MAGISTRATE'S COURT

Dominion, Volume 12, Issue 95, 16 January 1919, Page 7

MAGISTRATE'S COURT

ALLEGED FALSE PRETENCES A CHARGE DISMISSED Mr. W. G. B-iddeli, S.M., presided at llio Magistrate's Court yesterday and dealt with tho police «uses. (Arthur Alexander Holfler, an extramway conductor, for whom JUr. H. l< , . O'Loary appeared, was charged that on December 27 at Wellington ho did obtain tho sum of £12 4s; 3d. from tho AVellington City Corporation Tramways by means of a false pretence. IJetective-S'erucant Cox prosecuted, and said that accused had boon a conductor in tho tramway service and was discharged on December <1. lie prey sented himself at the offiuo in Harris Street and was paid tho sum due to him for wages on December 5. On December 27 ho again presented himself at the office and claimed his wages and was paid £12 4s. 3d.

Leslie Taylor, chief clerk in the tramway office, Harris &treet, said that the accused had been in the employ of the tramway service as n conductor for about two' months. On December 5. accused came to the offico and presented a sealed envelope, which witness opened, and found certain papers referring to wages '. The accused,l was the man who presented the envelope and received tho money, wliioh Was borrowed temporarily from the cashier, who held the signed documents. Owing to tho holidays, tho shortage of staff,' and other matters these, dockets wore not attended to for sometime. Heftier camopersonally to tho office on December 5 and signed tho receipts in the presence of witness. . George Fuller, clerk in tho Tramway Office, "said ho remembered tho accused coming to the office on the date mentioned. Witness did not actually see the previous witness pay tho money 'over to tho accused, but ho saw the lattor sign n paper. Ho was-jjositive Heftier was tho man who camo to the office. ■•■•■• Ernest H. Mihifie, -clerk in the traffic offico, said accused was discharged on December 4, and came to the oflico on ;tho following day" and returned his uniform. Heffler received Ifrom witness two dockets, one for 'wages arid the other for a- week's wages in licit of notice,- the total amount being £12 4s. 3d.' Witness placed tho dockets in an envelope "which was addressed "Mr. Hoy Or Mr. Taylor." Qn or .'about December, 27 the, accused oame to. the office alfarn and claimed his wages. ' Witness asked him what ha<l becdme of the dockets he had already received, and the. f.ccused said he had either lost or mislaid them when he left. for. .the . country in a hurry; Witness communicated with. Mri Hoy by .telephone,, and as a result of tho conversation witness made out. dockets and- . : placed. them ; iu 'an envelope, whioh was handed to accused.Witness did not know'that acousod had already been paid. . •" "Frederick : Hoy-, Wages clerk at the framw.iy office, >id that on Decembet 27 accused came .to tho offico and asked, about ilia epidemic pay. Ho was.referred to - tho traffic office to obtain the necessary dockots. Witness asked the accused If ho had been ficruarcdup, and tho latter -replied that he did not know, afl he had been-away.'-Accused 'went away and later camo back with tho necessary dockets and was paid £12 4s. 3d. One docket was for £9 fis. lid. nnd the other, for £2 ] Bs. -Id. -Detectivo Torraiice said that...he arrested tho accused on warrant. ■ Tho man admitted- being paid hy Hoy/but denied being paid )7y Taylor. .- ■•• ForH-he defence, Mr. H. I' , . O'Leary said that all along'Heffler liadnot denied' that he had received this- money from Hoy; bub had consistently denied having received the nmo .nit from Taylor. An enquiry was held , : nto- tins matter' by tho general manager, and Helfler could have squared up by.paying tlio. amount, butjjo felt that to do so would reflect,on .his.character, and :]ie-therefore preferred-to lot tho matter go into Court; When Heffler leftvthe service he took his uniform to- tho office ■ and : received his wages dockets, which ho'signed and •placed in an envelope. This envelope he thought ho had placed in .his. pocket, .but, as a matter of fact, he .must have rolled, it up with tho uniform or mislaid it or lost it in some way." The dockets mint have been secured by some other person and prosentixLfor payment." ■ .-. ■ Tho accused, in giving evidence on '"his own bohalf, said he was a carpenter by trade and was'at. present working at Scots-College, Miramar. He was 22-years of age and had heen.in. Isew Zealand -for. about seven months,.'having come from Australia.- He .enlisted ■in 1914','when lie-was about 18 years of ago: arid'was now' a returned^soldier., Ho:]iad Vera in.the trwnway. servico for'abbttt. two months Heffler explained that when.. he handed in-Ins •uniform 1 he received two dockets from Mr; Mihifie, which he signed. He. ■'■thought'he plated them in his pocket. He then wont'oilt to Newtowil and m tlio .afterrippn- went to Miramar to -seo 'if Ho. -coiild "get a job at the college building, and tho following day he started work there. He did. not go to 'tho Harris Street offico until December 23 He saw Mr. Hoy on that occasion, -and said ho had come for his pay. Mr. Hoy said there was a pay envelope waiting for him, and asked if he. had his dockets. Ho .had not the dockots, and Hov then sent him to tho traffic office. "Ho saw Mr. MimHo at. the Lambton office, sind was told- that lie had already had the dockets; witness then remembered the matter, and told Mr. Minifie that-he had lost . them. Ho' obtained duplicate dockets, and went back to Harris Street, where-he. was paid by Mr. Hoy. Mr. Taylor was present. jU tjie inquiry it was sugßosted 1 should pay up the amount, but he refused to do so, because ho had not received the money twice over. . . . The Magistrate, after reviewing the evidence at some longth, said thero was grave doubt, and, tho accused must be alleged the benefit of tlio doubt. Tho information was accordingly dismissed. •' ; ON CHRISTMAS MOHNING. Two young men named' Arthur Barnes and William Donaldson Henderson were charged that on December 25 they did wilfully damage a plateglass window and a door, to the extent of £59 3s, Bd., the property of Mr. B. Moult. Mr- !'■ »• Jackson appeared for tho accused, and Sub-In-spector Kmcrson prosecuted. Pain Colevas, a waiter in the cmploy of Karantze Bros., Cuba Street, said ho was 'in tho dining-room on the morning of December 25. The two accused nnd two others came inside, and ordered steak and eggs. While tho meal was being prepared they went outside, iiud when they returned they were served the meal by Mrs. Knrantzc. Tho men refused to take tho food, and also refused to pay, and when asked for an explanation of their conduct, Barnes seized Mrs. Knrantzo by the shoulders and pushed her Lhrrmgn a. door. Tho men went outside, and witness saw Barnes kick the door, and the glass wan sent crashing, and almost at tho same timo Henderson kicked the plate-glass window, shattering it. Tho two then crossed tho street, and one- of them called out, ''New you've got all tho moiin,v_ you want from us." Constables, Withers and Cox enmo upon tho scene shortly Vftenviirds, and both tho men wuro iir-. rested. The other two men cleared (./F whcii they saw the. door kicked. Barnes was not pushed out ol tho dcor, nor was there a fight in the diningroom.

Joseph Knllinikos said luv was a waiter employed by Karantzo Bios., and was present on'tho occasion. Ho saw Henderson smash the window with n kick, but ho did not soo Barnes kick the door.

Edwin Moult said he was the ovner of tho property, and 1 thotdamngc was assessed at £59 3s. Bd.; that was what it would cost to effect repairs.

Constable Cox said that when Ban.'cs was arrested he said all that lie Knew was that in the shop someone had hit him with a stick. When being taken to tho station, Barnes complained of his foot hurting him, and an examination showed that the right boot vas cut about and was full of blood.

Constable Withers said he vas in Cuba Street about 1.20 a.m. on December 25, walking from Veitch and Allan's towards Karantze Bros.' shop. Ho saw both accused, and noticed Barnes moving about tho doorway of Karantzo's shop, and saw Homlcrjon kick the window. He mot Barnes coming up the street, mid Barnes said he had been hit with a. bottle. Henderson ran down tho street, but camo back'later on, nnd wanted fo ki:ow what had happened. Witness i:ceiised, Henderson of breaking the window, which ho denied, nnd said he luid just come along to seo what had taken place. Henderson wns arrested and taken to the • station, whero it. vr.s found that, his right boot was cut. The accused pleaded' not guilty, reserved their defence, and'woro committed to the Supremo Court for trial. Bail was allowed in £40 and one sur«ty of £40 for each accused. , ' OTHER CASES. For insobriety Percy F. Bennett was fined 10s.', and Ernest- Knopflock was fined £3, with the option of fourteen days' imprisonment, for using. obsceno language on Lambton Quay.