MAGISTRATES’ COURTS.

Globe, Volume IV, Issue 428, 27 October 1875, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, October 27,

(Before G. L. Mellish, Bsq, R.M.)

Deunk and Disorderly.— John Fleming, for drunkenness, was fined 20s, and Ellen Boyle, an old offender, who had been arrested on the charge of being drunk and using obscene language that morning in Lyttelton street, was sentenced to three months’ imprisonment with hard labour. Larceny. —John Bard was charged on warrant with the larceny of a watch and chain. Detective Thomson produced a watch which he had received from Mrs Brown, of the Mechanics’ boarding house ; when he arrested the prisoner he said he had never seen the watch. E. J. Martin stated that in October, 1874, he was staying at South’s boarding house in Gloucester street; about the 24th October of the same year he was at the Garrick Hotel with the accused, who was stopping at the same boarding house as he was; on that night he missed the watch

and chain produced, and afterwards accused the prisoner of taking them ; valued the articles at about £4 ; prisoner had no authority from him to take the property. By prisoner—“ I was not sober that night, and you and 1 were fighting ; no one took hold of me that night but yourself.” Mrs Anne Brown, wife of George Brown, boardinghouse keeper, Lichfield street, stated that the prisoner had been staying at h'T house, and was there previous to April last,; when he was leaving, about the beginning of April, he gave her the watch and chain produced to take care of ; put them into a box at the time, and handed them to the detective the previous day. In reply to the Bench, the accused said that on that night, at the Garrick Hotel, he and the prosecutor had a fight, and afterwards he picked up the watch off the floor. Sentenced to six months’ imprisonment with hard labour. Embezzlement. brought up, further charged with having embezzled monies belonging to his late employer, Mr F. Innes, brewer, Waltham. Mr O’Neil appeared for the defence. The evidence was of a similar nature to that given when accused was last before the Court. On the sth December, 1878, he had received £4 8s from William Reid, Springston ; on the Ist May, 1874, £2 from Mrs R. M'Donell, Cashmere, on account of a Mr Dobey; 7th March, lls from Mr J. Wilson ; Bth May, 6a (balance of account) from same person ; and £1 12s 6d from Joseph Lawlor, Addington, in August, 1878, the several payments being for beer delivered by accused on behalf of his employer, and which amounts Mr Innea stated he (accused ) had not accounted for ; accused had left his employ without giving any notice, After the evidence had been read over, accused reserved his defence, and was fully committed to take his trial on the various charges. On the application of Mr O’Neil, his Worship said he would accept bail in two sureties in £SO, and accused in £IOO on each of the six charges. ASHBURTON. Thursday, October 21. (Before Alfred Saunders, Esq.) Obtaining Money by False Pretences.—Lauritz Neilson, of Christchurch, was brought up on remand, indicted on two charges of the above nature. Robert Wm Shearman being sworn, said—l am manager of the Somerset Hotel for J. W, Oram. I received the cheque produced marked “A” on the Bth of September, and presented it at the Bank on the 10th September. The cheque was given me as payment of board and lodging. I gave the accused ten shillings and sixpence in money. I received the cheque from Neilson, and gave him the change. I presented the cheque at the Bank, and the cheque was returned to me marked in the corner “N. S. F.” I gave the prisoner ten shillings and sixpence because I believed when the cheque came into my hands the cheque was a good one. I saw the prisoner write the cheque. I believed when I gave the prisoner the change that the cheque would be paid on being presented at the Ashburton branch of the Bank of New Zealand. Albert Roberts, on being sworn, said—l am agent at the Bank of New Zealand, Ashburton. The cheque produced marked “ A” has been presented at the Bank for the credit of J. W. Oram, by Mr Shearman. I cannot say the date when the cheque was presented. It was sometime from the 6th to the 10th of September. If there had been sufficient funds at the credit of the drawer I should have paid the cheque. The amount to the credit of Neilson at the Bank when 1 returned the cheque marked “ N.S.F.” was 3s 6d. Neilson had no pass book. I remember Neilson and Savage being both in the Bank together in the morning, either on Thursday, the 9th, or Friday, the 10th of September. I gave Neilson the amount of his balance on a slip of paper between ten and eleven on Friday morning, the 10th September. Neilson had no reason to expect if he drew a cheque for more than he had in the Bank his cheque would be paid. Neilson asked for an overdraft at the same time. I declined to grant it. James Savage was next sworn, and said —I am a painter, residing at Ashburton. I know the prisoner. I remember going to the Bank of New Zealand, Ashburton, in company with the prisoner, on Friday, the 10th September, shortly after the Bank opened, between ten and eleven in the morning. Prisoner asked the Bank manager for a statement of his account. The statement of his account was given to prisoner on a slip of paper by Mr Roberts. Prisoner mistook the figures and said—“ Oh, £3 65." Mr Roberts told him to look again. I then looked at the slip of paper which he held, and told prisoner it was 3s 6d. Prisoner then asked Mr Roberts for an advance of £3O. Mr Roberts replied it was not usual to do business in that way. Prisoner asked Mr Roberts if he would cash a cheque for the amount of my account. Mr Roberts declined to do it on Neilson’s account. The amount of my account was £5 15s. Prisoner was perfectly sober, and quite able to understand what was said to him by Mr Roberts. I went to the Bank to endeavour to get my account. Prisoner asked me to go with him to the Bank to receive payment of my account. From conversation which passed between us I was under the impression prisoner was in doubt if the cheque would be paid. Cross-examined by prisoner—l do not remember the banker telling me that he thought the funds would be all right. This concluded the first case for the prosecution. The second charge was then preferred against prisoner. The evidence went to show that Robert William Shearman received a cheque marked “ B ” on the 10th September from the prisoner ; that he gave prisoner 11s in change. He saw prisoner write the cheque, and gave him the change believing the cheque would be duly honored. Between two and three o’clock of the same day he presented the cheque at the Bank; payment was refused, and the cheque returned marked in the corner “N. S. F.” Albert Roberts and James Savage gave similar evidence to that stated in the first case. Prisoner was committed to take his trial at the next session of the Supreme Court on both charges,