THIS DAY.

Auckland Star, Volume I, Issue 216, 17 September 1870, Page 2

THIS DAY.

SATURDAY, SEPTEMBER 16. His Honor took his seat on the Bench at ten o'clock. EMBEZZLEMENT. Frnneis Innes, late Deputy Commissary General, was again placed at the bar, when the following evidence was adduced: — Mr. Brookfleld and Mr. Weston, as on the previous day, appeared to prosecute for the Crown. Mr. Wynu and Mr. Hesketh defended the prisoner. Dennis Kelly, examined by Mr. Brookfield, deposed that for some time he had lived in the same house with the prisoner, at Rernuera. Remember the 16th of August. Mr. Innes was from home on that day. He came home apparently very ill and somewhat excited. Remembered receiving a letter from Mr. Innes. Did not recollect the exact words. It was in effect "My dear Denny, there is a bag of coin in the * iron tank near Joe's room." Witness had not had any previous conversation with Mr. Innes about coin. Next morning told Mr. Innes about receiving the note, he said, " That is all right, I am going to send it into Lewis." That was all that passed in respect of this bag of money. The water tank had water in it. I saw a bag taken out of the tank. It had money in it. It was taken out by Mr. MacCormick, the solicitor. (Bag containing the £500 identified.) It was opened by Mr. MacCormick in order to pour the water out. Mr. MacCormick sealed the bag. I told the prisoner so On the Thursday following witness took the bag to Mr. Lewis, at the Commissariat. Received no receipt for the bag. Asked Mr. Lewis to open the bag and count the coin. Mr. Lewis said there was no necessity to give any receipt, as the bag was sealed. Had no conversation with the defendant in reference to the offence with which he stands charged. Cro63-examined by Mr. Bfesketh : Had a conversation with Mr. Lewis on the Tuesday. Mr. Lewis said there was a deficiency in the cash, and Mr. Innes had not kept his appointment, but sent a note —the note which had been read. Mr. Lewis said it was a most unfortunate affair, and wished Mr. Innes had told him on Monday. If defendant had done so all this kind of thing might have b, en avoided. Witness was much excited, and asked if it was then too late. Lewis said, "It isj I have issued a warrant for his (prisoner's) apprehension.*' Mr. Innes told me on the following morning to tell M!r. Lewis that he (defendant) •' was at home if Mr. Lewis wanted to see him." That message was delivered to Mr. Lewis. Re-examined : I wished Mr. Lewis to go out and see Mr. Innes at once. I may have said that I believed Mr. Innes was going to make a clean, breast of it. His Honor : That cau only be a matter of opinion. It is not evidence. Dr. Tussell said that on the 15th August he was called to visit the defendant, and went to his house at Remuera. He was suffering acate p»iin. He was suffering from the effects of a dose of strychnine. He told me that he had taken strychnine. He gave me no reason why be had done so. Heard a conversation between Mr. Lewis and Innes. The latter said something about there being a thousand wrong. NFitness could not state distinctly, as he was writing a medical certificate at the time, and lef.t the room immediately. Gross-examined by Mr. Wynn : I remember telling Mr. Innes that anything he told me as a medical man would be strictly regarded as confidential. It was before this he told me he had taken strychnine. It was publicly reported that defendant took poison; and I siiid so. It was not with regard to that particular that I regarded any communication he might make as confidential Re-examined ; I did not give any information about taking strychnine until I had b^en subpoenaed on behalf of the Crown to give evidence upon this trial. Constable Q-eorge Jeffery deposed that ho executed, on the 17th, a warrant for the apprehension of the prisoner. He was too ill to he removed. Remained in charge of him from ■.Vc.'i is !:ii; lo SnUir.hv, wliVri llvi mil-used •.v.is brMti^hfe befuro'llia Alugislrate. Rcnicm-

bercd a conversation between Mr. Lewis Mr. Lines the following day. Mr. Lewis a **$ he was extremely sorry to see the defendail in his then position, and that there w « J thousand pounds deficiency in his JanuaJ. account. 'J he prisoner said that was the firat and i hat Mr. Lewis would find more afte wards. Mr. Lewis said he was Eorry »W defendant had not come to him the day bef as he iiad promised ; if he (prisoner) had doiwl ' so, thougli he might be severely censured fa, home, yet he might " escape this." -<W)ni Cross-examined*: I did not hear Mr. J^j say he would or could " make it all riohT^ such conversation never took placo i n ~. presence. lie said that he wished be (prisoned had replaced the money in the chest, for then though he might have been censured, he Would escape. I think Mr. Lewis asked why he had not replaced the money in the chest, or some, thing to that effect. This was the case for the prosecution. Mr. Wynn addressed the jury for the d ' fence, and Mr. Book field replied on behalf of the Crown. ' His Honor summed up at considerable length, and the jury retired, but had not re. ' turned a verdict when we went to press I