"MONSTROUS."

Dominion, Volume 2, Issue 488, 22 April 1909, Page 4

"MONSTROUS."

.7 MAGISTRATE'S REMARKS IN-AN' •.; AUCKLAND CASE.;,- ; (BY TELEGRAPH—TOESS ASSOCIATION.) • i ■'•■ Auckland, April 2L ; George Ai Elley was charged at the Police, Court to-day that on or about April 19, being a ! partner in the firm trading as Elley and Coulson, ho stole £12 10s. 9d.. of the moneys of tho partnership. 7 . : '7 : ,'■ ';■ Job Coulson said that lie spoke to accused respecting a contract, and they agreed to do 'the work: on. half profits as partners. "They carried out certain works on this ! arrangement, Elley adjusting the contracts; There waa no talk of witness receiving wages.' He was to share in the,profits.! The■ defendant received air the money.- On April 19 .witness spoke to Elley about his share of ! the profits, and accused asked Witness to wait until'next morning. ■'-, Another interview occurred later in the day in the presence of a constable, when accused denied that he had hada partner,, and witness would have to send in a bill for wages, which would be paid. Coulson declared that ho.would not.trouble',with.'a bill, and would summon Elley. ~ Mr. Kettle,' S.M.: Why didn't you summon him in tho ordinary way, instead of; laying a oriminal charge?. • "".'-.. Witness: Iliad no time, and I had reason to think he'was'going away by the boat to Sydney'.that night.' ■'".." ~ , ' Cross-oxamined, witness said that tlio constable he first spoko: to told hini that- his remedy was-a'civil' one. Then he went to •tho detective office and laid a complaint, and afterwards swore an information, a warrant being signed by a Justice of tho Poacg. Mr. Kettle: Did yon take any advice before .laying, this criminal'charge P 7' .- Witness: Oh, no. . , ; Mr.; Kettle: Why'did you lay the charge? ; 'Witness: I wanted to get my, share of. the money. Mr. Kettle: You'did not think ho had committed a criminal offence? .Witness: No, but I thought ho was going to Sydnoy. .; . Mr. Kettle:'Yoirwanted, to get payment, and not to punish Elley for an alleged crime which you thought ho had committed?.. Witness: Yes; I did not want to injure tlio man. .'-.'■■ .7 ■.;-• 7

Mr. Kettle: I think it is a monstrous pro-; ceedini; oir his own admission.' A. man lias' no right to invoke the criminal law in such .a. case. Proceeding, Mr. Kettle said ho did not think it necessary to'take" up: anymoro timo with the case. The informant admitted that his solo object in putting.the criminal law in force was not that ho: thought the accused had committed a criminal act, hut because ho wished to force Ello)- by criminal process to pay some money which ?io (tho prosecutor) said was duo to him. Tho information was dismissed.'