RESIDENT MAGISTRATE'S COURT. THURSDAY, JUNE 22nd, 1865.

Colonist, Volume VIII, Issue 799, 23 June 1865, Page 2

RESIDENT MAGISTRATE'S COURT. THURSDAY, JUNE 22nd, 1865.

Befobe J. Povntee, Esq., R.M.

Chaege of Obtaining Monet under False

Pbetences,

John Ellis, of Trafrtlgar-9treet, auctioneer, <fee., was charged with having obtained from Messrs. Wilson and Richardson, drapers. Bridge. street, the sum of ;£5, on Saturday last, fradulenlly and with in ent to cheat, <vc.

Mr. Kingdon f»r the prosecution, and Mr. Pitt for the defence.

John Moore Richardson, sworn: lam a draper carrying oii business in Nelson. I have known the prisoner some four or five months. He sontltiir i warehouseman to our shop on Saturday nigh', and ' asked me to casli a cheque. The date was Saturday, the 17th instant, and ihe amount £5. I knew the signature on the cheque to he defendant's. It ii was lietween six and seven o'clock at night, after hanking hours. We cashed the cheque (now pro- > duced, and marked A) with a£s note. Oo Tuesday morning we presented the uheque .atnthe Bank upon which it was drawn (the Bank of New.;. South Wales), and the answer was "No fundV' i. and it was not paid. Tlie reason why it was not -; presented on Monday was because we do not usually bank on that day. The Magistrate: Who presented the cheque to you ? Witness: The cheque was brought by the storeman. ..■-■•;-" .■;■' . - :--x..y-X0

Evidence continued : On the Tuesday I saw the defendant, and he said he knew -what I had come for. He made the remark first to me. He said, "About that cheque—call on me after dinner and,; I will pay it." 1 called after diWer, but he failed;, to pay it. '0. YY-XYX Cross examined by Mr. Pift: I did not see the^ defendant on .Saturday. It was between ten ariai eleven on Tuesday morning tliatf I wdwJhlm.. ,/H#D gave no reason wliyit had not been paid. .H0 said; ** if yotill come for it, I'll pay it after dinner." I saw him after dinner ou Tuesday. I saw him in the street, and followed him into the Wakatu Hotel, and demanded the mbney. John Lethbridge Dalbedyhim, awotti: I am accountant at the Bank of New South Walea. The defendant was in the habit of banking at oar bank. On Saturday, the 17th tifjune, he had ao account at the Bank; lie had funds. The cheque produced would not have been paid ou Saturday or the following Monday. He had not funds to the amount of £5- I believe the cheque was presented about two daysago. " Cross Examined by Mr. Pitt; Cannot say whan defendant's Pass Book was made up. I have no knowledge of a cheque for £30 having been presented and paid lately. The Batik book would show if such a cheque, had been paid. Mr. Pitt said he would require the Biink books to show this.

The Magistrate i'Thiat would be an unusual Own*. The evidence here of a clerk should be ■tifltclent.

Mr. Pitt said that would be equally satisfactory. The Magistrate: What do you want to show? Mr. Pitt: I wish to prove that a cheque for £30 was paid by the Bank. Mr. Ellis had given it to a person who presented it, and it was marked "not sufficient funds," but subsequently it was pre* sented and paid. Mr. Ellis not being aware that it had been presented the second time.

A remand was then granted until Friday. Mr. Pitt asked for bail to be taken.

The Magistrate said he heard there was another case, after which he would decide whether he would accept bail.