RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume VII, Issue 1068, 31 March 1882, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, March 30th, 1882.

(Before W. H. Revell, Esq., R.M.) UTTERING COUNTERFEIT COIN.

John Cox appeared on remand charged with having on the 20th instant, uttered a counterfeit coin to Henry Kater, with the intention of defrauding him.

Henry Kater said that on the evening of the 20th of this month, there was an entertainment at the Oddfellows' Hall, where he was taking the money. The admission was half-a-crown. The accused was there, and put down what witness supposed to be a sovereign, and at the same time asking for two tickets. Witness gave them to him together with 15s. change, and he took them up the street. About an hour afterwards, Mr Lissant came and asked for 305., which he gave him, one sovereign and a half sovereign. He took the money outside, but shortly afterwards came back again saying the sovereign was a counterfeit. He was away about a quarter of an hour. He asked witness who gave him the coin, and after a time the latter said he thought prisoner gave him the sovereign. The prisoner, on witness asking him about it, denied that he had given that coin, and said that he got a half sovereign from the bank, and that witness had given him one ticket and 6s. 6d. change. Witness toH Mr Lissant that Cox gave him the sovereign, but he again denied it, and the police were sent for. When Sergeant Neville came he went outside with Cox, and subsequently took him into custody. Charles Austin was standing by witness when prisoner gave the counterfeit sovereign. He only took one sovereign that night, the counterfeit one now in question. Prisoner when he gave it in put it down quietly on the pedestal. The coin produced was the same.

Cross-examined by Mr Lynch : It was about half-past 10 when prisoner came. There was a fair amount of money taken at the door, including two half -sovereigns. Witness did not know who he got them from, and did not think he took more. Mr lissant brought the sovereign back about three-quarters of an hour after Cox took the tickets. He received money from other persons after that, but did not remember receiving any gold coin after that. He was positive that he got the half sovereigns before he sold the tickets to Cox. At first he did not recollect who had given the coin, and asked another person what money he had given him. He did not at first remember that Cox had given him the coin. Witness noticed the man, horse, and dragon, on the coin, when Cox put it down, but he only had a hasty glance at it. (A genuine dragon sovereign was placed in the witness' hand.) He would not swear that that (the good sovereign) was not the coin given to him that night. He would not swear that that (the counterfeit) was the coin tendered by Cox that night, as he did not take .enough notice, neither would he swear what coin he gave him.

By the Bench : Witness was positive it was not a half-sovereign, because he gave him 15s. change. It was a sovereign he gave him, but he could not identify it. Cox brought the money back, and paid it to witness in the Hall, asking if that would do. He did not remember how he gave change, but he believed it was in half-crowns.

Charles Austin, a boy 14 years old, proved that he was taking tickets at the Hall on the night in question. He saw Cox buy two tickets, which he paid for with a sovereign and got fifteen shillings change back. Cox laid down the coin on the box in front of Kater. There was on one side of it a man on a horse, with something under it. The coin produced was the same. He recognised it by the above figures. He saw Cox after that give Kater back twenty shillings in silver.

Witness was cross-examined by Mr Lynch as to the identity of the coin with that Cox gave, and produced the genuine dragon sovereign again. He admitted that he could not distinguish them, nor could swear that the coin was the one tendered by Cox.

Arthur Lissant, a comedian residing in Hokitika, said that on the 20th instant he and others were giving an entertainment in the Oddfellows' Hall, and Henry Kater was money taker. He corroborated the evidence of the latter as to getting thirty shilliugs, a sovereign and a half-sovereign, and subsequently finding the first coin valueless. Kater told him that Cox had given it him, on which witness called him out and asked him if he had passed it. Prisoner said he had given in a halfsovereign, and had received either six and sixpence or three and sixpence, witness was not certain which. Witness told him that would be impossible, because the admission was half-a-crown. From his manner witness thought he had passed the coin, ant 1 , he threatened to give him in charge. Prisoner said he would get a pound and square it, and witness told him if he did that he would not proceed against him. He got the pound from Mrs Kater and paid it to Henry Kater. Witness identified the coin produced as being exactly similar to the one passed that night. Witness would not have prosecuted the prisoner, as he had squared it, but Sergeant Neville, after information had been given, said that the police had no option but to do so.

By Mr Lynch — Cox refused to refund till witness threatened to send for the police ;it was his own suggestion. Witness did not know at the time that O'Neil had gone for the police.

Sergeant Neville proved the arrest, and also seizing the countesfeit sovereign. Cox at the time was not sober.

By Mr Lynch — The money was paid after witness came on the scene. Witness did not say anything to prisoner about settling the matter.

Mr Lynch, for the defence, submitted that there was no case whatever to go to a

jury, as nona of the witnesses could positively swear that the counterfeit coin produced was the coin handed in by the prisoner on the occasion when it was taken. He urged that the payment of the money by prisoner was merely made under the threat by Lissant of giving him into custody, the prisoner not being sober at the time. He also argued that the intention to defraud must be proved, which had not been done.

On being asked what he had to say, prisoner said that he tendered a half sovereign to Kater, and got two tickets and five shillings. That was early in the evening. Later on, Lissant told him that a bad coin had been passed, and that if he (prisoner) did not make the money good he would send for the police. He said he would do nothing of the sort, as he had only passed a half sovereign, and that he could fetch the police if he liked. Sergeant iSeville advised him to square it with the prosecutor, and he borrowed £1 from Mr Kater to do so. After this he was arrested. He had not had a sovereign in his possession for two years. He only paid the money in order to prevent himself from being locked up, but he was entirely innocent of the crime with which he was charged.

For the defence, William Davis was called, and said that he was with prisoner on the night of the 20th, and asked him to lend him some money, but he said he had only half a sovereign. After some chaff they went up the street, and prisoner bought witness and his mate tickets to go in to the entertainment with. When he (prisoner) came out after buying them, he had five shillings in his hand — half-a-crown of which he spent at Kater's, and witness and his mate then went to the entertainment.

Prisoner was then committed for trial at the next sitting of the District Court, bail to be taker, himself in £10, and two sureties in £50 each.