I S00KHA.MPTON DISTRICT COURT.
Monday, September 12.
Hrs Honor Judge Hint took bb seat on the
Bench at ten o'clock.
Before the butine» of the Court opened. Ur. Thomee M'Donald Peterson waa sworn in a Magistrate of the Territory.
Tba Crown Prosecutor explained to the Court that in the oaae the Queen e. Sophia Bayer, for detaining a child, fae bad filed no bill ; and he had told defendant at Gladstone there was no necessity for her attendance at the Court. She wat discharged from ber recognisances.
FORGING ANS UTTERING.
John Thompson alias John Lang alias Thomas Mitchell stood indicted with forging and uttering a cheque for £18, purporting to be drawn by " Tache and Laurie " on the Austra- lian Joint Stock Bank, Rockhampton.
A jury having been empanelled—
The Crown Prosecutor opened the case by stating that on the 9th June last, prisoner went to the Salopian Hotel, at the junction of the roads to Clermont ; he there had a drink, and paid for it by a obeque for £1 drawn by Messrs. Teage and Laurie. On the following day he went there again, had more refreshment«, and tendered iu payment to the landlady a cheque for £18. On the landlord returning borne, he eaw the obeque waa a forgery, and told prisoner to take it bank. Prisoner would not do to. The cheque purported to be drawn by " Tacbe and Laurie pro George Laurie, whereas the firm on whom the forgery was perpetrated wes " Teage and Laurie," and " David Laurie," not " George Laurie," was tbe peraon authorised to draw cheques on account of the firm. When prisoner was apprehended, he esid he got the cheque from Teage himself, afterwards he said, from John Cook, and ofter that, from Motet Wafer, and then, he aaid it waa the only forged cheque he bad patted.
Sergeant Mullens, stationed at Lilyvale, 190 miles from Bockhampton, on the road to Cler- mont, states: Saw prisoner at the Salopian Hotel, at the junction j told him, " I arrest you for uttering a valueless oheque with intent to defraud |" prisoner said the cheque was good) it was drawn in his favour ¡ bia name waa on it, and he received it from Teage'e own hand j hit natne waa John Thompsun ; he had been shear- ing there, tinco Christmas, and that it wat curious abuse for a man that had earned bb
money hard ; witness then took prisoner into custody ; it was snout midnight ¡ kept bim in the taproom till nine o'clock next morning: abont half-past seven or eight that morning, prisoner said to witness, " I wish you would say aa little as yon can about thia matter j I have given mj horse to Eddowes the publican, to square the matter i .it's the first oheque of the kind I have ever uttered I I am vary anny for it "-or words to that effect ; witness said be would do bil duty ! prisoner aaid afterwards, be got the oheqni in change for another for £26, which he got frotr Motea Wafer i witness brought him to thi Clermont Lockup; produces cheques-one foi £18, he got from Joshua Eddowes, Salopian
Cross-examined by prisoner: The statement he now makes is, fae believes, substantially thi same as he made before the magbtrate at Oler
Joshua Eddowes, being sworn, states : Waa innkeeper of the Salopian Hotel last year, but is not now ; saw prisoner there on a Thursday afternoon, about the 8th June : prisoner hat refreshment and paid for it t ssw him severa times next day ; fae had more refreshment j ii the afternoon Mrs. Bddowes, in prisoner's pn eence, handed witness a cheque for £18 (identifies cheque) i it is signed " Georg Laurie, for Tache and Lanrie :" witness looke at it, and asked prisoner " where did you ge it f-this is a forgery P" prisoner said " I ha it from Mr. Teage's own hands for three weeki work s" witness kept the cheque while he wen to Crinum for Sergeant Mulline i gave it t bim ; asked prisoner to baok the cheque ; pr coner aaid ho wasn't such a fool ; returned wit Mullins about ten at night j witness's wife tbe asked prisoner where be got the cheque prisoner said from Fred. Cook, innkeepei Springsure Road : when told Cook was nc there, prisoner said he must bare got it fro: Moses Wafer j on the morning after the arres prisoner asked witness if he could take th landouffs off ; witness said he wasn't able t do it i prisoner said, " I wanted to rob you lau night, but you were too fa-y smart for me yon can hare the horse, apd I will let you has a receipt i" prisoner went in to write him one
he owed him £1 de.
Cross-examined by prisoner : Waa there whe priaooer had a drink on Thursday j prison! paid for it by a £1 cheque j witness did nc rive Is. 6d. change : saw only the £18 chequ Decides : witness believes on oath that thi statement ia the came as he made before tb magistrate at Clermont ¡ when prisoner mad these various statements be wu in liquor j o the following morning prisoner was quite sobe
David Laurie, scorekeeper to Teage an Laurie, Banders Station, about 100 miles (roi Rockhampton, on the Springsure Bond, states The firm have an account at the Joint Slot Bank, Bockhampton : cheques were draw against it by each of tbe firm, and by bimse pro Teage and Laurie, but by no other peraon (cheque tendered by prisoner handed to wi oeaa) ; does not know this cheque ; the name epelt " Tache sud Laurie ;" it wu not draw by any one connected with the firm i ha' resided there four years, and pay all the mi their wages : prisoner wu not employed on tl station t fae wu not shearing there about Jui lut ; there ia no person there named " Gean Laurie i" Teage went home shortly aft
William Woodd, ledger keeper, Joint Sto Bank, Bockhampton, being ewora, states : Ti oheque (banded to bim) ia not Teage ai Laurie's signature ; there is no customer at tl Bank of the name Tache and Laurie j dot know George Laurie.
Thu wu the case for the Crown.
The prisoner, who had no witnesses to cs said he could in a few words explain how t oheque came into his possession. He hu be in the colony for several years. Lately be * working on the Kroombit diggings, when ti men came, and offend to buy two horses frc him; he concluded a bargain, and accepted payment two cheques drawn by Teage a Laurie in favour of Bogers and Thompao be shortly afterwards went to Clermont t on I road be overtook a dray, and put his swag on ; when they came to a publia-bouse they ell fa dinner and tome drinks s be paid for tbe lot one of these cheques, and received other obeqi in change. One of those be paid at the ni public-bouse. He would uk tbe jury, won any man in his senses present two cheqi drawn by squatters, living within fifty mil and well known? The different aliatet att buted to him, were the names on the chequ men supposed to have worked at Teage a Laurie's; could it be supposed that any man his senses and not drunk, would have ma these different statements, and have said
earned £18 in titree weeks at shearing P Su a statement would ruin any hope of escape tn detection. He knew the brands of the t horses sold to Bogers and Thompson. I assured the jury that the cheques were taken good faith, and paid away under the belief tl
they were good money.
His Honor, in summing np, pointed ont tl there was no evidence of guilt on the fi count of *' forging hut on the second con that prisoner did offer, dbpoae of, or put1 there was ample evidence, if thc jury belii 1 the testimony of the witnesses. The quest then came, Did prisoner intend thereby defiaud. There wu seldom absolute proof o point of this kind, and they had to take i consideration the surrounding ciroumalani And lastly, Did bo know tbs cheque to t forgery f In cases of thia nature, there w generally other forged cheques found in poa sion of prisoner ; but in this case the evide was stronger, if they believed the witnes Admitting that prisoner, under the influence liquor, made contradictory statements on
day of bia arrest, that wu not all they hai be guided by. It appears that on the folio*
morning, whan prisoner wai perfectly 001107, he made statements of a similar nature. (Hil Honor, in support of his view, read portions of
The poisoner referred his HOBO« to depositions
taken at Clermont.
His Honor said be had looked through the depositions, and would advise the prisoner not to put them in as eridenoe.
1 The jury retired to consider their verdict,
and returned in'a quarter of an boar, with» I verdict of guilty on the second count.
i Tue prisoner hoped Hit Honor would take ,
into consideration the time he had been in gaol. <JUL* He would refer to the governor of the gaol aa to \ 'ju
bis character. . !Y>~
His Honor said it appeared lhere vas another . i charge against prisoner, which had not been
proceeded with. Oflenoei of this kind he wu
m the habit of punishing Terr severely, in order . to deter others from them. He saw nothing in I this ease to justify a departure from hts usual
course. The sentence of the Court was, that
I prisoner be subjected to three years' penal
TOEOffa ASS umBirr«. t George Moore was indicted for forging «jut I uttering a certain cheque for £316»., purporting
to be drawn by " Fred. Gregory," on the Aui tralian Joint Stock Bank, Bookhampton. fThe
particulars of this sate were all published re- ' : cently, in our report of the preuunnary ex* I amination in the Polios Court Prisoner
Sleaded guilty of " uttering," and by his counsel,
Ir. Milford requested Hu Honor to defer un I tenoe till the afternoon, to give him time to
bring witnesses at to character.
I Michael Bryson waa oalled, end, being sworn,
stated, be knew the prisoner for three yean in ' Victoria, but had not teen him before now for
ten yean. He knew nothing against bia
At the request of Mr. Milford, defendant's solicitor. Hit Honor deferred passing tentenoe
until the afternoon.
Owen Murray wu indicted for that ne dil. .
on the 8rd dey of September, at Cawarral, t feloniously »teal certain moncra amounting to
£17 19s. the property of one John Johnstone. . A second count charged prisoner with receiving the same, knowing it to have been stolen. Prisoner pleaded not guilty.
The Crown Prosecutor having opened th**
ease, called on
Acting-Sergeant Burke, a ration ed at Cawarral, who deposed to the apprehension of prisoner on the 8th instant in hie own hut at Stow Zealand Gully t prisoner gave witness three £1 notes and one £5 note (produced), laying fae fonnd
them in Sheehy'« store 1 he eaid that he spent ? or lost theohangt of another note at Sheehy's j produced also a £10 note 1 got that from Mr. Flaherty, storekeeper, Kew Zealand Gullv.
John Johnstone, miner, at New Zealand Gully, deposed i Recollects being st Sheehy and Page's place on Saturday, the Srd, in the even- ing 1 on going there bods £10 A.J.S bank note, No. 67 i one ditto £6,18828 ; two £1 notes 1 does not know the number t had also 61. in silver, two half-crowns 1 they ? were in a bag in his watch pocket (identifies the £10 «nd £5 notes) ; oalled for five drinks, prisoner being there with two other men 1 took the bag ont of his watch pocket and gave half-a-orown to Smith, the storeman ¡ prisoner saw this j then put the bag back into the right hand trowsera pocket i priaoner then oalled for drinks 1 witness bad three drinks, and then became insensible $ next morning fonnd himself lying in another room t found his puru gone, and his pocket toro in two places ; went to Cawarral and gave information to police 1 next day gare mfirnno tion to Detective Smith at BoekbamptoB 1 bad known prisoner for seven or eight months.
John Flaherty, storekeeper, at New Zealand Gully, deposed that on the 4th fautant prisoner esme to his store, bouxht some goode, tendered . £10 bank note is payment, and witness gave him £9 18t. in change 1 witness gave the note [produoedj to Sergeant Burke.
Prisoner, on being asked if he hod anything to offer in defence, eaid fae bad no witnesses, ead tbat he picked np the money and did not know to whom it belonged.
His Honor then rammed np, and tbs jury retired for about ten minutes and returned wita a verdict of guilty.
In reply to Hu Honor, Sub-Iospeetor Eliott said that tbe prisoner wu known to the police, but there wat nothing previously against hi*
Prisoner wat then sentenced to eighteen months' imprisonment in Brisbane Gani. .
This being the lett cate on the liât, Hit Honor thanked the jury for their attendance and dis-
The Court then adjourned till 2*80 p.a.
In the afternoon, George Moore wee brought up for sentence. Mr. Pattison, J.P., and Mr. Mills Wormald, stated that they knew the prisoner in Victoria ten years ago. At that time he borea good character, but neither wit- ness contd speak at to his character since, aa they had not known anything about bim until he recently came to Bookhampton.
The prisoner said he bad only lately nome from Victoria. He bad attended the late rac» meetings at Brisbane, Ipswich, Maryborough, and last, at Bookhampton. In attending these places he bod been eubjeoted to much excite- ment and had drank a good deal, sn a moment
of phrenzy, he might call it, be had presented th» , cheque. As soon OJ he recovered his senses he took Mr. Martin, to whom be had given tb» cheque, to a third party, and he understood that Mr. Martin had consented to wait until settling night On the following day, be offered Martin two notes, but Martin said that hs
would hare the money before he left tbs race- ; coane or call Sub-Inspector Eliott. He (priaoner) then got frightened and got on a horse and tried to get away from justice. He had made all the atonement in his power, and attributed hit misfortune to tho abuse of alcoholic liquors. He wonld throw himself opon bis Honor*« mercy, and promise that his behaviour during hil incarceration should be tuch aa to prove nit sorrow for the crime hs had
Hil Honor «sid he must deal with this a* with other forgery cases. The prisoner, aa an educated man, must have known that thia wu an offence that wu punished very severely. In almost every other country the puoiihment wat aeren or eight years' imprisonment, but here there had not been many oases of this nature, and the punishment wu therefore not so heavy. The witnesses oalled to speak to prisoners character hod not known him for a long time, and the Court wu left in the dork as to hil conduct during the but ten years
Priaoner eaid he had a testimonial in hit pocket book"at the gaol, which «bowed that he had held a respeetable situation in Sydney within the lut twelve months.
His Honor «aid, possibly the cue might come before him again, when that document would have due consideration. But he wu not justified in inflicting e lighter punishment than usual, the offence being one of the deepest dye, and formerly punishable with death. Priaoner WM then sentenced to two yean' imprisonment in
The Court then rose.