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RESIDENT MAGISTRATE’S COURT.

Thursday, February 12. (Before H, S. Fish, Esq.,J.P., and A. Mercer, Esq., J.P. Drunkenness.—Wm. Munro was fined 10a or 48 hours’ imprisonment; Catherine M‘Donaid, a very old offender, 40a or 14 days; James Stratford, os or 24 hours; James M'Vitter, 5s or 24 hours; James’ Burt, 5s or 24 hours. Larceny. —John Blair, on remand, was charged with having, on the sth January, then being a clerk in the Supreme Court, stolen the sum of L 99 18s Bd, the property of the Queen. Mr Joyce defended. 'J he following evidence was given Colin M. Gordon : In my capacity as deputy-registrar on the 3rd January last I received a cheque for L 99 18s Bd, drawn by Messrs Gillies and Street on the Bank of New South Wales. I do not know to whom it is payable, bub can identify it if it is shown to me, [Cheque produced.] This is the cheque. I kept it in my possession till the Monday morning following (the sth of January) when 1 handed it to the Registrar, Mr Ward. I know a book galled ih.e trusts of law cash-book.” The book now produced is the one to which I refer. It is usually kept iu the Supreme Court office, the room which I occupy. 1 know prisoner. He always sat in my office He was suspended on Wednesday, the 4th inst. The cash-book to which I have referred was in my office on that day. I missed it on frho following morning. Prisoner’s duties in the office were varied. He was generally em. ployed in copying work and in going to the Bank with money, bringing back the receipts to the office, in turning it over in my mind I think X mis-stated the time on which the cash-book was missed. I think it was on the morning of the 6th that I missed it I remember prisoner being sent to the Bank on the morning of the jjth January with the cheque to which I have referred, * to bo paid into the Trust Fund account By Mr Joyce : 1 believe that Mr Ward directed accused to take the cheque to 'the Bank, but I am not prepared to swear I beard Mr Ward tell him to take it there.—Edward ff. Ward, Registrar of the Supreme Court: Accused was a cadet iu the service of the General Government up to the morning of the 4th February last. His duties were to act as cleik and perform such work appertaining to the office as he was told to do by myself or the deputy-registrar. He had been sent by me to the Bank before that day. I remember Monday, the 6th January. The staff in our employ on that day was the deputy-regis-trar, accused and Henry Wadie, the crier of the Court. The criminal sessions commenced on the morning of the sfch ult. On that mornmg Irece Vida cheque from the deputy-regis-trar. The cheque now produced and marked “A is the same, 1 procured a pay-slip an'l a treasury-voucher, similar to that now produced. Having filled in the voucher, I directed accused to go to the Bank and pay it in, Isaw him about two hours afterwards. When 1 gave him the cheque 1 entered it into the book as “ paid into the band L 99 IS Bd.” I also entered it into the Court of Law Trust Moneys Account Rook. When I saw him after returning from the bank. I said, “ Well, did you pay that money in ?” He replied] “Yes, its all right. ” I told him to put the voucher in the cash-book. He produced the receipt from his pocket, which I cursorily examined. It seemed like the ordinary receipts, and appeared to hare been signed in the usual way. The Trust Account Fund is generally audited about the 3rd or 4th of the month, not later than the 4th. On the 3rd instant I told the accused to get the account made up for auditing. He said he would get it done. 1 then saw the cash-book in its proper place in the office. I subsequently found the account had not been made out. On the next day I had occasion to find fault with accused, and subsequently suspended him. On the day of accused’s suspension I saw the cash-book in its place. On the following day, or the day after, wanting the cash-book, I went to the office tp look for it. 1 found it was gone. X ,thes yrent into my own office and obtained the ‘ ‘,Courts of Law Trust Moneys Account of Supreme Court” cash book. In that book I found an entry of L 9 f 18s Bd. I proceeded to tbp Bank of New | Zealand, and from inquiries made, I aacer- \ tained that the cheque representing that sum and referred to iu this case had not been paid into that or any other fund. I then placed the matter in the hands of the police. Henry Wadie, usher of the Supreme Court: I know the accused. I also know the Trusts of Law Account Book, I re- I member accused’s suspension. On the morning after his suspension, I remember his '

returning to the Supreme Court offices a about nine o’clock. I saw the cash-book in the office within a day of his suspension. I missed the cash-book next day. —By a/ y 0^00: i 3 possible that Mr _ ard may have taken the' book into ms own office before I missed it,—Eliza beth Fleming, daughter of Michael Fleming, proprietor of the >*-outh Australian Hotel, remembered accused leaving a parcel consisting of a book with her on the oth inst. The book now produced Bis the same. It was sub? equently handed lothepolice —Mountedconstable Henderson received the cashbook now produced on the afternoon of the Oth mat. from witness.—John C. Esther, clerk m the employ of Messrs Guthrie and Laruach : I know the accused. Prior to the oth January he was owing me money. On the morning of the sth I. asked him for the amount, which was LID. About noon on the same day I found a note at Mr Brodrick’a office from the accused. 1 have not got that note. It contained the cheque now produced. I paid it (in to my account in the Bank of Australasia. I subsequently saw the accused on the same day. He told me caeque belonged to a friend of his from the country named Mr M‘Leod; that he had met him that morning ; but as the cheque was crossed it was of no use to him, as he had not a bank account. The prisoner said he was asked who would cash it for him (M'Leod), as he wanted some money to go on with immediately; that he (the accused) had taken LIO out of his pocket and handed it to Mr M‘Leod, saying that he would get the balance afterwards. I paid accused a cheque for L2O the same afternoon. He said it would be enough for ,Mr M'Cleod to go on with. On the 7th he got two cheques for L2O each, telling me that they were to pay two accounts. On the 10th I gave him another cheque for LIS ; and on the 19th I gave him the balance L16.~ The ate this cheque ?—Witness : Because 1 believed the cheque was for Mr M‘Leod.—By Mr Joyce ; The LlO deducted was for board and lodging and money lent.—Thos. William Frost, teller of the Bank of Australasia, stated that John U. Esther had an account with their bank. Witness produced his pay-slip for the sth January, On that day a cheque for L 99 18s 8d was lodged to his credit. Would know the cheque again. The cheque produced is certainly the one peid in by Mr Esther on that day,—John L. Horsey, clerk in the Bank of New South Wales, said that Messrs Gillies and Street banked with them. I recognise the cheque now produced, drawn by them on the Bank lor L 99 18s BJ. The account was was debited on the 6th January, and presented by the Bank of Australasia, who received the cash in the usual way. —.Prisoner was committed for trial. [Left sitting.]

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/ESD18740212.2.11

Bibliographic details
Ngā taipitopito pukapuka

Evening Star, Issue 3425, 12 February 1874, Page 2

Word count
Tapeke kupu
1,375

RESIDENT MAGISTRATE’S COURT. Evening Star, Issue 3425, 12 February 1874, Page 2

RESIDENT MAGISTRATE’S COURT. Evening Star, Issue 3425, 12 February 1874, Page 2

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