RESIDENT MAGISTRATE'S COURT, AHAURA.

Grey River Argus, Volume IX, Issue 634, 10 February 1870, Page 2

RESIDENT MAGISTRATE'S COURT, AHAURA.

— Thursday, February 3. (Before Mr J. H. Lowe, and C. Whiter foord, Esqra., R.M.) John Weavers wa3 brought up charged with embezzling LlO, the property of his employer, E. Ashton. The accused had. . been remanded from last court day for the. production of further evidence. A number* of witnesses weracalled, who proved that they had hired horses from Ashtou's stables and paid the accused for them. Mr Ashton was recalled, and explained) that he never authorised defendant to pay tolls on the roads, but had such been paid for his benefit, he would certainly have considered Weavers entitled to repay* payment of the money he expended. The case for the prosecution was then closed. No witness .were called for the defence, but it was to the effect that Mr Ashton had, in addition to the payment of/L3L ~ per week as wages, agreed to allow the defendant commission, at the rale of ten per cent from the profits ; this placed the defendant above the position either of servant or clerk, and that the statue did not apply. It was urged that there was. an implied power given, to Weavers, and that therefore the appropriation of the money c^uld not be interpreted as fraudulent. The Qourt adjourned, and on rev. suming, Mr Lowe said they had carefully considered the point* submitted/ and though they were, satisfied Weavers had been guilty of a misappropriation, -they . did. not think it amounted to a fraudulent taking, for when the whole of the evidence was carefully considered, it did not establish a clear case, and the remedy should have been by civil proceedings^ Prisoner \yas discharged.