MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2057, 7 December 1907, Page 1

MAGISTERIAL.

FRIDAY. DECEMBER G.

1 (Beforo .Sir W, A. Barton, S.M.) Drunkenness.—W'dlia m Thom as Rogers was charged with being drunk in n public place on the sth inst. Accused pleaded guilty and was conyieeed aiid fined £1 with costs 2s, in default ‘lB hours imprisonment. Procuring Liquor.—On a furfche” charge of procuring liquor while under prohibition, Rogers was convicted and fined £3'with 2s costs, in default 14 days hard labor. ' Alleged Theft.—John Godfrey was charged with having on or . about November 27 stolon two cheques of tho value of £3 13s 9d and £5, the property of the lato licensee of tho Turanganui Hotel, —Detective Mach dern conducted the prosecution for tho polico and called Edith Wallace, who said that she knew accused Godfrey, who was employed as book-keep-er by her late father. Witness had charge of books, accused going over them ,monthly. Accused was at tho hotel on Wednesday, 27th November. Witness also had charge of her late father’s cheqqjs book. In the cheque book were two cheques signed by lato father, but with no amount filied in. Cheques were signed for payment to the Gas Co. for £3 13s Gd, and Mr.' Hy. Martin, - cordial manu.fanturer, for payment''of aboutb£4o. Accused said he had come to get the accounts for Martin and tho Gas Coy. and said Mr Martin had telephoned him asking to have tho amount of account. Witness told accused that Mr Martin had been to lunch tho day before and had not mentioned the account. Accused asked for the cheque book to take to her father, saying that it was no good going to see him without: the accounts and cheque book. Witness hesitated and told accused that she was going herself that afternoon to see her father. Accused said he was gping over at mice and no discount would he given unless accounts were paid at once. Witness handed accused the cheque book, but before doing so took tho numbers of the two cheques which her father had signed. Two cheques (produced) were the-two cheques referred to. The -body of the cheques were filled in in the handwriting of ariccused. 'flic Gas Coy’s cheque was filled in for the correct amount; all accounts sent in Would go through witness’s hands. Witness was informed. that tho Gas Coy’s account had not been paid and that one of the cheques had been filled ill for, £5 cash. “Witness then informed 1 lib police.—Alfred Robt. John Wallace was the next witness' and deposed that lie was barman at tho Turanganui Hotel. He gave corroborative evidence as to accused being 1 employed as book-keeper. Witness, saw accused on tho 27th, but did not have any conversa'tion with him. Acting on information received: witness saw accused the following day and asked him if he had been paying any accounts for witness’s father. Accused replied that lie had. Witness then i asked accused why the block of the : cheque book was not filled in. The < block for tho Gas Coy’s cheque .was-' < filled in, but the other was not. When witness spoke to accused he replied i “I have nothing to fear.” Witness said then that he would-go further with it. Witness asked accused where lie had left the cheque book and was told that it was in the Coronation Hotel'.—James Porter, clerk at tho Albion Hotel, said accused was in tile Aluion Hotel on 27th November. Witness cashed a cheque for accused to the amount of £5. Cheque was signed, by James Wallace. Cheque was paid into the Bank of Australasia the following morning. (To His Worship): Accused handed witness the cheque and remarked, “It is all right, it is my cheque.” Joseph McKay, ledger-keeper Bank of N.Z. stated that lie saw accused in the 1 Bank on the 27tli Nov. Cheque for c £3; 13s 9d (produced) was cashed on 1 that, date by accused. “Witness also a identified tile cheque sent-for tlio col- c lection from the Bank of Australasia, ; where it had been lodged by F. It. £ Harris.—Joseph John Martin, "icon- 1 see of the Royal Hotel, stated that 1 he gave accused a cheque for £3 10s c about a . week ago to pay the. Gas i Coy’s account. Accused mentioned f at the time that it was for Wallace’s f gas account.—William Slieppey Limn, t manager of Gisborne Gas Co. stated 1 that on Nov. 29tli accused paid an . account to tile Co. for Wallace, Tu- f ranganui Hotel. Cheque accused presented was a cheque of Mr J. J. Martin's for. £3 10s. Balance of ac- , count was paid in cash. Total amount of account was £3 13s 9d. ; Ac- • cused endorsed the . cheque presented in accordance with the rules of the Gas Co.—This evidence concluded the t ease for tlio prosecution.—-Accused . pleaded not guilty, reserved his de- ■ fence, and was committed for trial to tho next sittings of tlio Supreme , Court, to he held . at Gisborno on March 2nd, 1908. Hail was allowed, self in £SO, and two sureties of £25 each or. one of £SO. • , Alleged Theft of Forage.—Thomas , Phillip Sydney was charged with , having on November oth stolen one bag of oats and three .bags of chaff, < tn the value of £1 12s; the property ( of Geo. Scott, To Karaka. Accused .j pleaded not guilty, and .was defended | by • Mr. G. Stock. —George Scott, j siioopfarmer, stated, in reply to Con- . stable Dovle, that lie bad been expecting some oats and chaff to nr- ( rive at Waipaoa railway station 1 early in November. Accused bad no „ authority- to remove anything from j the, station: consigned to witness.—To J Mr Stock Accused was'working for ( witness’ brother, feeding a horse. Horse feed for witness’s brother * would also come to Waipaoa station. , Accused' had been in the habit of j taking horse feed from the station ; previously for witness’s brother. ; When witness know that his brother . was expecting some horse feed . about the same time, be asked the constable to let the matter drop as - it was evident a mistake bad been made. To Sergt. Williams: Witness said that Ins consignment would be branded GS over W, while bis bro- ; tlier’s would be RS. over W. Could - not say if bis goods were branded on this occasion.—Constable Doyle deposed that ho visitod accused's slied on November Btli, and bad a conversation with him. Accused admitted taking the liorso feed, and said that bo l'i’d no authority to take it, and knew he was doing ( wrong. Witness, continuing, said that accused had been down to the' station for some feed which Mr. Robert Scott, bis employer, was to have ordered. It was not there, and groused had taken t-Jjat winch was there belonging to Mr. Geo. Scott. —Mr. Stock .for the doi'onrn, called Robert Scott, who said that lie was accused’s employer. Witness ordered horse feed for himself and his brother. Had told accused to go to the railway station and get. horse feed. “Witness ordered, feed for his brother, but had omitted to order his

own When lie had heard ol tlio information had telephoned Constable Doyle to say that a mistake had evidently been made. 'The Iced taken had since been returned.—His Worship said that if was admitted that the feed had been taken, but ho was satisfied that there had been no criminal intention on tho part ot accused, whom hi? thought had mount to return the feed. L lO m " formation would be dismissed.