MAGISTERIAL.

Timaru Herald, Volume LVIII, Issue 1767, 30 May 1895, Page 3

MAGISTERIAL.

.» . TlMAßU— Wednesday May 29th. (Before Captain Sutter and D, Stuart, Esq, J.Ps.) DRUNKENNESS. A first offender was dismissed with a caution. LARCENY. Henry Cook, charged with drunkenness and with stealing fowls, was dismissed with a caution as to the first charge, the second being adjourned till to-day. CIVIL CASES. Judgment by default was given m Begg and Co. v. Gourlay and Stokes, claim £2 9s 6d, "costs 6s ; E. Holland v. H. Currie, 16s Id, costs 7s ; S. Morrison v. R. Hughes, (Mr Perry for plaintiff;, claim £9, (less £4 10s paid), costs 15s. M. Salek v. J. Thompson, claim £5 198 6d, dishonoured promissory note for £3 3s, dated 15th October, 1893, and an 1,0.U.f0r305. Defendant denied this debt, on the ground that he never received any consideration for the note. He cross-ex-amined the plaintiff as to the circumstances under which he obtained the note. It had not, as defendant wished to show, anything to do with the pledge of a theodolite, but for cash lent. Plain-' tiff swore that it was a different .transaction. The instrument had been pledged three times. Defendant asked why, with this claim remaining, plaintiff telegraphed to his wife to release his instruments for £10 10s, and clear everything. Plaintiff said he advanced £6 15s on the instruments, and eleven months after principal and interest amounted to £11 148. Mrs Thompson came to release the things and offered only £10, and then. £10 10s. Mrs Salek wired to him at Wanganui, asking if she should accept the £10 108 for the release of the articles, and he replied that she could. Defendant said he had never received any consideration for the promissory, note, and he asked the Bench for an adjournment to enable him to obtain a solicitor's assistance. No objection was raised and the case was adjourned for a week. Several cases called had been settled, or were struck out for non-awearance. A case N.M. and A. Co. v. T. Thornley (Mr C. Perry for plaintiff) was adjourned for three weeks, and three judg T ment summonses were adjourned for four weeks. GERALDINE— Tdebday, May 28th. (Before Messrs W. S. Maslin and 3, Jobberns, J.Ps.) I A STRAY BULL. George Winter was fined 5s with costs for allowing a bull to wander on the railway line near the Rangitata station. The stationmaster stated that the engine driver of the express just slackened down m time to avert an accident. CIVIL CASKS. Judgment by default for plaintiff for amount claimed with costs was given m the following cases : — N. Dunlop and Co. (Mr F. Wilson-Smith) v. A Exley, claim £7 14s 9d ; same v. Joseph Bloomfield, claim, £2 8s 6d ; same v. F. Roberts, claim £4 5s 7d ; same v. David Ennis, claim £14 17s 4d. In the case of Dunlop and Co. v. .Wil-i liam Ford, claim £4 Is 3d, goods-sup-plied, defendant put m a counter claim for three tons of potatoes at 27s 6d per ton, which he stated were sold to Mr Dunlop m June, 1894, put up m his (Mr Dunlop's) bags.but not taken delivery of. Plaintiff admitted that there had been some talk of taking out defendants' account m potatoes but nothing further was done m the matter, and he had not sent bags to defendant for potatoes. Plaintiff had bought several lots of potatoes m June 1894 and paid 27s per ton for them. Judgment Avas given for plaintiff with costs for amount claimed. With respect to the counter-claim Ford was nonsuited, to give him a chance to bring the case on again with evidence, the summons to be issued within 48 hours. Mitchell and Turner v. W. Fordclaim £3 13s 7d, balance of account due for goods supplied. Judgment for plaintiff with costs, less 18s 9d interest disputed by defendant. ALLEGED FORGING AND UTTERING. Algernon Percy Mitchell was charged with forging a certain cheque on the Union Bank of Australia at Blenheim to pay A. Mitchell the sum of £10 sterling, purporting to be signed by one T. Fowerler, and did utter the same on April 10th 1895 to John Moore Morrison, Peel Forest, with intent to defraud. Mr Play appeared for accused, Sergt.Major McDonald conducted the case for the prosecution. Jolin Moore Morrison, member of the firm of Morrison Bros., storekeepers, deposed—: March 25th last was the day defendant came to our store at Peel Forest and presented the cheque to me,

He purchased two sticks of tobacco and presented the cheque then. (Cheque produced.) I gave the tobacco on credit and advised him to send the cheque to Blenheim and get it cashed. He said he would. He asked " What would be the best to get," and I said postal notes. The next time he came for tobacco he did not mention the cheque. I think it was about the 4th or sth of April. On the 10th April he came again. When he entered the shop I said "Oh, you are the man I wanted to see, there is a parcel here for you which was sent to Mount Peel by mistake and has just been returned." He took the parcel and then presented me the cheque asking me to cash it. He said, " You remember the day I said I would sendaway the cheque?" and I said " Yes." He said, " I went down to Mr Bull's and wrote a letter enclosing cheque and gave it to a boy to post. "l think thatdatewas March 21st, the day he first got the tobacco. He further said, " I just met the boy coming from school and asked him if he had posted the letter, and with that the boy drew the letter from his pocket." Accused then said. "Can you cash it for me now ? Could you give me a cheque of your own m part ?" I said, " Oh, I have noteß ; I will give them." Before handing over the money I told him it was a most unreasonable thing to ask of me, seeing I was not acquainted with the signature, and it was drawn on a foreign bank. He said "Oh the cheque is all right. A tenant of mine sent it to me from the North. I have had two before from the same man, surely he would not send it to me if it was not right. However, lam not going away, I'll giye you the £10 if the cheque is not all right." I then got him to endorse the cheque and gave him notes' for £9 and silver for 14s 6d ; allowing at his own proposition Is 6d for exchange. That evening I came to Geraldine and left the cheque with my brothers and returned to Peel Forest. I saw the prisoner write the endorsement. Eventually the cheque was returned marked ".no account. By Mr Hay : The prisoner had been boarding with Mr Edwin Bull at Peel Forest about three months. I had seen him off and on at the shop. He came for tobacco, and nearly every mail for letters. When he left I asked Mr Bull where Mitchell was gone, and he said he did not know. I did not ask Mr Bull if accussd had left any address. James H. Smith, clerk m the Union Bank at Christchurch, and formerly of Blenheim, stated that he knew the prisoner at Blenheim, and sold to him a cheque book, the butt of which was produced, m May 1893. Prisoner then had an account with the bank. Knew no one named Fowerler m Blenheim or the district. So far as he knew prisoner bore a good character m Blenheim. F. Worsely, manager of the Union Bank at Blenheim, deposed that neither the prisoner nor auyone named Fowerler has an account at the Blenheim branch. Accused used to have an account. He then spelled his name "Michell." He bore a good character except that he was somewhat intemperate. Constable Eoach, stationed at Amberley, showed that he arrested prisoner at Dalbeg. When the charge was made to him, tlie prisoner said, " What a beastly nuisance, and that he got the cheque by post m payment for a horse sold to Fowerler. He said he would write to Morrison and put it all right. Constable Willoughby stated that prisoner told him the cheque was sent lira m payment for dogs sold to Fowerler. He said he was willing to help to find Fowerler. Accused, who reserved his defence,was committed for trial at the next sitting of the Supreme Court at Timaru, bail being granted, accused m £100 and two securities of £50 each.