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

R. v. Malveay [1857] NSWSupCMB 17

forgery and uttering

District Court of New South Wales, Moreton Bay

Milford J., 19 May 1857

Source: Moreton Bay Courier, 23 May 1857

FORGING AND UTTERING.

Peter Malveay was indicted for having, at Gatton, on the 20th February, forged an order on the Union Bank at Sydney, for the sum of £26 and a second count charged him with uttering the same.

The prisoner pleaded not guilty.

Edward Dolan, sworn: I was formerly chief constable at Draytong. I apprehended the prisoner on the 24th February last. On searching him, I found three bills upon him, one for £3000, another for £2000, and the third for £1100. He told me that he did not forge the cheque himself, but received it from a man named Davis. He admitted having passed it. On referring to the three bills I found on him, he said, "Oh, they're all right."

William Brown, sworn: I was living at Gatton in February last. I kept the Rose Inn, Sometime in February the prisoner called as a traveller, and he remained two or three days. He paid me with an order drawn by a person named Nicholson, at Maitland. I took the order but did not give him the change.

The witness was subjected to a long cross-examination, mostly impertinent to the subject, and during which the  Court  was frequently convulsed with laughter.

George Faircloth, sworn: I am the manager of the Union Bank at Ipswich: I know Mr. Nicholson, at Maitland. The signature of the cheque produced is not that of Mr. Nicholson. The bills produced did not seem to be genuine.

The prisoner accounted for the possession of the bills (one of which purported to be drawn at New Orleans, the others at Dublin) by saying that he had lately been left some property at home.

The jury, having retired for a quarter of an hour, returned into  Court  with a verdict of not guilty.

Mr. Raff complained on the part of the jury of the awkward position in which the jurors were placed with regard to light and hearing in the Court. The light being right in their faces it was impossible for them to see the prisoner's face.

Mr. Pring: It has been so ever since I first appeared at Moreton Bay.

Published by the Division of Law, Macquarie University