Wanganui Supreme Court

Feilding Star, Volume XV, Issue 286, 12 April 1894, Page 2

Wanganui Supreme Court

Wednesday, 11th Aphil. [Before Chie^ Justice Prendergast.J LABOBInf AS A BAILEE. Arthur fliekford was charged with the larceny, as a bailee, on December 23 rd last, of a certain document — to wit, a cheque valued at £36, the property of C. Frankhaussen. . Prisoner pleaded not guilty, and was defended by Mr FitzHerbert, of Pelmerston. Mr S. T. FitzHerbert, Grown Prosecutor, conducted the case for the prosecution. .-.-.. ...;..:.„_,,,,.. .„.#, The following jurors were enopaunelled ;— G, Byres, J, Siddel], M, Hogan, F. J. K'nox, G. H. Claphain, T. \V. Howie, J. Milljgan, J.^. E, Sinclair, J. S. Morton, J.lShaw^WrG. Tilley, and E. G. Harding. Mr Sinclair was foreman. In opening his case, Mr FitzHerbert (Crown Prosecutor), said prisoner was charged with the larceny of a cheque, and a further count - that of stealing - a piece of paper' — was added.; That was merely formal, and was generally added to indictments of that kind. The circumstances of the case, were briefly these: — Accused, with ofie or two of bis brothers, conducted the business of storekeepers at Rangi- - wahia (about 40' miles distant from Feilding). The father of the prisoner, Mr Hickford, senior, conducted a store in Feilding itself. Rangiwahia was one of those recent settlements where there was no such thing as 'ft/ bank, and the settlers, as a rule, made a convenience of their neighbors' visits to Feilding to transact their banking and other business. On the 21st December Mr C. Frank'iaussen, a settler in the district, saw the prisoner at Ins store and asked him when be would be going to Feilding. He (Hickford) said " shortly — probably next day." Frank haussen accordingly asked rhim if he would pay in a cheque to bis (Frankhaussen's) credit at the Bank of New Zealand at Feilding. Prisoner said he would, and in due coursf returned the bank receipt. It appeared, also, that Frankhaussen gave prisoner a further sum of £2 13s, with a request that a certain insurance policy should be paid by him. There, was no charge in connection with this, 'but it was a matter which might crop up in the course of the proceedings. Prisoner went into town ovr the following day (December 22nd), and | on the next day (Saturday) went to , the branch of the Bank of New Zea- ! land, on which this cheque was drawn, but instead of paying it in, in the ordinary course off business, to Mr ! Frankhaussen's credit, he cashed it together with another cheque, and put the money in his pocket. Prisoner remained in Feilding the next day (Sunday), and on two occasions asked his father to take charge of some money in a purse, - On the Monday morning early prisoner left Feilding without the knowledge of his family, and under rather peculiar circumstances. He arrived at Sandon, where he had breakfast at eight o'clock. He left again for Bulls, arriving there at about eleven o'clock and took the train from Greatford to Wanganui, arriving there by the mid-day train. In the train he met a friend of his (Mr Marshall) with whom he had some conversation, and , to whom he gave two cheques to take back to his father. Neither of;these cheques, howeveiy were the subject of this transactKHJu: On 'his arrival at Wanganui he was arrested, and money amounting to £74 15s was found on him. The position then Wag this : Prisoner was perfectly right in receiving this cheque, but the moment he converted it to his own use it became larceny. He received it for a specific purpose, and had ample opportunities of paying it into the credit of Rnnk- . haussen as directed. But he did not do so. He cashed the cheque, put the money into his pocket, and started away early on Monday morning under unusual, even ' clandestine, circumstances. The train passes Feild* ing, and so his journey, to Bulls rather indicated that he did not wish his whereabouts to be known. It might V be added that the /father of accused had placed the value of this ehequft— £36— to Mr Frankhaussen's credit within a week, so that he (Frankhaussen) was not a sufferer. However, that, as a matter of law, had nothing whatever to do with the case. If a person committed an oflence against society, the fact that his relations wished to make good the mischief done by him had no real bearing on the case. There was one more feature he wished to mention in connection with this matter. It seemed that prisoner had met with a disappointment in an engagement he had entered into with a young lady — that the engagement had been broken off, and that he (the prisoner) was desirous of leaving the district. That, however, was somewhat immaterial, but the young lady would be called as - a witness, and a letter written to her by prisoner would be produced. He would proceed without further comments to call evidence in support of what he had outlined. C. Frankhaussen, R. H. Bayley (bank clerk at Feilding), H. Hickford, senr., David Lang, John Signal, C. W. Marshal], J . H. Stevens, Mary Lundon, Constables Tuohey and Sherman, had given evidence up to the tioie the Court adjourned, from one to two o'clock, the above closing the case for the prosecution. In her evidence, Mary Lundon said she lived at Makino and knew accused. Remembered writing to him on December 24th. Her engagement with " him had been partially broken off before that. Did not think accused was going to ieave Feilding ; he said he did not think he could live in Feildiug if he did not walk with her. Her brother took the letter to accused, and she saw him last on the 22nd inst. The Court adjourned at 1 p.m. for lunch. r i --*-'- •* : - Upon the Court resuming, the Crown Prosecutor addressed pie jury; For the defence, Mr H7S. FitzHerbert asked the jury to remember that the facts were not disputed. The question for them to~txrasid.er was whether the accused was guilty" ot_^ felonious intent. There was no doubt the accused had other work to do, and being busy had left the bank matters until business at the railway station had been finished. Tlio jury returned a verdict of " Not Guilty." In the other case against the ac? cused the Crown entered a nolle prosqui,— Chronicle.