MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 846, 18 June 1910, Page 14

MAGISTRATE'S COURT.

(Before Mr. AY. G. Kiddell, S.M.) AN AGENT'S DILEMMA. THEFT CHARGES DISMISSED. John H. AA'ood, formerly in business as a land agent at Brooklyn, appeared on remand on tho following charges:— (1) Between February-1 : and February 28 .having received. £9 7s. on terms requiring him to account for the sanie to AValter Alexander : Morrison; he failed .to account for the, same; , (2) Between' January!, and January 31 having received I the. sum of ' £2 .18s. 3d.' on terms requiring him to account for' the same'.to AValter, Alexander Morrison he did-fail to do so, arid (3) Between March 1 and March 31_ having received £5 18s; 9d:- on terms requiring him to account' for the same to Walter Alexander Morrison, did fail to', do so. . ; Defendant, for whom Mr. Dunn',.appeared, ■ pleaded not guilty to each charge. • . . ■.■ ■• ; Detective Cassells,. .'• who conducted tho ■ case ; for the", prosecution, called AValter Alexander' Morrison, fciilor, who stated that ; "he'.'ha'd.'kiiown AA'ood for about two ! years; \ 'For over' .twelve l-month's past: there-had -been an; arrange! ■ment.between .witness, and accused, as 'a-^result of "jfllioh;-'AVopd' collected the rents on .four • houses' which ' witness wa» interested in a't'iKhaiidallsh. The practice was; for AVpod to collect, the rents arid.send a statement of accounts and cheque, less 5-per cent, commission, at'the end of each month. Witness went on to detail the position in regard to the January, February, and March collections, tho subject of the charges. In. reply to Mr. Dunii, witness admitted that tho moneys bad been paid to him this week. Outside of the business arrangement, witness and AVood were friends. Any small.repairs, etc., required at the houses were paid for by AA'ood and deducted from tho rents at tho end of the .month. "In one instanco the payments, on repairs, -etc.', had been more than tho amount AVood collected.' 'AA'ood owned property at Brooklyn, and had been ■'■ in business there , ; He , had now paid.-the money due, and since he had been in AVellington ho freely admitted that he had received the money of which evidence had- been given.' -■■■■. ; : Detective Kemp stated-, that iwhen ho saw accused on his arrival from Auckland he admitted that he. owed tho money \he was charged wifh having failed to account • for, ' and that he should have paid the sums named at or about the,end.of each month. Mr. Dunn raised' two separate Hues of defence: first, that although defendant may have been careless in not settling up'the claim, ho was not fraudulent, and no evidence had been called to show that ho failed to account for the money. Secondly, that, thes informations came' under Section 242 of tho Crimes Act, which provided that if the money formed an item of a debtor and. creditor account between the person receiving the same and tho person to whom he had to. account for or paV ■the samp, and' ,the latter relied only on the personal liability of tho other as his debtor in respect thereof, the : proper entry of such money in such an account should bo. a sufficient accounting for the money so entered, and in such case no fraudulent conversion of tho amount accounted for should bo deemed to have taken place. . Evidence was given by defendant that ho had carried on 'an agency businoss at Brooklyn for three or four years. 'AA'itness stated that he had collected tho rents of tho. houses, and produced his books, which had been left in tho Brooklyn offico- when ho went to Auckland to raise some , money and start business there, which I books showed that ho had received the rents,. and had entered them ,to informant's credit regularly. Ho had not tho slightest intention of defrauding Morrison, but ho had not advised him that ho was going away to start in Auckland. Tho present value of tho properties he held at. Brooklyn was £520, and ho produced a letter giving his representative in AVellington authority to sell these properties and pay any debts ho owed hero. He had received no domand from Morrison for tho money when he was iu business in iiomuora, Auckland, and- heard nothing from him until.the arrest. Had ho known his AA'eUington representative had not squared up tlo account he would havo raised tho money at once. His' AA'orship said "that, according to tho books produced' by defendant, all the moneys collected had been entered, aiid informant had acted on . theso entries as correct.when ho finally ic.ceived the money .from defendant. Tho only' trouble was that defendant did not , pay- over" tho money "each month as ho was expected to-do, and that he had not been as open with informant as ho might havo. been.' He' only -had-himself to blame for the trouble ho was. in.. He, might.easily, ■have explained his position and told Mr. Morrison ho was going to Auckland, instead of allowing room for the. suspicion which was aroused. After hearing the explanation,'the Court was, not prepared to convict defendant., ! J'ho present experience:would,no doubt: m'ako defendant' more careful in these matters "in future The informations .would ho dismissed.

CONDEMNED PEAKS. AVm. George Dlair pleaded not guilty k> having, on or about Juno (i, at AA'ellington, exposed for sale pears infected with disease. Evidenco was given by tho Inspector of Orchards that during a round r.f 'inspection ho camo across a number of cases- of pc-ars offered for sale in an auctioneer's rooms, which pears wero infected with scab and blackspot. Ho condemned tho wliolo line, and made inquiries which traced tho pears to defendant. Mr. Luke, who appeared' for defendant, submitted that tho information must bo dismissed, as tho prosecution had not brought evidence, to show that defendant knew the pears wero infected or diseased.- As a- matter of fact, said counsel, defendant had purchased tho fruit from various growers. His AVorship said it was clear that informant;must prove that'defendant knew tho fruit was diseased when he sent it to market. The information would bo dismissed without prejudice. OFFENSIA T E RUBBISH. Samuel Bray pleaded guilty to a charge of haying allowed offensive rubbish to.remain on his premises so as to cause an offensive smell. Inspector Doylo informed' the Court that defendant, a carter, resided at Dee Street, Island Bay. His premises wero not drained, but ho was at present negotiating with the City Council in regard to drainage. This, however, said Mr. Doyle, was no reason why the premises should not bo kept clean. His 'Worship agreed that tho premises must bo kept clean whether negotiations with the City Council wero going on or not. Defendant would bo lined 205., aiid costs 7s. /VAGRANCY. A well-dressed youthful-looking person, named Frederick Jausen, alias Y'anson, pleaded guilty to being an idle and disorderly person, in that ho habitually consorts with reputed thieves. Detective Cassols informed the Court that accused had been knocking about the town for a month or so, frequenting • public-houses in company with thieves. There wero a number of previous convictions against accused in the south. His AVorship entered a sentence of ,tliree months' imprisonment. OTHER CASES.Charles Anderson . was' fined 55., and costs 75., for allowing the r chimney of the house which he occupied to catch fire. ■' . . . Peter Millett appeared on remand on a charge of helpless drunkenness. Defendant admitted having had a few drinks, but ho did not know, how he got' into the state he was in. He feared that he had been drugged. A conviction and order to pay medical expenses, 17s. 6d., was entered. Two first offenders were fined 10s., and two were convicted and discharged. ■ ■ ■"