SUPREME COURT.

Wellington Independent, Volume XIX, Issue 2138, 8 December 1864, Page 2

Monday, December 5, 1864.

Criminu. Sittings.

(Before His Honor Mr Justice Johnston.) [Co'Uinued from our last.] Kegisa v. Patrick MuLoughlan.

UTTERING A FORGED CHEQUE

The prisoner, a private soldier in the 571h Regt., stationed at Wanganui, was indicted for having on the 10th November, forged and uttered a cheque or order on the Bank of New Zealand for the sum of £3 ss, with intent to defraud one Geoi^e Fisk. There were several counts in the indictment varying the offence.

Mr Izard conducted the prosecution, the prisoner was' undefended.

Mr Iz.nd stated the case lo the jury, and c.tlled ihe following witnesses.

Abraham C.-i«s deposed, I am a storekeeper and reside at WangaMii. I know tlie prisoner at the bur. On the lOtli November lie came to my shop, and asked to look at some Crimean shins. I showed him several, he made choice nf two, the price being 8s Gd each, and pre« sented a cheque in payment. I ratbet hesitated in taking the cheque; prisoner noticed it, nod *aid, " I'll back ii if you like." He then wrote tie name of Thomas Joyce, 57th Regiment, on the back of the cheque. (Constable Shields I ere produced the cheque). The cheque produced is the same. I g.ive prisoner the change. 1 ulm> gave hiu< two paiis of drawers after that foi 9s. I sent George McCaul to the Bank with the cheque to get it cashed, but I did not get the ini'liey. Cross-examined by the prisoner. — I saw you first on the lOih November, and next on ibe following morning. I asked you if your name was Joyce, and if you recollected giving me a cheque on the previous day. You said your name was McLoughlan, aud denied ull know- ■ ledge of the trausaction. You said that you did not know me, aud that you never was iv my shop. I did tell the Adjutant that I thought you were the man. By the Court. — I never saw the man before he came to my shop, that I am aware of.

George Fisk, deposed — I am an auctioneer, mid reside at Wai.gamii. I keep an account at the Bank of New Zealand. The document exhibited is not in my hand writing, nor auy part of it. Neither the writing on the face of the cheque nor the endorse ate like my baud writing. lam not aware that there is another peisou of the name of George Fisk at Wanganui, or in any other place in New Zealand. By the Courl. — I do not know any one by the name of Thomas Joyce. Patrick Shields, deposed— l am a policeman at Wanganui. I produce a cheque, it was given to me by Sergeant Atkinson.

George Fisk, recalled — I received the document from one Mr McCaul, a clerk to Mr Boss. I have been in the colony for 1 1 years. I thiuk that if there was another person of the name of, Geurge Fisk at Wanganui, I should have known it.

The prisoner made a statement to the effect that he was going to work on the morning of the 1 lth November, that he was accosted by MrCass, and accused of having given him a forged cheque. That Cass asked him his name, and he told him it was McLoughlan. That he went to his work and returned ; when he was sent by the adjutant to the prosecutor. That he had not given the prosecutor the cheque and had nerer been in his shop.

By ilie Court.— Al)raham Cass recalled.— «• The prisoner Wiis bruught lv me by order of the Adjutant. There are seven bundled soldiers at WuugtiDui. The prisoner appeared as if close shaven, with a moustache. I noticed that big bair wns light. 1 did not notice any stripe on his arm. tlu dress was the usual military » dress, a blue serge juniper. I did not pariiou* larly notice bis roice, I did not gettbe ohique

returned. I gave a description of the man to the Adjutant, and this particular man was brought down to me, and he corresponds with the description I gave. There is nothing- extraordiuary about the man, but I observed that he kept the Lair clear of his ears. When I met prisoner on the morning of the next day, lie told me liis name was McLoughlan. ' His Honor then summed up, going veiy minutely into the case; mid the jury, after a snort Consultation, acquitted Hie prisunsr.

Reuina v. William Power.

ASSAULT WITH INTENT. The prisoner, a pi ivate in the 571h llegt., was charged with having attempted 10 commit a rape at Wan^inui on the peisun of Ellen Twohey, ii girl of lender years. Catherine Twohey, deposed — I am the wife of I JamesTwohey, a private iv the 571 h llegt. 1 have two children, one aged four yeats and four months, and another ajjed two years old. | I know the prisoner at the b.ir. I saw him on the 13ih October. In einsequence yf some in-! formation given me by a little gill, I went to the breakwater. I beard a child screaming. Iv trying to get down the hunk, I fed over, and fell near the prisoner. He had hold of my litile giil by the right shoulder. She was sitting down. The in<ui was kneeling, with a paper of lollies in his left han.J. (Tnis portion of the evidence is unfit for publication.) I said "I ! shall have you punished you rulfim." When I said thai, he immediately put the lollies in ' his pocket, an<t ran ofi. He endeavored to I button up his trousers. Ii was off the road, I but anyone could have seen it from the road. Her dialers, which were all right in the morn- 1 ing when I dressedher, weie lorn. It w.is about I half-past 4in the evening. The child was not hurt in any other part of the body. By the Court —The whole time did not occupy ten minutes. By the Prisoner.— l am a married woman. I have been married eleven years to my present husband. James Twohey is the father of that child. The child was born in Italia. Patrick Shiels, deposed— l am a police constable at Wanjranui. I recollect beiuij called upon by Mrs Twohey to follow after a man who was ruuniug away. Befoie I got to him, he bad been stopped by two women. The fly of bis trousers was open. I took the lollies produced, from his side pocket. His Honor summed up, uml the jury, after retiring for hall an hour, returned a verdict of guilty. His Honor admonished t!'e prisoner, and souteDced him to two years imprisonment with bard labor. Tt.F.fiTMA V FT firm O.nn-vra

ASSAULT WITH INTKNT,

The prisoner was indicted for having, on the 18th July, 1864, attempted to commit an tin natural offence.

The prosecutor, J.iuies George Forsytb, an apprentice on board the barque Jftandolph, hound from Leiih to Wellington, stated the nature of tbe offence. Thfcre was no corroborative cvi dence. Prosecutor admitted that there was a down on the prisoner on board the ship, because he did not do his work well, and that they wished to get rid of him out of the ship. The offence was alleged to have been commuted on the 13th July, but no complaint was made until the Monday in September, previous to the arrival of the Rmdolph in Wellington, 'flu; prosecutor told a fellow seamen uf the circumstance in consequence of the prisoner havi.ijr struck him. The evidence is too disgusting for publication.

« His Honor summed up, and tlie jury after a short consullalion, acquitted tbe prisoner. . His Honor cautioned the prisoner as to his future conduct, as he was a marked man, and the police would have an eye upon him.