PRESENTING VALUELESS CHEQUES.

Stratford Evening Post, Volume XXXI, Issue 57, 21 October 1911, Page 7

PRESENTING VALUELESS CHEQUES.

YOUNG MAN GIVEN A CHANCE. James Alexander Smyth, a young mail, appeared on remand at the Magistrate’s Court yesterday charged with having on September 11th obtained goods and money to the value of £3 10s from John Henry Burmestcr by means of a valueless cheque and also ‘ with having obtained v£2 in cash from James Hunter, hotel , manager, Marion, by similar means. <i On the previous sitting day; Smyth, for l whom Mr Malone appeared, pleaded guilty to both charges. 'dn ektenuation of accused, Mr Malone said he; had drawn the cheques under the belief that before they were presented he would have earned enough money to meet them and that he was under the impression that the cheques, if dishonoured, .would be returned to him before criminal proceedings were taken. Mr Malone further mentioned that although accused was an undischarged bankrupt, having failed while in business in Hamilton, as a builder and contractor, he had made payments to the Official Assignee which were equivalent to paying his creditors 20s in the pound. The S.M. (Mr Een- ; rich) said lie did not desire to send accused to gaol for a first offence, and the case was adjourned for a week to enable enquiries to be made from tbs Official Assignee as to what accused had done in the way of paying his creditors, the S.M. intimating that this information would influence his decision. This morning Sergeant McNeeley stated that the Official Assignee would substantially corroborate the story of accused. Accused had said he had given the Assignee' orders on commission due to him aggregating about £7OO. The Assignee stated that he had received the orders, but had only received £4O on an order for £95. Two of the orders were in respect of laud deals Which had not been completed, ; the commission, therefore, not being due. ~, ( i The S.M. said he had looked into the report received .from the Assignee, and was convinced that there was not the criminal intent which "might appear on the face of it, but that accused had actecHn a very foolish manner, haying incurred expenses in order •to earn, commissions instead of .waiting xihtil' he collld pay his way. The correct course was fpr accused, to have arranged to get a weekly allowance from the Assignee to enable him to cafrv on, instead of paying the whole of the money, to the Assignee for the creditors. To do as accused had done was gambling. Accused would be convicted and ordered to come up for sentence when called upon on condition that he refunded the money received on the cheques before December loth. Accused stated that he had just earned a commission of £65. The S.M.; I advise you also to pay any other sums received in a similar manner.