A LOST CHEQUE.

Poverty Bay Herald, Volume XLVI, Issue 14841, 19 February 1919, Page 7

A LOST CHEQUE.

CHARGE AGAINST YOUTH DISMISSED. At the Magistrate's Court, yesterday an interesting case m regard to a. lost cheque Avas investigated fby Mr J. S. Barton, S.M. John Alexander Jowers iwas charged with the theft of a cheque to the value of £30, the property of R. Berry, about December 25. Mr T. A. Coleman appeared on behalf I of accused. I Reginald A. Beriy, manager of Huanui station, Tolaga Bay, said accused was employed on the station until December last. Before leaving witness gay© him two letters to post; one was addressed to his father, John Berry, at Oamaru, and contained a cheque (identified) for £30, on the Union Bank. Auccused did not know the letters contained a cheque when he was given them. In consequence of what he heard about th© end of January he reported the matter to the 'police. H© was certain ho placed the cheque m the Jetter and sealed the envelope, lie gay© no authority ta accused to cash the cheque. — To Mr Coleman. Witness did nob say what the letter contained. When witness heard th© letter had not arrived he made enquiries at tiie baaik, but learned that it had been cashed. George E. Berry, brother of the previous witness, said he was employed , at Huanui station xip till last month. Accused was on the same station. Witness drew out the cheque, but did not cash it. He did not see the cheque after returning it to his brother to send away. John Berry, manager of the Bristol Piano Company, Oamaru, father of the two previous witnesses, said he never received the cheque. Leo Doherty, licensee of the Coronation hotel. sa:d the cheque m question was cashed at the hotel on January 4th, and paid into his account on the 6th. Witness was unable to say by Avhom. it was cashed, • Detective McLeod said he interviewed accused m reference to the letters at 7.30 p.m. on the 9th. Witness said, "What did you do with those letters that were given you to post by the manager of Huanui station?'' He replied, "I hay £ got it here among tliese papers." Witness said, "The letter : I am looking for is not amongst those." !He said, "It must be m my other clothes." 1 Accused denied opening the | letter and taking anything out of it. ! After further discussion about the matter he said he must have lost the letter, as he did not remember seeing anything of it after leaving; the station. 'When informed that he would be arrested ona charge of theft he remarked, "I know nothing about it — I never cashed it." — To Mr Coleman : Witness' first impression was that accused's action was consistent with innocence, but his subsequent actions were not. X Co'eman contended there was insufficient evidence to warrant a committal.^ Although accused had the sealed envelope- m his possession there was' no evidence a&. to conversion of the contents. The'tatftvas nothing to show who cashed the ch'e^tWL or who presented it at the hotel, and 'n^evidence failed to connect accused with the. theft. The evidence submitted was *coiteis.tent with accused's story that he lost tli_' v eheque. His Worship said the prosecution" had shown that th© letter was placed' m his care. The next stage wa« that the cheque was cashed and th© letter was destroyed. He would like to hear accused on the matter.' Mr Coleman said he would call accused to give evidence. John Alexander Jow-ers, accused, eaid •he was a packman on Huanui station. Witness left' there on Christmas Eye with £12 10s wages. HHre r rem©mberedBerry giving him two letters to' postHhe previous night. ' Witness left the station about 5.30, and Teached Gisborne that night. He had his horse shod at Te Karaka, and rode to liis parents' residence. He cashed his own cheque for .shoeing the horse. He earned the cheque m his pocket 'book. He changed his clothes m Gieborne that evening. When h© arrived m Gisborne he had £12 0s 6d. H© gave his mother about £6 and kept the rest . for ' himself. On Boxing Day he Avent for a picnic to tlie Ho'.e-iii-the-wall, and he 'believed on that occasion he Avore the coat which he had oh when leaving Huanui station. During the holidays he just about spent the balance of his cheque. He did not visit any hotels, and had never been m the Coronation hotel m his. life. After tlie holidays he went to Tolapja Bay and then Tokomaru Bay. He left Gisborne on the Salurdav after N-qw Year; lie Avent on horseback. He left about ST a.m. on tho morning of the 4th. Wh^e at Tokomaru he earned' £7 lOs^i a, fortnight. When the detectivejg^oke to him oh the. wharf ho had fo/rgotten all about tho letters. The QWuy reason ho could .ascribe for th© losjf of the cheque was tliat it must hava^allen- out of his pocket. * / To Detective Mcjkeod: H© Avas sure Mr Berry gavejhfim the letters the previous night Ab post. Ho cashed his ■cheque with" a [blacksmith named McMillan a.t Te Ivaraka. His Worship said from accused's statement on top of the incomplete police evidence, also the categorical description of hi*?"' movements, it was quite clear the case had not been made out, and the information was dismissed.