MAGISTRATES' COURTS.

Globe, Volume XXIII, Issue 2210, 26 March 1881, Page 3

MAGISTRATES' COURTS.

OHKIBTOHUBOH. Saturday, March 26. [Before B. Westenra and J. E. Parker, Eiqrs.. J.P’s.] Drunkenness. —A man for a first offence was fined ss. Labcsny and Vagrancy, —William Jehn Simmons was brought up on remand from yesterday charged with stealing a purse containing £5 from Donald MoFarlaoe. The case had been postponed on account of the prosecutor being too drunk to give evidence. He now deposed that on the night of the 23rd inst. being in company with prisoner, he had placed his purse for safe keeping in his hat. Prisoner, who had seen where the puree was put, afterwards knocked off his hat, and took the purse. This was in Manchester street, at about II p.m. Prosecutor called out “Police,” and took tho purse away from prisoner again. A, Dupuis deposed to passing the parties when prosecutor gave the alarm. He thought prisoner was the person whom the prosecutor accused of taking his purse j could not now swear to his identity. J. Mitchell, keeper of an oyster saloon in Gloucester street, deposed to changing a £5 note for prosecutor on the night in question. Detective Neil gave some unimportant evidence. The Bench dismissed the case, warning prosecutor that as he was on tho verge of delirium tremens , he had better mind what he was about.—Prisoner was then charged with having no lawful means of support. Detective Neil spoke of the character of accused, who hud been convicted twice in Canterbury, and who, according to witness, is a thorough loafer, who hangs round publichouses on the watch for drunken men, Pri souer denied the charge, saying that he worked honestly for his living. The Bench allowed the prisoner to go, giving him a week to clear out, on the understanding that if he was found knocking about in the meantine he should be brought up again and dealt with on the present charge. Lunacy from Drink. —Andrew McGuin, who bad been to gaol for medical treatment, was now dismissed with a caution. Charge of Stealing a Canary. —Albert Lucas, who had failed to appear to a summons, was now brought up on warrant from Timaru, charged with stealing a canary bird, the property of his sister, Mrs Bew. Wm. Rew depend to prisoner having taken the bird from his house. Mrs Rew deposed to her brother having given her tho bird and afterwards taking it away without her permission. Prisoner denied having given his sister the bird. He thought a charge of theft could not be sustained. Case dismissed.

ASHBUETON. Friday, March 25. [Before J. N. Wood, Esq., E.M.] Forgery.—James Scott was charged with having, on the 13th day of October last, at Chatmoss, feloniously forged a certain acquittance and receipt for money, with intent thereby to defnaud James Campbell. Mr George Harper appeared for the prosecution. The prisoner was not represented by counsel. Charles Jones—l am a laborer at Chatmoss. in the employment of Messrs Miles, Hassall and Co. I was there in October last. James Scott was manager. I can write, and this Is not my signature or mark to the receipt produced. I have not received the money (£8 ss) mentioned in the receint. On the day mentioned in the receipt I told Mr Scott to pay £1 9s to a hawker named Mitchell. I never authorised the prisoner to sign any receipt on my behalf. I first learned that a receipt for £8 5s had been signed from the present manager, Mr Bell, about a month ago. When I got an account showing I had been debited with £8 5s on October the 13th I objected to it. The prisoner said he had no questions to ask the witness. The order produced referred to another man of the name of Jones. William Mitcholl—l am a draper at Ashburton. I visited Chatmoss on the 13th of October last. I sold £1 9s worth of goods to the last witness. He told Mr Scott to pay me. Mr Scott did pay me with an order, and also he paid me £1 for a young man in the Swamp. He gave me the order for £8 sa. I gave the balance to Mr Scott after having deducted the £2 9s from it. I paid the order into the bank to my credit. I have visited Chatmoss in January last. I do not remember having sold any goods to Jones on that day. To Prisoner—l kept £1 and £1 9s out of that order. You have given money for eight or ten persons in one order frequently to me before. James T,ovett—l am shepherd at Chatmoss Station. I have been there for the last two years and nine months. Charles Jones has been there for about nine months. During that time I have known no other Jones on the estate. I had an opportunity of knowing as I went over the whole estate. To Prisoner—l knew every man that was working in the drain. I called frequently to the men that were working, and knew them all. Henry Empleton : I am cook at Chatmoss. I know Charles Jones, and never knew any other Jones to be there. I remember Mitchell going there* but did not see any one buying anything from him. I do not remember buying anything from Mitchell in January last- To prisoner: I do not remember the names of Messifer's mates, but I remember they cleared out without having settled some accounts. Thomas Taylor: I am clerk to Messrs Miles and Co., Christchurch. On the 29th of December last I went to Chatmoss and got the receipt produced from prisoner. Walter Foster: I am c erk in the employ of Messrs Miles and Co. The prisoner was manager at Chatmoss. I have the supervision of t be Chatrao-a estate. I knew of no other Jones there except Charles Jones. The order produced was presented by the Union Bank, and it was paid by Miles, iHassall and Co.’s cheque. The order was debited to Charles Jones* account. I know the prisoner’s writing. The receipt has evidently been filled in by the prisoner, and, so far as I know of his writing, the signature has been also written by him. This closed the case for the prosecution. The prisoner called the following witnesses for the defence: —John Walker—l am contractor at Willoughby. I knew a ir.an name Messitor working at Chatmoss. He had a lad named Jones working for him. I spoke to Messiter and Jones together. The way I knew Jones' name was, Meesiter in conversation with me said, ** Myself and Jones are going to Winslow to catch the train." While working at a drain at Chatmoss a youth named Jones called on mo. I never knew the shepherd to call, and be never was at the drain while X was there. To Mr Harper—l believe it was in July last I saw Messiter and Jones. 1 have seen them there since, Charles J ones is the

Jorna that came to mo in tho drain. He m n °t Jonea that was with Messiter. John Alpine I a.to a laborer living in Ashburton. I was working with John *V?alker in n drain at Chatmoss in November last. We started the drain on No v.4th. I saw Charley Jones while working at thia drain, bnt I never saw the shepherd there the whole time. X might have a dozen men in the drain without anyone knowing it, Charles Jones recalled was examined by prisoner Did anyone tell yon it you did not prosecute mo you would lose your billet. Witness —I heard some people say so. Prisoner—Did any one of yc.nr employers tell yon so ? Witness—No, sir. Prisoner —Did yon make a bet with any one that I wonld be convicted ? Witness—l did make a bet that if not on this account you would be 1 convicted on some other account. Prisoner—What reason had you to suppose there were other actions against me? Did any one tell you? Witness-Iheard there was likely to bo other actions. Mr Ehodes told mo. In reply to the usual charge the prisoner said that about the 2Uh of June lost ho was in Christchurch in Mr Ehodes’ office, when a man named Messiter came in and told Mr Rhodes he had been working at X.owcliffs. Mr Rhodes told him (prisoner) to speak to tho man outside, and ultimately it was agreed that he should come to Chatmoss to do contract work. He bad mates with him, one of whom was a lad named Jones. afossiter and his mates came and got some work in the swamp. Jones, the youth who was with Messiter, worked for a fortnight with his mates, after which he (prisoner) gave him a week’s work, A man named Williamson left a drain contract he had unfinished, and told him (prisoner) to let Jones finish it, and he would allow Jones wages from theamount of the contract. This he (prisoner) agreed to. and Jones worked three weeks and three days there. Ho also worked a week at sowing hay seed, and in all Jones worked eight weeks and two days for the Chatmoss estate. Jones wanted to go South, and he asked prisoner to change his order, as ho heard it could not be changed anywhere South. Mitchell came, and it was this Jones’s order he changed for £8 ss. Jones also told him (prisoner) to get a pair of boots for him, and these were the boots he told Mitchell about. Messiter left without settling an account for £5. A warrant hid been issued for his arrest, and it was probable he and Jones would be found together. Embezzi/emknt.—A second charge of embezzling the sum of £2O of the money of Mr E. H. Ehodes was heard against the same prisoner. Mr George Harper prosecuted, and Mr Branson appeared for the defence. Hobert Heaton Rhodes —X am one of the owners of the Chatmoss estate. The prisoner was employed on the estate as manager. He had power to sell stock after he had received orders from me to do so. Messrs Miles, Hnssal and Co. did the business part connected with tho estate. Walter Foster—X am clerk in the employ of Miles and Co., Christchurch. I know prisoner. I have the supervision of the Chatmoss estate. I produce press copy of a letter of instruction to prisoner as to the way ho should manage the estate. I received accounts produced from prisoner. They were for all sales between Jannary 21th, 1880, and July, 1830. The accounts purport to be accounts of sheep sold at Chatmoss estate. There is no entry of the sale of sheep to Charles Martin. I never spoke to prisoner about the sale of sheep to Charles Martin. To Mr Branson—l know of a mob of sheep sent by Mr Carter about fifteen months ago. The reason was to harrow in grass seed. I don’t know that a large number of sheep were bought by Scott from Mr, Grant. I never heard of instructions having been given by Mr Hassal for any sheep to bo put on the estate except Mr Carter’s. A great deal of the instructions given to the prisoner by Mr Hassal were verbal, and as Mr Hassal is dead now, it is difficult to say what instructions ho might have given him. Edward Lovett, shepherd—l took a mob of ninety sheep to Mr Charles Martin. The sheep were the property of the Chatmoss estate, and I was ordered by Mr Scott to take them to Mr Martin. Mr Grant got receipt for them. Mr Grant used to keep the books. To Mr Branson—l remember some sheep coming in 1879 to the station. They were brought there by Mr Grant. They were all branded except some from Mr Tripps. I can swear to the Chatmoss brand. Mr Scott had only two or three sheep on the estate. Charles Martin, farmer, residing at Winslow—l know prisoner Scott. I bought some sheep from him in 1879 in tho Ashburton Saleyards. I got delivery of 108 sheep. I paid Js each for them. I paid by cheque, sent through through the Post office, for them. I never got ja receipt. To Mr Branson—Some time after Mr Scott was looking at them, and he said he gave 4s 9d to Mr Scott for them. Augnston Hutton Shury—l am manager of the Union Bank. The prisoner keeps n private account in the Union Bank. Martin's cheque was paid to his account, Fred. Duncan—l am a dealer. I know Mr Scott. I have often paid money into the Bank tor him. I did pay tho cheque produced for him. E. H. Ehodes recalled : Mr Branson—Are yon indebted to the pritoner for wages ? Witness—l consider he owes us now about £25,000. Mr Branson—Do you owe him wages ? Witness—No, he has overdrawn wages. This concluded the case, and the prisoner was committed to take his trial at the next sitting of tho Supreme Court. Bail was allowed, himself in £SOO and two sureties of £250 each.