MAGISTERIAL.

Timaru Herald, Volume LXXXII, Issue 12669, 3 May 1905, Page 4

MAGISTERIAL.

UafABU, TUESDAY, MAY 2,. 1905. (Before Messrs £ Hole and W. H. Wfltiaras, J-P.'s.) DRUNKENNESS. . An elderly maa named Joseph Spiers pleaded gamy to drunkenness on "Monday, in Stafford'street- As he had not beta before the Court for a long time, -he was treated as a. first offender and discharged with a caution. ALHSGEDr FORGERY. John Spsan, alias Spain, alias Matson, alias Johnson, was charged that on March 13tb, ISO6V «* Saltwater Creek, he did forge a cheque far £2 3s, on the Bank of Australasia, Timarn, purporting to be signed by (J- Guthrie, and did ntter the same on John Henry Gardner, of Saltwater Creek. Sergeant Warrmg stated that there was no such person a* G. Guthrie. Accused went to Gardner's Hotel about the 10th of Jmst month and stayed two days.. He gars Gardner the cheque, and it was cashed by Joan Henry" Gardner, proprietor of the Saltwater. Creek Hotel, said that accused came to his hotel on March 10th, and said

he bad bees, working on a farm, and having • beetf takea 31, -malted to stop for a, while. Told witness he bad earned £2 3a, but had not vet got tie cheque. Witness allowed him idstay,..and next day accused went to town to get the cheque. He returned without h> as the farmer was not in town. Witness refused to let him stay, and accused left, returning later on in a cab, saying that he Bad a cheque.' "Ton said he, Taoi honest "after all; Fve brought the cheque back Jo yon." "Wftnesa-caahea tb* ; cheque, keeping £1 back, and cused £1 3s change. Paid, the cheque into 1 |» account at the Bank of New South Wales* and a few days later it was returned inaxked worthless. Accused told witness he wa« going to join a steamer that was then-in port. W, BL Atkinson, botcher, stated that ac-. * cused came into HbrweH's shop where witness was employed/ on March. 13th,. and asked, for'»■ b&nk cheque form. > Witness Bold, hna twov" Accuse! said'he' had 'beeaF to* Jackson's office, bnt it tness gave hnn one first, end "aecftsS'-re? turned and showed it to him, spoiled,.J so witness gare hint another. Accased7then said the man he was workmg for wWdrink'- . ing-, and.had spoilt the cheque; and u he asked witness" to fill m the second one", as he waited to send it to his-mrtherV-Wi^- 1 - aess did soj the cheque produced-was-hi his writing'. Made it payable ."to J.' Johnson. >:"••.."• E- T. Costello, manager of th* Bank 1 -of said the cheque was exchanged from the Bank of New South Wales. There was no 6-,. Guthrie in account with the bank. Accused had no account at the bank. The cheque was returned marked "no account." ■■ ' .■;"' Defective FitageraJd stated that on May Ist accused admitted writing the name of Guthrie upon the cheque. Had known him for 14 or 15' years by the name of John Spain or Spaan. Saw him at Wahnate on March 6th and_ 7th, and accused then told him he waa going' carpentering, so that he conM hardly have been harvesting at the levels prion- to giving the cheque. * '•■ After being cautioned, accused said he would admit hstrmg written the name Guthrie upon the cheque; bnt he had no intention fof forging any-ooe's samel It was pouted out that this was not a proper plea, and he reserved his defence. He was committed for trial at the next sittings of the Supreme Court "at Tnnarn on June 6th.