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, J., I'ERRIN, J., JACKSON, J., and BALL, J. 340 COMMON LAW REPORTS. M. T. 1854. saying he would go to his mother-in-law Mrs. Watters, get her Crim. Appeal. -----, to sign them, and...