MAGISTRATES’ COURTS.

Globe, Volume VII, Issue 771, 9 December 1876, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH.

Sat in in ay, December 0. (Before (t. L. Mellish, Esq, R,M.) Bujrulaky.— -Tas. Fitzgerald was charged with having burglariously entered the premises of Mr Abrahams in Manchester street at five o’clock on the morning of the 9th inst. Accused had been given into custody on the premises to Constable Walker by Mr Abrahams. When arrested he said he was drunk, and did not know how he got into the house. A window leading from the garden to a front room was open, and there was the mark of a footprint under the window which seemed to be fresh, but was too much

broken to compare with accused’s boots. When arrested accused seemed to be sober. Mrs Abrahams stated that her family retired to bed about eleven the previous night. The outer doors were locked, and the bedroom door of witness fastened, but not locked. Witness’s daughter slept in the same room with her. About five o’clock in the morning witness was awakened by hearing a noise at the toilet table. On looking up saw accused at the table in the room. Couldn’t say whether he had anything in his hand or not. Witness and her daughter jumped out of bed and caught hold of him. Accused asked for Mr Scott who is a lodger in her house. They both called out for assistance, and held him until Mr Scott and her husband came. Was quite certain her bedroom door was fastened. There was no other entrance to the room but by that door, Rev E. A. Scott residing at last witness’s place, stated that about a quarter-past five that morning he was called by Mr Abrahams He at once came out of his room and saw accused in charge of Mr, Mrs and Miss Abrahams. Witness occupied a sittingroom in the house, and before going to bed left one of the large windows of the room open. Did not know whether he closed the door of the room leading into the passage retiring. Accused was a passenger by the same vessel as witness. The previous week he asked witness for assistance to go down to North Rangitata. It was at witness’s house that he assisted accused. Mr Abrahams called, corroborated the evidence previously given. Inspector Buckley told his Worship there was another case of the same nature against accused, and ha would ask for a remand to prepare the evi dence. His Worship said he would remand prisoner on both charges until Tuesday next. Embezzlement. John Brooks was charged on remand with having embezzled monies belonging to his employer, William Viney, baker, Whately road. Mr O’Neil! appeared for the accused, who when arrested said that Viney had taken ; .out the warrant through spite. The prosecutor called stated that accused had been in his employ for sixteen months, and left him on last Monday fortnight. His duties were to deliver bread to customers, receive money, and pay it in to witness every night that he got it. The money obtained from accused was entered in the cash book by witness or the bookkeeper in accused’s presence. Had a customer in September named Thomas Milne. Gave accused a bill in October for bread that had been supplied to Milne; the amount was 10a Oid. Witness never received payment of that account. The signature to the account produced is accused’s, In cross-examination by Mr O’Neill witness said he always booked accused three or four times a week except the last week. Would swear that accused had never complained of not being able to book through witness being drunk. The cash book produced was not the book in which the entries were made, but were copied last week from another one. Had said that accused had defrauded him of £7O, as that amount was short in the cash book, but never said accused had defrauded him of £4OO. Witness would swear he was never drunk but once. Accused’s wages were £2 per week, and witness told him to render an account of the moneys received, and deduct amount of his wages. In booking witness copied down the number of loaves served, whether payment was made or not. There had been numerous complaints by customers of the manner in which some accounts had been rendered after being previously paid, which money witness had received from accused. There had been a complaint by a customer about the way in which witness’s books were kept. If the matter had not been found out that the cashbook produced had only been copied a week ago, witness considered it would have been no harm to lead the Court to believe that the book produced was the one in which the amounts had been entered at the time they were paid. Would think such a course was fair to accused. Had not said that why he did not bring his books to Court was because he did not like the lawyers to see them. Had not threatened accused repeatedly that he would prosecute him. Had never asked accused to account for the 10s before taking the pre sentproceedingp. Had never told Thos Merson that accused had defrauded witness of £7O. Mrs Milae gave evidence of having paid accused the account produced for 10s 0M on account of Mr Viney in September. Two other charges against accused for having embezzled Us and 9s 6d paid by Thomas Addrews on account of Mr Viney were then gone into. The bills produced bore accused’s signature, and evidence was given that the amounts had been paid to accused, and no entry of such payments appeared in prosecutor’s cash book. As Mr O’Neil desired to produce several witnesses, who would not come without being served with subpoenas, his Worship remanded the case until Tuesday, accused to be admitted to bail in two sureties of £SO each.

Transfer of License. —The following transfers were granted : Albion Hotel, Christchurch, from B. Maples to K. Kitts; Selwyn Bridge Hotel, J. Wood, junr., to Wm. James.