The Queen v Patrick Mahony

• Jurisdiction: Ireland
• Judgment Date: 17 November 1854
• Date: 17 November 1854
• Court: Court of Criminal Appeal

Crim. Appeal.

THE QUEEN

and

PATRICK MAHONY.

Regina v. Mitchell 1 Den. C. Cas. 282, in notis.

Rex. v. WebbUNK 3 B. & B. 228; S. C., R. & Ry. 405.

The King v. Parkes & BrowneENR 2 Leach, C. C. 75.

Hevey's caseENRUNK Rus. on Crimes 326; S. C., 1 Leach, 229; 2 East, P. C., 856.

The King v. WattsENR 3 Br. & B. 197; S. C., R. & Ry. 436.

Regina v. RogersENR 8 C. & P. 629.

Regina v. Nisbett 6 Cox, C. C., 320.

The Queen v. BlenkinsopENRENRENR 1 Den. C. C. 276; S. C., 2 C. & K. 531; S. C., 2 Cox, 420.

Rex v. FitzgeraldENR 1 Leach, 20.

COMMON LAW REPORTS. 339 M. T. 1854. Crim. Appeal. Court of Criminal fiplitai.* THE QUEEN v. PATRICK MAHONY. Nov. 17. Tins was a case reserved by Monahan, C. J., from the Summer On an indict ment for forg Assizes of 1854, for the county of the city of Kilkenny. The ing and utter- ing promissory case stated, that Patrick Mahony, the prisoner, was indicted for notes, know- ing them e to b forging and uttering, knowing them to be forged, two promissory forged, it ap- notes. The first witness deposed that he was the travelling agent peared that the prisoner, being of the firm of Brown and Company, of Manchester ; that in the indebted to the prosecutor, month of January 1854, Mahony was indebted to the firm in a and pressed for payment, balance of 68. 18s. 10d. ; that witness, being then in the city obtained time, on the terms of Kilkenny, where the prisoner Mahony carried on business, of procuring his mother-in pressed for payment of said balance, and threatened law proceed- law, whose Chris - ings unless the amount was paid or secured ; that witness had nametian was Catherine, to previously ascertained that Mrs. Wafters, the mother-in-law of join him in the prisoner Mahony, was a solvent person ; she also carried on giving notes for the bal_ business in the city of Kilkenny. Witness was not at that time ance. The notes were aware of Mrs. Watters' Christian-name, but had since ascertained drawn by tile prosecutor; that her name was Catherine. After some negociation with Mahony, - and the pri soner, having witness offered to give him time for the payment of the debt, if signed them, retained them, he got his mother-in-law, Mrs. Watters, to join him in notes to the saying he would get his amount. This Mahony agreed to do ; and accordingly, in Mahony's mother-in-law to sign them, presence, witness drew the body of the two promissory notes and return them. produced at the trial, and the prisoner Mahon signed his name He accord- y to both. This took place in the hotel in the city of Kilkenny, ing l took notes, and the re- where witness was then staying. Mahony retained the two notes, turned in an hour with the notes, signed by his wife, " A. Watters," which was her maiden name, and handing them to the prosecutor, said, " Here are the notes, they will be paid for before they arrive at maturity."-Held, that the prisoner having got his wife to affix her signature to the notes, he intending to pass them as the genuine notes of his mother-in-law, and afterwards passing them as such, was sufficient to sustain the indictment. Ceram LEFROY, C. J., MONAHAN, C. J., TORRENS...