RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume V, Issue 207, 2 September 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before the Hon. T. Ren wiclc, and C. Hunter Brown, Esq., J.lVs.) Ths Day. Francis Harris was charged that be did, within six calendar months now last past, being then the servant of Oswald Curtis, Superintendent of the Province of Nelson, feloniously steal, take, and carry away certain moneys to the amount of £1231 3s. 2d. of the moueys of and belonging to the said Oswald Curtis, his master. Mr. H. Adams who appeared for the prosecutioo, stated that Harris had for some time been Sub-Treasurer on the West Coast, where large sums of money had been passing through his hands. It was his business to send up monthly balance sheets, but for the last few months he had failed to do so, and now on being called upon to produce his final balance sheet, was unable to do so to the satisfaction of the Provincial Auditor, who found the deficiency named in the information. The Auditor's would be the only evidence pro- | duced to-day, as it was necessary to bring a witness from the West Coast. At the request of the accused, all wit- j nesses were ordered out of Court. H. D. Jackson : I am Provincial Auditor. Harris was acting as Sab-Trea-surer at the West Coast, and as such was allowed to draw upou the Provincial Treasurer for sums for which he after, wards sent up the vouchers. It was his business at the end of each month to send up to the Treasurer accounts of his receipts and expenditure, together with the vouchers, which were thsn sent to me to audit. These statements were iuitiallei by Dr. Giles. About the middle ot March I received the monthly account to the end of February, Since then we have had no accounts of any kind from Harris until lately, when I have received bundles of vouchers from time to timo, but no statemeats ot receipts and expenditure. I have applied to him for them several times. He has produced his bank book. In it are sums with which he is credited but for which he has not accounted. I make out that he has received since February from the Provincial Government £18,501 135., and from the Warden at Cohden £100. H9 has produced vouchers for £16,640 2s. 10d., and there is accounted for by other statements I have received from the Coast £731 75., leaving a deficiency of £1231 3s. 2d. There are errors in the amounts stated in the vouchers, from which I have compiled my accounts, which I believe will eventually be found to alter the deficiency one way or the oi her. As Auditor it is my duty when the accounts do not appear correct to summoa the parties before me. I had Harris before me and asked him " to explain the deficiency, when he said I do not think it will be right for me to answer any questions you put to me now as my replies might be used against me afterwards." After that I did not invite any further explanation from him. Cross-examined by the prisoner : You were the ouly paymaster on the Coast responsible to the Treasurer. I believe you were instructed to advance to the wardens. You were paymaster at Westport, there was an otherat Charleston, and another at Cobden who had to account to you from whom they received the money. The vouchers you sent in included vouchers from the other paymasters collected and collated by you. I consider you were personally responsible for all the moneys advanced to the Coast, as the advances were made upon your own orders drawn upon the Provincial Treasurer iv Nelson. Your vouchers were not sent in after March in accordance with instructions issued to you not to forward them until after the passing of the Appropriation Act. Your reply to me

when I asked you to explain the deficiency was, that you declined at that time to give any explanation. Re-examined : — The reason Harris was told not to send in the accounts until the Appropriation Act was passed, was that the payments had to be classified under the* different heads voted, which could not be done until the Act was passed. By the prisoner : — Owing to the Appropriation Act not being passed before the end of June, and for other reasons you could not have sent the accounts in much before August. By the Bench : I think when all the accounts come in that the deficieucy will be found to be larger than that I have already stated. Prisoner was then remanded for a week, in order to allow evidence to by produced from the Coast to show the exact amounts received and expended be him.