ALLEGED FALSE PRETENCES.

Stratford Evening Post, Volume XXXI, Issue 50, 13 October 1911, Page 6

ALLEGED FALSE PRETENCES.

A BANKRUPT’S LAPSE. A young man named James Alexander Smyth, for whom Mr. Malone appeared, was charged with having, on September 11th, at Stratford, obtained goods and money to the value of tdJ 10s from John Henry Bnrmestor, by means of a valueless cheque, and ilf.o with having on September 2Gth, it Marten, obtained £2 in money from James Hunter by similar moans. Accused pleaded guilty to botlv •harges, and elected to lie dealt with summarily. Sergeant McNeely stated on >'■ ptorn her 11th accused wont to the New Zealand Clothing Factory’s simp and purchased a pair of riding breeches md a pair of socks, tendering a c'hcqne for £3 10s in payment. When iskod by Mr. Bnnnester to prove bis bona Ikies accused referred him to a number of well-known citizens, and is.sured 'him that the cheque would be paid. Accused was an undischarged bankrupt, and had handed his bank account at Hamilton over to the Official Assignee, and ho had no account in the bank now. It was stated that several other cheques had been issued by accused, but that proceedings would not he taken in respect of them. Mr. Malone said accused was a single man, and had become bankrupt while engaged in Hamilton as a builder and contractor, after which ho took up the business of land agent. Since ais bankruptcy lie bad earned several commissions for largo amounts, which bo had devoted to paying bis credit-

ors, and these payments, counsel was instructed, reailv amounted to a payment of 20s in tiie £. Accused came to Stratford in connection with a land deal, and iound himself short of cash. He gave tiie cheque to Mr. Burmester in tiie belief that before it was presented the commission from the laud deal would he available. He did not earn this commission, but was afraid to make a clean breast of the affair to Mr. Bunncster. Then accused went to Alarton in connection with a further land deal. He-was again short of cash, and again passed a cheque, lie thought the commission on that sale would lie available to pay both cheques,, hut it was only payable last Wednesday, and accused unci been arrested on the previous Saturday. Accused presumed that.the cheques would, lie returned to him before criminal proceedings were started. Ho assured counsel that ho had only issiU.-d one other cheque, and that this- I had been returned to him. in that manner. Counsel asked for 'probation for accused on the understanding that he repaid the amount received on the cheques. The S.M. said the matter o“ passing valueless cheques was oecorning very serious in the district, a large number of cases having to be dealt with. Tradesmen seemed to continue to take cheques from strangers in spite' of the number of times they have been victimised. He (the S.M.) was desirous of putting down the passing of valueless cheques, and, except; in special cases, would order imprisonment for offences of the nature. He would always give a man one chance, as ho-knew the disadvantages l attaching to a man who lias served a term in prison, hut after the first chance had been given ho would order imprisonment.. At tliis pnipt the case was ad journqd.UU tfio. afternoon to enable enquiries, .to ,1)8 made from the Official Assignee in, Hamilton as to the exact position of, accused. On , the,-.case being resumed at 2 o’clock Mr,. Malone explained that .he had not yet had a reply to his telegram, owing to it having been sent co Hamilton instead of to Palmerston. A. remand for a week was granted, in oi'der to enable the police to get a,full report regarding the position of accused as regards accused’s bankruptcy. The S.AI. said that if it was found that accused had been making an endeavour to pay his creditors lie would bo disposed to give him a chance, hut if his affairs were not satisfactory he would order a term of imprisonment.