RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume XII, Issue 1477, 29 April 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, April 28. (Before W. H. Re veil, Esq., R.M.) There^were two charges of drunkenness, in each of which a fine of 10a was imposed. ■"" ALLEGED EMBEZZLEMENT. Robert Edward Greenwood was charged with, embezzling 153 the property, of P... T. Crcgan. Patrick Thomas Orbgan : I am a livery stable keeper residing in Greymouth. Defendant has been! in ray service. ;f He entered my service on the 7th of March last, and remained with me till the of April inst. I engaged defendant at 25s a week and his board, to drive an express waggon for me, and help in the stables. Defendant was to account for the money he had received during- the day every night before going to tea. I gave the defendant the book now produced to keep an account of moneys he received. This book was in. defendant's possession till he left my service. He either entered cash he received, or the names of the parties who owed money. On the 14th March there is an entry of "Collins, due Is ;" on the 16th March, "Collins, due 10s;" on the 17th March, Collins, 10s." On- the 23rd inst. I called on Mr Collins for payments of moneys owing by him. From what Collins told me, I went to difen^ dant, and asked him if he had received the money. Defendant said he had not. I asked him to go to Mr Collins with me, and he did so. I said to Collins "he denies having drawn the money." Collins said "Didn't I pay you that money?" Defendant said " Yes ; you owe~ me nothing." Collins had told me that he held a receipt for the money, and he then looked for and produced it, and I then told defendant that I should have him locked up. Defendant said he had put down this money in the book on another day. I have carefully looked over the book, and cannot find the amounts accounted "for. The defendant never came near afterwards, or offer any explanation. He was paid in full when he left my service. There is no second entry pf ; Bs in the book against Collins on the l£th of March. . : . Cross-examined by Mr Perkins, for the defence : Collins told me, in the presence of the defendant, that he thought he had paid him 15s. The defendant did not offer to give any explanation. ,He said he had entered the sum's in the book, in another place, and I did not see him afterwards.. He did Dot tell me, in Collins's presence, that he had paid me the money. Except the book produced, I kept no account of the moneys received from the defendant. I can swear that the defendant did not pay me 15s on account of Collins. I can recollect him paying several half-crowns one evening, and my asking where he had got them. He did not tell me he got them from Collins. He said he had got them all day. All the cash paid by me to the defendant was entered in the book. There are three entries in the book on the 17th March. There are crosses opposite, indicating that the amounts have been paid. There are entries against the Post Office. There is one item of Is on the 28th of March, which has been paid, though it has not been marked off as paid. From the 19th to the 24th of March there no entries of payments in the book, I believe the express has not been At work, the shafts having been broken. There is one entry of cash "15s 6d," and several other similar entries. I cannot state what amounts they represent, except part of one day's work, for which; cash was received. If back accounts were paid, they were marked off as such, but the money was put down as cash received during the. day. ■.'■'""''"'' Richard Collins, fruiterer, gave evidence as to his payments, and produced receipts. On the defendant and Mr Crogan calling upon him, he asked defendant if he owed him any money, and the defendant replied "No ; you paid me 15s and it is entered in the book," and he said to Mr Crogan, "If you go and look at the book you'll find it entered there." Mr Crogan said to the defendant "You never paid me ; I will put you where yon ought to be," and he also mentioned the name of " the Duke." They then left the shop together. ; ' j " Sergeant Moeller proved the arrest of the defendant, who, at the time of his arrest, made no statement. Mr Perkins submitted that the case against the defendant rested solely upon Mr Crogan's recollection as to small amounts, of which there was no regular record, and which it wai impossible for any man to remember with thorough accuracy. Mr Crogan pretended to swear by the book, but the book was not kept by Mr Crogan at the time, and as it was kept it was defective in several items. These items, though admitted to be paid, were not so marked in the book,' and the strong presumption was that the same was the case with the item upon with this charge was based. The defendant, in reply to the usual question, said—" I have nothing to say, but that I paid him the money, all in half-crowns. When coming out from Collins. I told him I was willing to go to his office and explain how I gave him the money. He told me he didn't want to have any words with me about it, and that he'd get me ■■locked up and 'the Duke' with me. He then went into the road and I stood on the footway," and <_ nothing more was said, neither by him to me nor by me to him," The defendant was then committed for trial at the next sitting of the Supreme Court. ; • There was another charge agairfst the defendant of embezzling 7s, the property of his employer, but after evidence was taken, the case was dismissed. In each case the examination of witnesses on behalf of the prosecution was, conducted by Jnspeotbr rti'ekson.