CITY POLICE COURT

Otago Witness, Issue 3489, 25 January 1921, Page 7

CITY POLICE COURT

3londay, January 17. (Before Mr J. R. Bartholomew,. 5.31.) Husband’s Prosecution Fails.—Elsie Shaw was charged with, on May 31, 19ei/, forging a cheque for £3 15s in the name of Angus Shaw, on the Bank of New Zealand at Roxburgh; and also with causing Ernest Ebzery to act on this document as if it were genuine.—3lr C. J- L. White appeared for the accused.—Chief-detective Bishop explained that the summons bad been issued at the instigation of accused s husband who wanted a warrant issued. They had only recently been able to find out defendant’s address in order to serve the summons on her. They had sent notice to the husband, but apparently it had not reached him yet. The Chief-detective suggested that they should' take tee evidence of the bank manager at Roxburgh and then adjourn the case to enable to be present—Mr White opposed the adjournment stating that tno Cniet-detectne i;ad ready all the evidence lie could legally call. He thought when his \\ orship had hea'-d the story” he would be satisfied that the husband had acted in a fiendish manner. The police had refused to take the case up when he went to them Mrs b-haw was under the impression that ner husband was keeping out of Dunedm. Ihe case was proceeded with, and the Chiel-detec-tive called Ernest Ebzery, proprietor ct the Occidental Hotel, in Manse street, who said accused had stayed some time in his hotel in May, 1920. She called at his office on 31ay 29" and filled in a cheque which she signed “A. Shaw,” and harmed him as payment for board. On 3lay 31 she tided in another cheque in a similar way far £3 15s, again signing “A. Shaw. He paid the cheques into the Bank of Australasia, and they were returned marked Signature unlike,” When he spoke to accused she said the manager would not know her signature, and that her husband had given her one of his cheque books. Eventually (he husband paid the cheques—lo Mr White: Both cheques were for board payable in advance. She went to the Hospital three or four days later.—Charles Edward Graham, manager of the Bank of Nesv Zealand at Roxbugh, said that in May last Angus Shaw had an account m his bank at Roxburgh. The two cheques produced were taken from a book issued to Angus Shaw They were both received from the Dunedin branch on .nine 2 Witness returned them, “Signature tmliae. . H ‘ "“ s acquainted with Angus Shaw s signature rnd lie would say that on these cheques no attempt had been made to copy it —1 e Chief-detective said he did not see that ho could carry the case any iuituei -I White submitted that it should be dismi scd. The whole of the circumstances were consistent with the accused s inn°ctmce. —The 3lagistrate raid the c.rcum stances were certainly most except,onal, ami he had no doubt as to what would be ih e attitude of the jury if he were to send the case on for trial. There was no concealment, and no attempt to imitate the husband's signature, and everything was consistent with accused’s innocence. He dismissed the information and discharged the accused, refusing the Chief-detective s application that her husband be made to pay witnesses’ expenses. Wednesday, January 19. (Before Air H. Y Widdowson, S.M.) Stolen Cheque. —Arthur Middleton Leggett (3ii Neill) pleaded not guilty to stealing a

cheque for £ls 7s 6d, the property of Elizabeth Roulston, Milburn.—The complainant gave evidence that on October 22 the accused, who came to her place with groceries, was given a cheque to cash, and he said it would be all right. She never received the money from him. —Mary Ann Hanson, daughter of complainant, stated that she personally handed the cheque to the accused. —Hendriqjc Hanson, husband of the last witness, also gave evidence, and Percival Stevens stated that he cashed the. cheque.—The defence was that the accused paid Hanson the money while at a party at in his house.—The accused, in the witnessbox, told a lengthy story incriminating Hanson. The only other evidence was given, by Robert Taylor, who, questioned by the Magistrate, said he knew' Hanson better than ho knew the accused, and knew him to be a respectable and trustworthy man.—Tho 3lagistr.ate discredited the story of the accused, and sa d that if he had his deserts he would be put in prison for reformative treatment. He decided, however, to admit the accused to three years’ probation under the terms of the Probation Act, 1920, the accused to refund the money, and a condition of the probation to be that nonpayment of debts would be deemed to bo “not of good behaviour.” Committed for Sentence.—John James Stubley pleaded guilty to four charges of breaking and entering and theft, the first involving the sum of £7 10s from the City Hotel, the second in respect of two bottles of brandy, the property of Thomson _ and Co., the third the sum of £lO from a private dwelling, and the fourth the theft of articles of clothing from A. and T. In glia to the total value of £3O 5s. —Samuel Dunn, licensee cf ihe City Hotel, said tliat the accused was formerly employed by witness as a porter, and had a good knowledge of the premises.—Evidence as to the arrest and examination of the accused was given by Detective Palmer, and signed statements admitting the thefts wei’e put in.-—The accused was committed to the Supreme Court for trial. £SO Fine for Bookmaking.—Leonard Gordon Davis pleaded guilty to a charge of bookmakinc. —Sub-inspector Murray said that at 9.25 p.m. on Friday. Sergeant Murray saw the accused standing in the passage of tho Grand Hotel showing a book to another man. Tho accused, when spoken, to. admitted that he was doing some bookmak'ng. He was 21 years of age and had been engaged as a hotel porter. He admitted making a double chart.— A fine of £SO was imposed, with costs (7s), in defamt three months’ imprisonment.