RESIDENT MAGISTRATE'S COURT.

Evening Star, Volume VIII, Issue 2151, 29 March 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

Tins Bay. (Before A, 0. Strode, Esq., 11.M.) CHARGE OK EMBEZZLEMENT. John Creagh was brought np on remand, charged with embezzling 1.114 Is. Mr James Smith conducted the prosecution, and Mr Barton appeared for the defence. Mr Smith, having briefly stated the case, called George Cook, solicitor, Dunedin, who said the prisoner had been in his employ about seven years, as conveyancing clerk. He left his employ on the 29th January. He had a salary of L4OO a year, paid weekly. Witness knew Thomas Miller and George Pryor. He was not personally acquainted with Miller until recently, when he was professionally employed, In 186S a'mortgage was prepared in his office pf some leasehold property at Mosgiel to Mr Miller, which Mr Donelly leased from Mr A. J. Burns, The mortgage was dated 10th August, 1868. It was to secure payment by Donelly to Miller of LIU7 on the 17th of May, 1869, w-th interest at 12 per cent per annum, payable half-yearly. That mortgage had been prepared by Mr (,'reagh, and signed by Donelly in his presence Donelly, by doed dated l’2th February. 1869, assigned Ids estate to Messrs Secular and Wilson for the benefit oi his creditors. They, as trustees, sold tbe estate to George Fryer. He did not remember whether he was professional agent to George Pryor. Pryor did not obtain an assignment of the equity of redemption of the mortgage when.ne purchased the estate of Donelly. A letter was addressed to Mr Miller, dated 18th May, 1869, and given by him to witness, as follows :—“To Mr Miller, Post Office, Hokitika.- At the request of a person who has purchased Donelly’s estate, I write to know whether yon are inclined to allow the LlO7 to remain on mortgage another year. If not, let me know by telegraph.--(Signed) John Ckeagh, pro George Cook.” Witness did not recollect receiving a reply, but the following note was found among his papers : --“Hokitika, loth February, 1869. Dear Sir,—- Having received a note from Donelly wishing to know if I should requite principal and .interest duo 17th May, 1869, I e uiiiminicate to you to the ehect that I shall require principal and interest due at that date. A’ou can remit through the Bank of New Zealand.—(Signed) Thomas Miller.” Mr Creagh gave as a reason for not executing the deed that Mr Bums had not returned from Wellington. He considered that was not a valid reason. All that was necessary for repayment of mortgage money to Miller, was an assignment of a deed executed by Miller and the trustees of Donolly in favor of George Pryor. Tho reason assigned in the letter was a false reason. Witness had never seen nor could he find a letter from Miller to himself dated sometime in December last, pressing for payment of the money. He first became aware that Miller had not received his money by finding costs not paid shortly after Mr Creagh left. Witness -went over his books and found the draft of tbe original orders and a draft of tho mortgage from Donelly to Miller. There was no communication from Milltr, There wore only two letters, one dated Nov. 12, 1868, ami sth February, 1869. Witne s since hail an interview with Miller, and on Saturday last paid him the full amount of his principal and interest. Witness found on enquiry that a new lease had been prepared from Mr Burns to Mr Pryor. He produced the lease. It was for the same premises as the original lease. He supposed it was prepared by Mr Creagh, and was

attested by him. There was no date. The name of John Creagh, solicitor, was written upon an erasure at the bottom of the endorsement. The amount paid last Saturday to Miller, was L 124 7» 7d, being the principal and interest, calculated Up to the date. LI 14 Is, was the principal and interest due on the Bth June, 1869. He was not aware that LI 14 Is had been paid to any one in his office up to th; time of Mr Croagh s leaving. The books kept in the office were cash book and ledger, which he had carefully examined, and found no trace of any entry stating the money had been received. The new lease in favor of Pryor was not dated, apparently being purposely loft blank, as it would not be operative until the surrender of the old one. George Pryor, licensed victualler, at Mosgiel Hotel, knew Thomas Miller and Mr Creagh, whom he had seen at Mr Cook s office. He purchased Donelly’s estate from Messrs Scanlan and Wilson. [A. memorandum of agreement for the purchase was produced and read.] That was the only document ho held. When the moitcage was called in through Mr Sconlar, he wem to Mr Cook, who referred him to Mr Creagh, who, he sai l, would do what was necessary. That was in May last. He asked Mr Creagh if the mortgage could lay over another twelve months. Mr Croagh said he would write to Mr Miller and ask him to allow it. He did not sco Mr Creagh again until June 8, 1899, when he paid the money. He paid LI 14 Is in large notes. He thought they were mostly Bank of New South Wales notes. Ho had received a couple of letters prior to that time. Ho took a receipt from Mr Creagh for the money, signed for “Thomas Miller, John Creagh, pro George Cook.' 1 Witness asked when he could get his lease, and prisoner said it would take five or six weeks to got it stamped and registered. Hs had called frequently since about it, when Mr Croagh’s answer was that Miller was at sonic of tho out diggings near Hokitika, and he could not get his signature. The last time he called was some time in January, when he told him he would take legal advice either from Mr Cook or some oilier one ; when Creagh said he would write off at once to Miller, and get it done. Creagh stated two or three times that ho had written to Miller, asking him to sign the deed, in order to get his title. After re* ceiving a letter, dated 16th February, advising of the deed being executed, and abating that Mr Creagh had left Mr Cook, witness called at his office, and executed the deed produced. Mr Creagh read the document, ami said it would require five or six weeks to get it stamped an I registered, when the whole question would bo settled. He said nothing about it being necessary to get a deed executed by Miller and Donelly’s trustees. Thomas Miller, a miner of Westland, had lent Donelly LlO7 at 12 per cent, interest. On 12th Nov. 1863, he wrote Mr Cook, and again 15th February, 1869, stated that^he should require the amount lont on the 1/th May. He wrote aga : n some time in Deceniber last. He did not get his money whi’e at Hokitika, but received it from Mr Cook with interest last Saturday. He _ received the letters produced by Mr Cook, signed for him by Creagh, which he gave to Mr Cook. He received a post office order in May, 1868, for tho half-yearly interest hut no other draft whatever from Mr Cook’s office. He received no advice from Mr Cook’s office that tho principal and interest had been paid in, nor any deed of release from him to sign in anticipation of receiving his money. James Marshall, clerk to Mr Cook, was in his employ in June last, Mr triage was in the habit of sending him to the bank with moneys to pay to his private account. The slip produced stated that LI 15 was paid by him t > the private account of Mr Creagh. at the Bank of New South Wales on the Bth June, 1869. Witness had previously received it from Creagh. James Macassey, barrister of the Supreme Court, had an interview with the prisoner at his office on the 21st February last. He told Creagh he had sent for him in consequence of having received some papers from Mr Cook. Witness showed the papers to him, the material one being a copy of the receipt already referred to. The other papers were a scrawl inside of an envelope from Mr Cook to hira'-elf, asking him to attend to the mat ter ; the third the copy of a note from Mr Creagh td Mr Pryor. He read over the receipt and asked an explanation. Creagh said tho money was remitted to Miller at Hokitika upwards of twelve months ago. Witness said, “Do you mean that it was remitted through a bank?” He said, “Yes, it was remitted through a hank in Dunedin. 1 have got the second of exphiiigc j | believe it is at home, and I will oa.ll in tho morning and shew it to you.’' Witness said, “ Well, then, Creagh, I am to tell that to Mr Cook, am 1?” Ho said, “Yes, that is so;” and witness wrote out a memorandum to send to Mr Cook, Hie prisoner had not calied since, nor had he seen tho second tf exchange promised. He did not scud the memorandum, as be saw Mr Cook about an hour afterwards. Edwin Hanson Paul, accountant of the Bank of New South Wales, identified the deposit slip for LI 15 paid to Creagh’a private account. No draft had been issued payable to any party at Hokitika for Mr Creagh. Drafts on Hokitika are not granted in sets, but in solas on demand. Walter Gibbs, clerk in the Bank of New Zealand : The prisoner had no account at that bank. Witness had examined the books of tho bank since January, 1869, and found no draft had been issued in favor of Mr Miller at Hokitika. All drafts for Hokitika were issued in sola, and payable on demand. Mr Barton, on behalf of the prison' r, said tho defence wouldfbe reserved. Creagh was committed for trial at the next session of the Supreme Court. Mr Barton said lie should lie prepared to tender bail, to which the counsel for the prosecution raised no objec tinn. (Before J. Fulton, Esq., K.M.) AFFILIATION. Margaret Renton v. Glen.—This was a claim by the woman for the maintenance of her illegitimate child, of which the defendant was stated to be the father. The complainant said she became acquainted with the defendant about three years ago. The complainant not being provided with evidence, the case was withdrawn.