fill in a cheque for him for £3 7s. Witness took a cheque and filled it in for him, in accordance i with accused's instructions. Accused ' then signed it, and requested witness to. canli the cheque. Witness replied that he had not the money in the safe, and accused took the cheque away. The cheque produced was the same. The word " bank " had since been obliterated from it. — Cross-examined: Witness crossed the cheque without instructions. —Alfred Giller, clerk in the Union Bank of Australia, Dunedin, stated that there was no branch of the Bank at Balclutha.—Detective Henderson stated that the accused surrendered him-" self at the detective office at 10 o'clock that morning. On the warrant containing tho present charge being read over to him, the accused said : When I came into Dunedin a little over" a week ago I had £23 in my possession, which I earned at harvesting at Mr Patterson's, in the Oamaru district."—Cross-examined : When he came into the office he asked if there was any charge against him.—This was the case for tho prosecution.—Mr Denuiston asked what was the false pretence alleged. There was no such bank in existence as the Batik of Australia, Balclutha. Publicans, he submitted, were not sufficiently careful in taking cheques.— His Worship : I am afraid you must take the case on the technical point; but the accused will not leave the Court without a stain on his character. The accused is discharged.