MONDAY, FEBRUARY 4.

Grey River Argus, Volume III, Issue 166, 5 February 1867, Page 2

MONDAY, FEBRUARY 4.

Assault.—Henry Dearing was charged with having committed a violent assault upon bis wife Helen Dearing,w.hose face was much swollen and discolored; stated that on Friday evening the accused struck her on the cheek two or three blows with his fist. He then threw a bucket at her which struck her on the,side of th". head, After.this he threw a clock at her head. He afterwards went for a bucket of water and washed her wounds. Witness called for assistance. Her head was cut and bleeding. Prisoner had frequently assaulted her before, and on one.occasion had locked,her in her zoom to prevent her appearing in Court. They had been married 14 or 15 years, and had not -lived comfortably during that time. To prisoner: You came home on Friday night. I was standing by the bridge talking to two or three men I said, "Hollo, old man, are you on again," and yon replied, '-'yes, you b——," You did not complain of my being on the bridge, or reason with me about my conduct, Witness, further denied having;giveii the .accused any provocation. . Evidence was called to prove the offence, and the prisoner on being^ cautioned, stated that his Avife had given him great cause of provocation, she,neglected her hou sehoUl* duties, and lie had reason to doubt her fidelity. He was sorry he had struck her, but ho did it under cii-qa instances'.' of great aggravation: The Magistrate said that he did not consider, the assault.of such ;i nature as to Mfavrant him in sending the case for trial. He would therefore deal with it summarily, and' inflict a fine of £5, and require the prisoner, ta find sureties to keep tlio peace, himself inL2O, and two suiaties of Lit) each. ./" Embezzlement. • Johu.Cones Brown, late storekeeper at Tereinakau, was brought up on remand charged for that he, on the 24th July, ISB3, then being an agent of, and entrusted by, one Joh:i Packer Martin, as agont for the Union Bank of Australia, Greymouth, with the sum of L">i), with directions to the said J. C. Brown in writing to apply the said sum of money to a certain purpose then and there speiiifle t in the said tlirjctions—that is to"say, to purchase gold for the said bank,"'■to be accounted for to Jo!m Pnoker Martin, as agent for the _ Union Bank -of-Australia-'at Greymoutli; and the said John:;GbiQes.Brown afterwards, in violation of good' faith; and contrary to the purpose so in the directions specified, did unlawfully convert to his own use and benefit the said sum of money, contrary to the. form of the statute therein made <iud provided. Mr O'Loughlin appeared for the defendeut. John Packer Martin, deposed, that on the 24th July last he was agent of the Union Bauk atGrejTiiouth. Tlie prisoner had been iv the habit, of purchasing gold on commi3for- the bank. He was allowed a commission of Gd per oz. on all gold bought by him. The prisoner was in the habit of receiving LSO at a rime,; and aftar wards LIOO, to buy gold with ; but he never had more than LI01) at onetime. Am aware that on the 24th July money to the. amount of LSO was advaiiced tp'prisoner. .A receipt was taken by the teller, Mr Grant, which afterwards, Ccimeinto my possession. The signature to that recoipt is that of the prisoner. The receipt binds the prisoner to account for the money received from the bank, either in cash or gold, on demand, or on 31st July. It -is customary to square up gold buying accounts; once a week. Next saw prisoner on^the Bth or 9th August at Teremakaui I. askid for paymeni and prisoner said he was.tob.busy to attentl to me then, bu^wpiild be Jin ? to"wn same day and account for the money. - He was beyond the usual weekly term, ;aud that was the reason I demanded air account. Prisoner did not fulfil his promise,: and has n> t since accounted for themouey.; ■ On the 10th August I went to the prisoner's store,. and found it in possession of another person ; I then laid the present information. I next saw him in the middle of October, at Saltwater Creek.' He accosted me fainilarly. I expeessed my surprise at his impertinence. He said he: had been forced to abscond on account of. his debts. I asked if he was able tb account for the money advanced him by the bank when he was at Teremakau. .He said no, but that at the time he had more cash and gold than would have paid it. I asked wiiat he h.ad done with it. He replied that he could iiot travel to Christchurch'and back for nothing^: I next saw the imsoner at Pakihi, but had no conversation with him. ■■''''. ■'.■". Cross-examined by Mr O'Loughlin : I saw the prisoner on the Bth or 9th of August, but did not lay any information: until after my return.. When I seen prisoner in October he accosted me voluntarily, Mr. Inapeatqr James desired to put in a copy of the prisoners' insolvency schedule as J evidence, but on the objeption of Mr O'Loughlin under claiise twelve of the Fraudulent Trustees Act, it was not allowed. . ■■My., Grant, teller at the Union Bank of ■ Australia, gave corroborative evidence. „ V Mr O^Loixghiin submitted.that theinforma-i;; tion did ! riot come imder the Fraudulent '■ Truatees Act at all, aud Mas proceedingl6 argue the point,- when it was remarked that the information was not .laitlundei- thjitAct,but was ji charge of embezzlement. "■". The prisoner. was cpnimitted-'for trial,,bail being takcu,himself iii'LloO, andt^dsureties in L 75 eaL'h, ' ■■ . - .