RESIDENT MAGISTRATE'S

Manawatu Times, Volume X, Issue 1323, 17 October 1884, Page 2

RESIDENT MAGISTRATE'S

PAirMEESToisr, Thubsday, Oct. 16. : Before R. Ward, Es^ l R.M. ! J. Nathan.& Ce. y. T, Welspd— iplainV £5 0s 9d. Mrij3:. F, .Hawkins for plaintiffu. ...... i Mr J. H. Hankinß appeared to watch thi^ case on behalf of Mr Boon. • ; , H . W. Boon, deposed— l was formerly^ employed by Messrs.Nathan and Co, m the grocery department. -'■ On the ; d&ie mentioned Mr Nelson gave an order for goods' which • he ; requested' 'should' be inide up at once. When he came back, witness was writing out, .the account* Mr t>hortt added : up the" account while witness attended; tq spine other customers; Witness^ekedrjip :; the^ money which Mr Nelson laid down, and receipted the account. Witness f counted the money on placing iHh the tiltfahd found it was £21. iJNext morning MrrShortt- drew" his attention to tbe f «ct Jhat it :' shoujd have been Witness had not, add^d up the account, and consequently when he took the money did ' riot know ! the exaci amount. Witness said the!'receipt 1 could bs frdm< Nelson -andi then it would be seen where the f naisr ; take wa»i ■Mr Waldegravs: was m the shop w,hen ; the, money was paid. O/ S ; üb'!'; .sequ^ntly Mr . Nelson offered to j^ay ,the_, dt-ticiency rather, as he, said; than^ anybody "should suffer, 1 Mr^King : said he could not take it; as he had 'sent' pa'rtictilarßto Wellington. . .Mr Nathan stntup; a telegram to Mr Kong asking him jto' iftko proceeJiDgs againit iritoiw j

Nelson cal'e.l upon witness yesterday and said If© 'hajri been summoned for the amount. He said be would pay xt M be pid not ant to go to Court -md hare to pay all expenses. I did not seek Nelson; he iname'to me. In reply to Mr Kelson, witness said he heard him say to King and Shortt *t Was a dirty piece of work to send down the letterto Mr Nathan without saying a word to witness, and rather iban see him get into trouble he (Nelson) would pay tbe £5. Everyone ia the jtore had access to tbe ♦ill/but witness tbouffit no one but himself had been there on the day m question. H. Waldegrave deposed that on the 4th September last he was m the Ready Money Store while Nelson was there. Saw Nelson place a parcel of money, op the counter which was picked up'iby Mr Boon and placed m a drawer under the counter. Did not think' he counted it before placing it there. ■■■''> •-:-; In reply to defendant, witness said he did not tee defendant count the monfey before placing it on the counter. ; v! C. E. Shortt, clerk to Messrs Nafhan & Co deposed that on the 4th September Nelson came to the shop. Witnest saw. 'Mr Boon . making up .an count, which be : checked. . Witneit drew his attention to, a small error iniit. Witness went away tken. In the eyening on balancing the cash witness, found only £21 had been paid into Nelsbn't account. Called Mr King's ! attention toit. Mr Watchorn saw Nelson who said be had paid m £26 on the Thurt* day. Witness also saw Nelson who said he had pail id £26. Witness and Mr King went to Ashurst that ; evening; and obtained tie receipt from .Nelson, A report of the circumstances was for* warded to Mr Nathan. On the Mon» day morning; Nelson came and offered to pay the £5 if Mmßoou'was retained m his situation. He declined, to pojj it after Mr Boon had los»t> his situation. ■iNe'lsbtf said it wa« a dirty bit of work. lii reply to defendant witness said there had been "mistakes made m the shop previously. : '~ Witness had triafde mistakes himself. Had known Boon fqr 18 months, and had always fkhown him to lie honorable and straightforward though : liable to error. "...<,i '?,--'," ..James King, Manager of Ready Money Store deposed : — I was m ton on 4th September.. St Uements -wjjre made to me by Mr ; ; Short ; to, .the tffect that an amoeiit ' taken f romi' -Mr Nelson bad hot been passed-' through the day shook and the cash was L 5 short. On further enquiry found . that' : tKfe :<I |e« count was settled m fu I;- and' therefore need not have, been passedtbr^ngh'the day book. Witness, "cprroboraieoi the evidence, given. by .Mr, Shortt aS'fcoYth© subsequent proceedings, .and stated!, iljat on reporting the matter to Mr Naithan he received aitelegram stating that- from : tbe statements made he thought, Boon was; criminally liable, ; Nelson: offered to pay the money if-Boon was reinstated but declined to pay after Boon lost his situation- iN^eJson.said :he did not know whether he had- paid L2l or L 26 bat relied upon hisr; receipt. \ Witness be^ lieved Mr . Soon to be thoroughly 'honest..;..';'; r: : : '^f'.'-ijV'?.. v; " fl^ r T. Kelson depbseffthat on the day m (ju^tion -he went into -the store wit§ »tt order. Mr Boon jwas yery'bttayl''" 1 jiifter making out the account it was' checked by ( ]ytr "Sborrt/'Witfaess-'^cOujited out the. nioney and gafe 'it,.. to'^'Boon wh» ga vs a receipt. for } it. 'Next|^4y met Shprtt, waV said .something 'wafc wrong with, the account."' WiVrie's > r''t'dld him be (had not the receipt with him, but be« lieved '"he bad paidL26.' Gave the receipt to MessrsKing and .Shortt subsequently, Was af terwards^asked, whether. WcWld swear, as to .the 'amount he ''had paid j and said he . was, not sure. : " He'/ counted Ihe money before paying it, but might have made a"mistake,.. , /• '••; '^" >^:'^ ; In .(reply ., tp'.'./Mr. VHawkins-TOB'b'ftn placed the money m taetili'aftejr. taking it, Tothe best of his . belief Bobn counted it* . < , „ij At the request of the Bench Mr Boon wa,s recalled an j stated^ thafc'he ( ditf;i^t count the money when taken from I JNeJ» son. : SHad,:taken a.,. guinea^.'fojfj' flax which was also, placed m another part^ of , the. tiii- ; , ,1 ..;;/.;'; ..'"y.^'. r \ ."..,";,! ;Vr ; , His "S^orsbip.wiJs inclined to' tfcihlc tbatonly L2l bad been paid. He aid not think the mistake had been a wilful one Qn.the part of M!r NelsonI J .. Judg* mept was given for plaintiffs with Court costs only* ' '.. . J. P.; Heaton v : W, Weeks— Claim 12s. Judgment, was given for plaintiff, defendant's Fo?t, 4 being, also joined m judgmeuC !'*" ' _]'.'.,, '\ ' ( .\ r , . %x Siiisted,; v &., summons,, Lil td. v Mr 'Baker /|for Lpla^tijff.j ... P'ider made* for pa^iapnt forthwith, iv default 14'.daysl' ir ._;'/... 'j