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Decisions of the Superior Courts of New South Wales, 1788-1899

R. v. White [1840] NSWSupC 42

forgery, convict service, lending assigned servants

Supreme Court of New South Wales

Dowling C.J., 8 August 1840

Source: Australian, 11 August 1840

            Before His Honor the Chief Justice.

Michael Alfred White, a convict, was indicted for forging and uttering an order for £23 on Edward McRoberts, of Kent-street, Sydney, purporting to be drawn by his master, Mr. Christopher Doyle of Port Macquarie, and with intent to defraud Mr. William Stokes of that place, on the fifth of November, 1839.

It appeared that the prisoner was lent to Mr. Doyle, and finding him an active, intelligent and useful person; he placed him in the responsible situation of his agent at Port Macquarie, giving authority to dealers of that place to let him have what he required without any further order. As Mr. Doyle was no penman, the prisoner was generally employed to carry on his correspondence, which, taking advantage of, and the good character which he unquestionably bore in the district, he forged the order in question. Mr. Purefoy defended the prisoner, and produced proof that the prisoner's friends in England had been in the habit of sending him money. That in 1837 they sent him £100, which was placed in the Savings Bank for him by the Government, out of which he had been permitted to draw four £10. Therefore £60, exclusive of interest, belonging to the prisoner, is still in the bank. Not guilty.

Published by the Division of Law, Macquarie University