People v. Zarate

WORKS, J.

This is an appeal from a judgment of conviction of the crime of forgery. Joseph L. Thing and Charles E. Thing conducted a mercantile business under the name of Thing Bros., in the little town of Tecate, part of which place is in San Diego County and part in the republic of Mexico. On account of the lack of banking facilities in the village, it was the custom of Thing Bros, to issue their checks on a San Diego bank to the people of the place in exchange for cash, the paper then being used in the transaction of business with the outside world. The checks were always drawn by the brothers themselves, one being accustomed to write them by hand, while the other used a typewriter for the purpose. The typewritten paper was drawn from a red and a black ribbon, each of the colors being used, invariably, on a certain and definite portion of each check. Appellant procured one of these typewritten checks in the sum of five dollars, through a third person, paying that amount for it. Next, through a conductor on the railroad running from Tecate to San Diego, he procured both a black and a red typewriter ribbon from the latter place, and also a pad of blank cheeks upon the bank on which Thing Bros, were accustomed to draw their paper. Appellant then wrote a letter, purporting to be signed by one E. E. Snyder, to another bank in San Diego, inclosing two checks and asking the bank to make collection of them. The checks were, respectively, for the sums of $1,010 and $992, were drawn on the bank with which Thing Bros, did business, were payable to E. E'. Snyder, were signed ‘ ‘ Thing Bros., by J. L. Thing, ’ ’ and were typewritten in two colors, in exact accord with the custom followed by Joseph L. Thing, the brother whose practice it was to draw the typewritten paper issued by the firm. The bank was instructed, after collecting the proceeds of the checks, to send $1700 in currency to the alleged Snyder at Tecate by the railway conductor above mentioned. It was stated in the letter that the money was to be used for the purpose of paying Snyder’s men. The remaining $302 was directed to

[374]

be deposited in the bank to which the letter was addressed, in the name of Snyder. The currency was sent to Tecate, not by the conductor, however, but by registered mail, and was delivered to appellant, who receipted for it in Snyder’s name, by himself, as agent. The balance of the proceeds of the two checks, $302 dollars, was placed on deposit in the bank as directed, and $300 of it was later withdrawn on a check bearing the signature of the alleged Snyder, but the money was, as before, delivered to appellant as Snyder’s agent. It was shown at the trial that neither of the two checks sent to the San Diego bank was signed by either of the brothers Thing, and appellant made written confession that the signature was appended to each of them by him. No such person as E. E. Snyder appeared at the trial, and several witnesses from Tecate testified that they knew of no such person. Some days after procuring the original check for five dollars from Thing Bros., which paper the prosecution, of course, claims appellant used as an exemplar, he endeavored to sell it to one Blanco for four dollars, but Blanco did not buy it. This check must have been finally destroyed, as it was never presented for payment. The charge against appellant was for forging the check for $1,010.