Individual Notes
Note for: Michael Moynihan, -
Index
Individual Note: Name from Timothy Moynihan and Annie Gertrude Moynihan nee Thorpe Marriage Certificate
Individual Notes
Note for: Honora Cooper, 25 JAN -
Index
Individual Note: Name from Timothy Moynihan and Annie Gertrude Moynihan nee Thorpe Marriage Certificate
Birthday from Teresa Pye nee Thorpe's Birthday Book held by M Anderson
Individual Notes
Note for: Nora Brosnan, -
Index
Individual Note: Name from James Kearney's Birth Details on the Latter Day Saints International Genealogical Index
Individual Notes
Note for: James Peter Kearney, 30 JUL 1862 -
Index
Christening: Date: 31 JUL 1862
Place: Roman Catholic, Castle Island, Kerry, Ireland
Individual Note: 1st Name from ship details "Berar" 1875
2nd name from Patrick Kearney Letters of Administration
Christening Details as shown on the Latter Day Saints International Genealogical Index Date: 31/7/1862, Roman Catholic, Castle Island, Kerry, Ireland
Individual Notes
Note for: Patrick Kearney, 8 MAY 1864 -
Index
Christening: Date: 15 MAY 1864
Place: Castle Island, County Kerry, Ireland
Individual Note: Located Birth and Christening Records on the Latter Day Saints International Genealogical Index for a Patrick Kearney, Details are Birth Date: 8/5/1864, Christening Date: 15/5/1864, Roman Catholic, Castle Island, Kerry, Ireland, Father: James Kearney, Mother: Mary Geaney
1893 Electoral Roll shows Kearney Patrick, Number: 1371, Electorate: Otaki, Voting Qualification: Residential, Residential Address: Upper Hutt, Occ: Farmer
The Evening Post 3rd August 1904 shows
Supreme Court.
Criminal Sessions
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The criminal sessions of the Supreme Court were continued yesterday and today before his Honour Mr. Justice Cooper.
...
Alleged False Pretences.
Patrick Kearney, defended by Mr. Wilford, pleaded not guilty of having obtained 7 pounds 8 shillings 2 pences by false pretences from S. Brown, Wellington. The facts are that accused, who lives with his parents on a farm at Upper Hutt, came into Wellington and ordered oats and chaff for them, and subsequently signed a cheque for 20 pounds in payment, and received 7 pounds 8 shillings 2 pences change. The cheque was on the Bank of New South Wales, which dishonoured it, accused having no account there.
The defence was that accused had left his signature with the Bank of New South Wales with a view to opening an account there; that all that was needed to open the account was the paying in of money; that F. J. McGovern, licensee of the Trentham Hotel, had promised to pay 12 pounds into the Bank of New South Wales, to accused's account, but omitted to do so that accused, believing the 12 pounds was paid in, drew the cheque for 20 pounds, which Brown cashed; that accused's intention was to pay 8 pounds out of the change and out of pocket cash into his account in the Bank, so as to bring his credit up to the amount of the cheque that he "met a friend," had some drinks, and did not pay in the change; that accused's object in drawing a cheque in excess of the 12 pounds that accused believed had been paid to his credit, was to 'make his name look better" by presenting a cheque for a larger amount, the excess to be made up at the Bank by the after-payment referred to. Mr. Wilford further stated that accused was "without brains," had no business capacity, and no criminal motive or intent. He could have booked the goods to his parents, for whom he had ordered them, who consumed them, and who wore prepared to pay for them; but instead, he booked the goods to himself. It was not unprecedented for a man to draw a big cheque to help his credit when he had nothing; there was once a man in Wellington who owned nothing but a glossy top-hot and a smile, but who used to draw a cheque for 50 pounds, then run to the bank and pay in the money to meet the cheque.
F. J. McGovern gave evidence confirming Mr. Wilford's statement that witness had promised to pay in 12 pounds to accused's credit, but forgot to do so, having occasion to go at that time to the Wairarapa. Accused's brother, Thos. Kearney, deposed that accused suffered from the effect of head injuries received years ago. Accused also gave evidence in confirmation of the defence, and admitted in cross-examination that he had left his name at two other banks, had previously drawn valueless cheques on other banks, and had two previous convictions.
Mr. Myers considered the suggestion that accused intended to pay in the 8 pounds was ridiculous; in any case, he had two clear days in which he could have paid the money in before he was arrested, and did not do so.
His Honour saw no reason to doubt McGovern's evidence; and the fact that accused got the goods for his parents, not for himself, was in his favour. The evidence as to previous conviction could be admitted only as to character, not as to intention, which latter must be deduced from his acts in the present case. The act of giving a valueless cheque created a presumption that there was an intent to defraud, but it was not a conclusive one, and there were elements in the case, from which the jury might in its discretion conclude that the presumption had been rebutted. Even it accused intended to make this after-payment, a technical offence was no doubt committed, but on such a technical offence, a jury would not in the circumstances convict.
The jury, after an hour's retirement, found accused not guilty, and be was discharged.
... continued