Local News POLICE COURT.—FRIDAY, Nov. 27.

Colonist, Issue 12, 1 December 1857, Page 2

Local News POLICE COURT.—FRIDAY, Nov. 27.

Before the Resident Magistrate.

Obtaining Goods under False Pretences.-— Stephen Poynts was brought before the Bench on this charge. Mr. Travels, who conducted the prosecution, said he should produce such prima facie evidence as would justify him in asking for a remand until an answer could be received from Auckland respecting the following letter of credit, which had been produced by the prisoner.:—

Auckland, October 4,1857.

Si? —I am directed by Messrs. Woodhouse and Buchanan to inform you that they have received a draft for 5001. from Messrs. Burnett and Wynne, of

Surrey-street, London, to lie placed to your credit; and the same having been done, your draft or order on the above firm for the above amount, will be duly honoured and paid on presentation.

I have, &c,

W. Tuckeii, [Pro Woodhouse and Buchanan, Merchants, Auckland. To S. E. Poyntz, Esq., Nelson.

Mr. Travers wished to call the attention of the Court to the feet that the papers produced by Mr. Akersten bore the same watermark as the letter from Mr. Tucker on account of Woodhouse and Buchanan.

Mr. A. Gr. Betts deposed: A person calling himself Poyntz applied to me for goods on credit from about the Ist of this month down to within a few days past. About the middle of last week I saw the letter now produced in the possession of prisoner. I had previously asked him how he proposed paying for the goods. He replied that several gentlemen were joining him in the expedition, and he wished the orders completed as soon as possible, so that each one might.know the amount of his share. In consequence of rumours I again spoke to him at Sullivan's hotel, and he then had the letter of credit before him, and was writing what appeared to be drafts. I then asked him what provision he would make for the payment, as I had got many things for him for which I required cash payment. He said he was going to get an advance from Messrs. Nicholson ana Ridings on his letter of credit. Last Monday evening I first spoke to Poyntz about giving me money on account of goods supplied. He said he could not give me any then, but that Messrs. Nicholson and Ridings were going to have a sale, and when they paid him on the-following day that he would hand over the money to me. On Tuesday morning I saw him again, and having gone through the accounts I agreed to take back certain goods. About an hour afterwards I again saw Poyntz at Sullivan's, when he produced the letter of credit for me to read, saying it would be all right, for that he would yet get the money from Ridings. I then left and went and spoke to a merchant about, it. An hour tifter IT went to Poyntz and asked him for the letter to show to my friend and convince him that the money was safe. He gave it to me. I gave Poyntz credit on the strength of his statement that Nicholson and Ridings would supply, him with the money. Previous to seeing the letter I had given him credit to the amount of £24 3s. Qi., and had delivered the goods; and after the pretence of his getting money from Messrs. Nicholson and Ridings, I let him have slops for his crew to the amount of £13 19s. Cross-examined by the prisoner t Yon did not hesitate to give me the letter of credit'when I asked for it; aiid I 'promised to return it in five minutes, but did not do soi By the Court: I didjnot ask for an order on Messrs. Nicholson and Ridings, because they said they knew nothing about him. By the Court: When did you .firstlearn that Messrs. Micholson and Ridings woxild not honour the prisoners order? When he first mentioned their names I went and asked, mid they laughed at the idea; but the men had had the goods before this.

William Akersten, sworn, • said: The three papers produced were given to me by the prisoner. I saw him write two of the documents, Nos. 3 aiid 5^ and I have every reason to believe that he wrote the other; (these papers we're bills of ex^ change, drawn upon Woodhorise arid Buchanan.) George Hidings, sworn, said: I am partner in the firm of Nicholson and Ridings. The prisoner had no credit with our house; ne had no money at all to receive from us; I did not promise to supply him with any. I know Messrs. Woodhouse and Buchanan, of Auckland, and have seen the letter you produce, purporting to be from them. It was the prisoner who showed it me, as a document on which lie wished to draw upon our firm. He asked me to cash drafts upon Messrs. Woodhousc and Buchanan, upon the strength of that letter, but I declined. lam in the habit of seeing various handwritings, and think that' the several documents now produced were written by the same person. . By the Court: We correspond with the firm, but I do not know of any one in their employ of the name of Tucker

By the Prisoner: .Did .you not tell me you had a sale in a few days, and that then you would purchase my drafts I I did not. - I said I had goods on sale from Auckland, and that 1 might possibly want drafts; but I did not say I would buy yours, for I looked upon your letter as a very irregular one; in fact I- looked upon it as a thing with which we had better have nothing to do, although, certainly, I regarded the letter in a different light to what I do now.

John Alfred Langfordj sworn, said; I. am a merchant, and reside at Auckland! I came here by the Spray, she \ left . Auckland on the 21st October. I know. Messrs. Woodhouse and Buchanan, of Auckland.. I am in. the .habit of having frequent intercourse with .them, and frequent opportunities of knowingthe.people in their employ. On the month of October last, the name of their chief clerk was King.- I know no one in their employ of the name of Tucker. By the Court: I have frequently been to Messrs. Woodhouse and Buchanan's,' and never saw any clerk there except King. These documents are not in his handwriting, nor in the handwriting of any of the members of that 'firm.' There is but one man in Auckland within my knowledge who can write like this, and his name is Brown. In my opinion these documents have every appearance of being written by the same person. Mr. Travers said this was all the evidence he proposed bringing forward at present j and he would therefore ask for a remand until such time as it was possible to hear from Auckland. • The prisoner was remanded until the 7th, December, next.