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Decisions of the Nineteenth Century Tasmanian Superior Courts

Published by the Division of Law, Macquarie University and the School of History and Classics, University of Tasmania

mulaw small

[forgery and uttering]

R. v. Arnold

Supreme Court of Van Diemen's Land

Montagu J., 2 October 1843

Source: Cornwall Chronicle, 7 October 1843[1]

            William Arnold was indicted for forging and uttering a check for £5 17, with intent to defraud Charles Grant.

            Charles Grant. - I keep the Plough Inn at Launceston; I know the prisoner; I saw him at my house on the 17th of June last; he brought me a check purporting to be drawn by Mr. Chillcott in favour of himself; the check now produced is the same; he asked me to give him the money for it; I gave him £3 that night and the difference the following morning, after deducting his expenses; I presented  the check at the bank; I know Mr. Chillcott; I know his hand-writing; Mr. Chillcott is a customer of mine; the prisoner was sober at the time; I have taken checks of Mr. Chillcott before.

            Mr. Charles Chillcott. - I reside at Allan Vale, near Perth; I saw the check now produced at Mr. Grant’s; the name Charles Chillcott is not my writing, nor any part of the check; my son is named Charles Chillcott, and resides at Allan Vale; he is not quite twenty-one; he has no property; he keeps no account at the bank; my reason for knowing that is, that he has no property; I know no other person of the name of Chillcott at Allan Vale; I went to the bank on the 19th of June; my son has no authority to draw checks for me; this is not his hand-writing; I have given the prisoner a check on the Commercial Bank on the occasion of his leaving my service on the 2nd of last June; that check was for £2 3s.; I know that the prisoner can write; he was employed in my family teaching the children; I believe this check to be the hand-writing of the prisoner.

            Mr. V Giblin. - I am cashier of the Commercial Bank; I have seen this check before at the Police-office; a check similar to this was presented at the bank to me by Mr. Grant; it was not paid, believing it to be a forgery; Mr. Charles Chillcott has an account at the bank; no other person of that name has an account there.

            Mr. Charles Chillcott, jun. - I am the son of Mr. Charles Chillcott; this check is not my writing; I never drew a check in my father’s name.

            The prisoner in his defence denied any knowledge of the check.

            Thomas Large was called but did not answer.

            Verdict - guilty of uttering.


Notes

[1]             On 3 October, he was sentenced to 7 years’ transportation with a recommendation that he be sent to Port Arthur: Cornwall Chronicle (supplement), 14 October 1843. According to AOTSC 41/5 Arnold was sent to Port Arthur for two years.