MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 732, 3 February 1910, Page 9

MAGISTRATE'S COURT.

(Before Mr.: W: G. Riddell, S.M.)- ■ / OPERATIONS IN PIANOS. EIGHTEEN CHARGES. EdwardJolmFalkincr 'appeared-on remand, chargcd, on eighteen -informations in connection with: the theft of .a numberof pianos, tho property of : Williain Henry Webbe, of 'Auckland.v There .were seven allegations of theft of pianos"of' an' ag-, value !of - ;j6807 ; six charges; of having received a : total sum of <£'<!87 on terms ; requiring :• accused ,to account for same: to' William. Henry Webbe, which it was alleged he fraudulently omitted to. do.':' It' was. further alleged; on separate informations ': that: I forged: the names; of David Mason, Henry',-Buddie, James Henderson,: Louisa Robertson, and C; , Vincent to documents / purporting to be' agreements '; with Mr. Henry , Webbe." Mr. Jjuhn vappeared'. for accused. , Wm. Henry Webbe,'^manager 1 of the London and Berlin Piano.'Company, of Auckland, stated that he kneiv tho accused • as* his .Wellington agent." Accused also traded, as • the': liondofc'Piano" Company on his:own account. -Consignments of pianos had been sent to accused rcguinrlyinhis positionas! agent.; He .was instructed, - ' however, not- ; to ■ dispose •of any of:the'piaiios-without the authority of .witness. - After" detailing business arrangements between himself .and accused, witness, stated that accused simply ■ acted as agent and nothing else. -.Witness ar 7 rivecl-liere on January 8, and. on the same evening visited accused's ■ shop.' That oveuing ho checked the: stock...-He found evidence of irregularities.- _„ ' ■ . • Anne Brenriah,: shopkeeper in Adelaide Rood, , stated .that early in 1909, she . purchased a piano from the accused on-the hire system. , Eight ;or nine months ago the piano was taken, awav, from her as. she, got behind ,in'her payments.. .:She subsequently ; received a letter, arid the. accused,called and ; asked her for it. She remonstrated -withhim about the letter coming to her from Auckland after the piano had 'been .taken: away. Witness never , opened the,, letter, but • handed. it to the accused as asked. : Francis Endlundh,. residing at Dixon Street, stated that on December 8, .1908, she got a; Spencer: piano ' on : the , hire system' from, the accused.* Witness got' behind in: hor [payments, and. accused came and stated that ho'had received ; instructions from headquarters, to take it away from hor.' That was on November.3o last, and she had paid JSG 10s. altogether. ■ , Walter Smart, . pawnbroker, - Willis Street, said he had known the accused for fifteen years in connection with' the. London Piano Company. 'On October 19, 1909,' he received a Spencer piano pledged by the accused for ,£2O in his own name. Accused did not tell him about. any bailment on the piano. lie (accused) represented that he owned the piano. On November 2 last he lent accused' .£20.0n a Barrett, and Robinson pinno. ' Oil December 7 last ' accused pledged a Spencer piano for .£2O, and on December-8, ho pledged another Spencer piano for .-220. All of-tho. pianos ho represented as being his 1 own. ' : jielade Bitossi, piano-tuner and repairer, ' residing at Brooklyn, also . gave evidence.

' Maurice Leon Marris, manager for Mr. TTruhauf, Cuba Street, said he knew accused who, on January 25 last year, pledged a Spencer piano for <£15 and witness still had it. Accused said that the : piano was his own property. John S. Swan, architect, said that on May 22 last year ho purchased three pianos from accused at <230 each. Som«

timo afterwards accused came to his (witness's), offico 'and stated , that ha' conld sell one .of the pianos. Subsequently two-of the pianos 'wero taken awaj' by: accused. Witness had hot received any payment for them. Frank Holdsworth, solicitor for.. tho previous witness, and Robert Pearson, auctioneer, Manners . Street, were also called.

John 'William Reade gave a detailed account of tho conversation ■ which lib had withthc accused on January 12 last, wherein- he - (accused) admitted having sold pianos for cash, rind entered them as being sold on the hire system. - Accused also informed witness that he' expected :-'to-be arrested for issuing valueless oheques, and witness .raised- and lent him .£3O to-help him out:of this.particular difficulty. --Accused also admitted to witness, having, made thirty-five bogus entries in the ledger over the salo of pianos..; .., '

Tho case was adjourned-. at 5.20 p.m. till Wednesday next. .: .' ' ■ Bail was fixed at one surety of ,£l5O, and two 'others at ,£75. , . \ ..V. MISAPPROPRIATION. ' . Alfred Frederick Stevens.was .charged on five informations of having appropriated sums of money totalling ,£6 ss„ the property of his employer, - Charles John Duffy,' dairyman. Accused, who was |represented by': Mr. Buddie, pleaded guilty to each charge. . .; . - His Worship imposed a sentence of .one month's; imprisonment, on :each charge, the sentences to; be concurrent. i OTHER CASE. : . George Harley was deemed to bo an habitual drunkard, 1 and was ordered to Pakatoa Island for' twelve .months. ,