RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume I, Issue 5, 9 July 1864, Page 4

RESIDENT MAGISTRATE'S COURT.

TIMARU— JuIy 2, 1864 [Before B. Woollcombe, Esq., R.M.] OBTAINING MONEY UNDER FALSE PRETENCES. S. Williams v. T. Doran alias Murray. William Henry Jamea sworn, deposed as follows : I am a Sergeant of Police m charge of the Timani District. On the 17th February last, I received information from Mr. Williams, publican m Timani, that a man answering the prisoner's description had obtained £19 7s. 6d« by false representations, by issuing a cheque without any funds, which cheque had been returned dishonored from Lyttelton. I went to the Bank of New Zealand, Timaru, and asked the banker if he would let me see the cheque ; he refused to do so, or to give me any information, but referred me to Mr. Beswick. Williams informed me he had paid the cheque away to Mir. .Bartley. I went with Mr. Williams to the Bank, and received the cheque handed m. Mr. Williams recognised the cheque as having been given to him by Doran. I saw the prisoner for some clays m Timani, about the sth February last. I saw prisoner leave this on th<> 10th February by the City of Dunedin steamer. Samuel Williams sworn, said : lam the landlord of the Timaru Hotel, at Timaru. I re. member prisoner beiug m my place about the beginning of February last. He was m company with a man who had horses ; he said he came from the south. Prisoner gave me a cheque for £10 signed •• Thomas Doran." I afterwards received a cheque from prisoner for £19 7s. 6d. ; the one produced is the same. I endorsed it. Prisoner said he had funds m Lyttelton Bank, and told me so dozens of times. Prisoner was" a stranger. I would not have taken the cheque, if he had not represented his having funds m the Lyttelton Bank. The prisoner handed the cheque^ to me signed, and the body of the cheque was filled up by Mr. Chisholm, manager of the Bank, Timani. Prisoner said he had been to the Bank. I gave prisoner m change the £10 cheque Ik had previously given me, and the balance m money. I paid the £19 17s. Cd. cheque to Mr. Bartley, storeman at Mr. Beswick' s. I received the cheque from Mr. Beswick at the Bank when ib came back dishonored. By the Court : Prisoner lived with m«. I let him stay at my house, because lie said he had money m the Lyttelton Bank, and lie promised to pay me before he left. He tendered me a cheque of £10, and I gave him some money ac the balance, after deducting my account. 1 don't remember how much. When he gave me the £19 7s. Gd., I gave him m change the £10 cheque, also stopped his account, and gave him the balance, but can't say how much. I know there were some £1 notes given to him. Prisoner 1 stayed at my house about a week. Robert Alexander Chisholm sworn, said : lam agent for the Bank of New Zealand, Timani. I saw prisoner about the sth February last, m the office of the Bank of New Zealand at Timaru. He called and said a certain amount of money should have been sent down to his credit from Lyttelton. I told him it had not come. He afterwards asked me to draw out a cheque fdr £19 7s. 6d. for him. the cheque produced is the one I drew out for him. I can't swear that prisoner signed it m the Bank, buß I believe he did. He gave me his name as Thomas Doran. I made out another cheque for £24 It is frequently done, for me to fill m the body of the cheque to accommodate people. Prisoner came to me alone at first, and afterwards came with another man, to whom he gave a cheque for £24 The cheque for £19 7s. 6. was paid into the Bank afterwards by Mr. Bartley. It was sent to Lyttelton, and returned some time afterwards dishonored. I gave the cheque back to Mr. Beswick to the best of my belief. By the Prisoner : I will swear that you are the person who was m the Bank as previously stated. I never saw you before to my knowledge. I can recognise you by appearance. I hdve had no conversation about your appearance previous to your arrest. By the Court : The cheque produced is marked "no account." If a credit had been overdrawn it wonld have been marked "no funds." I assume by the returned cheque that prisoner had no account m the Bank at Lyttelton. The £24 cheque was sent down to me to ascertain if

1 knew anything about the drawer : this was some time after the cheque was returned dishonored. Francis Bartly, sworn, said :— I am storeman at Mr. Beswick's store. I remember receiving a cheque ior £19 and, I think, 17s. Oil The cheque produced is the one I received ; it was | endorsed by Williams mmy presence. I paid it m to Mr. Berwick's credit at the Bank of New Zealand. The cheque was brought back dishonoured a few days after. The prisoner m defence said that he had been apprehended on a wrong warrant and that he was innocent of the offence. The prisoner was committed to take his* trial at the Supreme Court at Christchurch. Monday, July 4, 1864. [Before H. Belfield, Esq., J.P.] John Delany was brought up charged with norse stealing from Messrs. Thompson Brothers station, Otaio. No evidence was offered against the prisoner, and he was therefore discharged. Tbusday, July 5, 1862. [Before B. Woollcombe, Esq., R.M., Chair man, A. Cox, T. W. Hall, G. W. Hall, W. H Simras, and H. Belfield, Esqs., J.P's.] This being the Quarterly Licensing Meeting for Public Houses, the following applications were disposed of. Charles Thompson, general, for house lately occupied by New Zealand Bank, Timaru — Granted. W. G. Allen, hotel, for Commercial Hotel, Government Township, Timaru— -Granted. John Clarke, hotel, for house at Waimate hush — Granted. Thomas Hursley, refreshment, for house m George Town, Arowhenua— Adjourned for seven days. ltobert McKay, conditional, for house lately occupied by Mr. Henry Wilson, Waitangi river —Granted. The license of the Nugget Hotel, Timuka, was transferred to George Dyson, and that of Simpson's Hotel, Timaru, to William Butterworth, Police v. J. H. Dean. The defendant was charged with not having a light burning outside his house, the Nuggefc Hotel, Timuka, on the night of the 23rd June last. Defendant pleaded guilty, but said he had no opportunity of getting the light placed outside, as there was a distraint m the house at the time, and the things were all taken possession of. Fined Is. Duuand v. Lowenthal & Berlina. — Debt, £11 6a. , for goods supplied to Jacob Lowenthal. Mr. D'Oyley appeared for plaintiff. H. Durand, sworn, said: On or about the Ist of May last I sold Lowenthal a whip and collar, and on the 12th I sold him a set of harness. He kft Thriaru about two days after, with his cart loaded with goods. Two days after he returned m company with Berlina. I did not hear him say that Berlina was his partner. I saw Berlina again on Sunday week, and he told me he was going to pay all Ldwenthal's debts m Timaru : but no one was with him at that time. I heard a conversation between Berlina and Capt. Sutter about a distraint for rent. I also heard Sutter say, " Here is Mr. Durand, another of Lewenthal's creditors," he replied, "I will settle with him, it is all right." He has not done so. I saw Lowenthal's goods packed up on Monday* I then asked Berlina for the money, and he said he would see me on the following day. I went to him ou that day, and he said ** I will have to take care of myself first." By Defendant : T sold the harness to Lowenthal. I entered it m my book to Lowenthal alone. I have often seen Berlina at Lowenthal's before this transaction. Captain Sutter was standing at the door when Berlina promised to pay me. I summoned Berlina because they were leaving the place. About the 2Gth Jauuary last Berlina and another man were staying at Lowenthal's. Lowenthal's name alone was over the shop door. I had no reason to believe Lowenthal awl j Berlina were partners. William Massey sworn, said: T remember Lowenthal leaving Timaru. About two months ago he came back again. A day or two afterwards, he saw he had taken a partner, (pointing j to Berlina). On Sunday- week Berlina told me ] that he wanted possession of Lowcnthars shop and that he would pay the Timaru debts. By Defendant : I have seen a deed of assignment between Lowenthal and Berlina. I did not read it. By the Court : When Lowenthal told me he ] had got a partner it was sometime about the 12th of May. I understood he had taken him m partnership at that time. Captain Sutter sworn, said : lam landlord o* the shop lately occupied by Lowenthal. I seized for rent last Monday-week. I then had a conversation with Berlina about Lowonthal's creditors m Timaru. He said he would pay them all, and amongst them he mentioned the plaintiff.

By Defendant : He said nothing about being Lowenthal's partner. He said he would pay all Timaru debts if I pave him up possession of tlie shop. He expressly said he would not pay any debts out of Timaru, as he was not liable. By the Court: I let the shop to Lowenthal only, and gave him receipts for the rent. lam not aware whether lie had a partner or not. After some further cross-examination by the Court, the case was dismissed. Marshall v. Babrett— Debt, £19 10s. 6cL Mr. D'Oyley applied for a further adjournment in -.this case, but the application was refused. j Williams v. Hodgkisson— Debt-, £19 19s. 64. Samuel \YUliams, plaintiff, on oath, deposed as follows : Defendant stayed mmy house about October, 1860, and his man. The entries m my day-book (produced) are correct. I always had a man to make the entries. Mr. Hodgkinsoii told me it was too late to send m accounts. By Defendant: It was defendant's buliockr driver, a man from the station. I don't kno\y if this account was sent to the Supreme Court^ but I gave it to defendant. This case was dismissed. S. S. Poyntz was brought up, charged with obtaining goods under false pretences from Mr. John Bteswick, of Timaru, and was remanded until Friday morning for further evidence. Friday, June 8, 1864. S. S. Poyntz, who was brought up on remand, was charged with obtaining goods under false pretences. Henry William Felton_, sworn, said : I am a mounted constable stationed at Timaru. I arrested the prisoner by virtue of warrant produced, at Matson and Spencer's station, about seventy miles from the Waimate. I received the receipts produced from Shepherd at Mr. Beswiek's store this morning. By the Prisoner : I understood you had been working for a few days when 1 arrested you. Alfred Fisher, sworn, said : I was m Mr. ! Beswiek's employ on the 28th of April last. I know the prisoner ; he was m the store on April the 21st, 1864. He ordered for himself a bag of flour and a bag of sugar ; for Mr. Shreeves he ordered a"hair sieve, one mousetrap, one bag of sugar, and one bag of flour. He said the last articles were to have been placed to Mr. Shreeves' account. I would not have let him had the articles if he had not said there were for Mr. Shreeves. Itedid not pay for any of the articles. 1 entered the articles m the day-book. I produced the day-book ; the entries are m my hand writing. The accounts are sent m quarterly. I Mr. Shi'eeves has received the account. .Prisoner has been a purchaser before, and was aware it was the usual practice to render accounts quarterly. After the goods were ordered the bullock dray came and took them away. I entered the goods also m the carter's book. A man of the name of Dow, prisoner's bullock driver, took the goods away m his dray. By the Prisoner : I saw you m Mr. Beswiek's store about ten days ago ; some conversation took place between us about these things and Mr. Shreeves'. I was asked if I could name who gave me the order for the goods, but I could not do so at that time. I recollected it by referring to the books. You was m there about a quarter of an hour. By the Court: Prisoner did not pay any money that day ; he had a running account at that time. The reason I would not trust prisoner more than his own order i 3, that he is but allowed so much credit as the whole amounted to. I have been ordered since not to trust the prisoner. The order given, as per day-book, was taken away (luring the time prisoner's bullock dray was at the store. The whole of the order was put down at once, except the words " Poyntz to pay," which was added when the goods were delivered. Poyutz ordered these goods to go by his dray. The order-book entry is m my hand writing. James Shepherd, sworn, said : lam a storeman, lately at Mr. Beswick's store. I think I saw prisoner m the store on the 28th April last. I saw prisoner's bullock driver there. I delivered the goods from the order-book ; one sack of flour ami one bag of sugar for prisoner, and two hundred of flour, one bag of sugar, one mousetrap, and one hair sieve for Mr. Shreeves. Dow got a note from us enumerating the goods. I could not say that he got two notes, but believe he did. The bullock driver signed the two notes produced before the dray left the store. I gave the two notes to constable Felton this morning. By the Prisoner : I saw you m Mr. Beswick's store a few days ago, and there was a conver- 1 sation took place between you, Shreeves, and myself about these things. I said I thought the hair sieve and mousetrap had been lying on the counter some days previous to being taken away. | I asked Fisher who gave him them, and he said he could not recollect, but afterwards remembered. You were m the store about half-an-hour. Fisher was looking at the books one part of the time you were there. By the Court : I serve customers with goods. Prisoner had a running account at that time, I had no order how far prisoner had to be trusted. I should not Have given prisoner credit for the sugar aud flour without asking Mr. Beswiek. Fisher had beeu m the store about two months. I would have given him the goods for Shreeves if he had received them from me instead of Fisher. Shreeves generally sent a written order for goods. Prisoner lias written orders for Shreeves, aud they have always passed current. Shreeves cannot write. I would therefore have received prisoner's verbal order. Samuel Shreeves sworn, said: I am a labourer, residing at the Waimati. 1 know the prisoner. About the 20th April last I gave him no authority to order for me any flour or sugar. About ] that time my wife gave him ten shillings to get a mousetrap and a hair sieve. I have received them. Poyntz brought them a few days after. I have since received a bill ; the one read is the same as was read to me before ; it appears to be the same document. I received my bills quarterly. By the Prisoner : You were m Mr. Beswick's store with me a few days ago. I asked you to come m from the Waimati to set this matter right. Some conversation took place between us and hia clerks regarding this bill. I don't

remember what Fisher answered when he was asked if he could swear who gave the order. Shepherd said the sieve and mousetrap had been lying on the counter for thee or four days. You have brought me two bags of flour nine or ten mouths ago. I would have given you the order as soon as any one else. By the Court : lam not aware that prisoner has ever written an order for goods for me. Prisoner denied to me ever having got the goods. I did not hear him deny it before the clerks. I heard the men say that they went on the dray, prisoner said he knew nothing about them. Alfred Fisher recalled: I Mill swear that Poyntz personally gave me the order for Shreeves as well as for himself. The sugar was., m a mat bag. The same class of sugar generally weighs the same. James Shepherd recalled : Prisoner denied knowing anything about the sugar and flour; lie said he had paid for the mousetrap and sieve. Prisoner said, " I suppose I shall have to pay for J these goods ; but it is very hard upon me, as I 1 never gave the order." Remanded till July 16.

CUSTOMS' RETURN. Revenue collected at the Port of Timarii, for the month ending 30th June, 1864. £ s. d. Spirits . . . 222 9 6 Wines ... 31 10 0 Ale and Beer . . 81 19 0 Tobacco ... 30 0 0 OtherDutiea . . 142 10 4 Total . . £159 610 £or the Quarter ending June 30th, 1864. Spirits . . . 798 18 6 I Wine ... 61 16 0 Ale and Beer . . 31 19 0 Tobacco ... 90 4 6 Other Duties . . 347 5 3 £1330 3 3 For the Financial Year ending June 30, 1564. £ s. cL September Quarter . 960 8 3 December do. . 1450 7 3 March do. . 1613 15 11 vhute do. . 1330 3 3 £5,354 14 8