MAGISTRATES' COURT.

Nelson Evening Mail, Volume XI, Issue 20, 21 January 1876, Page 2

MAGISTRATES' COURT.

[Before R. Pollock & IT. C.DANnsi.L,Esqs. l J.J.P.] This Day.

OBTAINma MONET ¥NDEIt TALSii PRET.EKCES.

Edward Tyler was charged with obtaining a cheque for £10 from Alexander, Hunter under false pretences. Mr [Fell appeared for the prosecution, Mr A. Adams for the prisoner. Henry Maning* Moor : I atn one of the proprietors and general manager of the Daily Times. Prisoner was in our employ from the 4th of October until the 27th December, when I discharged him. His duties were to keep the books, make out the bills, and. collect moneys. The cheque produced was paid by me into our account. It was drawn in favor of Lansley and Company. Our quarter fell due on the 18th November, and it was understood between me and Tyler that he was to commence collecting from the Ist of December. I asked him about, a week after how he was getting on and he said he was collecting the smaller

accounts, and not burying the steady customers. He v had not paid any of ; them to me. hini what he was 'doing with the money, and he said he. waa giving it to Mr Thornton to take, care; of, I paid it was strange he should :Vmix our accounts with I&t Hunter's, a gentleman I did not know, and he^ replied that we had no place to keep the money, that Mr Hunter was a ' friend of his, and it was a convenience to him vtq have, these small sums, and - that his;. cheque would- 'always stand. ?ood. frothing more was said at the time. About the 12th December I told him r had to pay Sharp & Pickering for a bale of paper, and he must let me have some money at once. He said he would give it me next day, which he did, paying me £22 including the cheque in question. I<had never given him authority to borrow., money from any person. 1 asked him if the cheque represented, the ,full . ambunt,. of/ the money Ke had given to Hunter to hold. He said, yes within a few shillings. .Cross - examined : Tyler had full authority to collect money and to keep the booksV 'He was allowed- a great deal of latitude. He received and paid moneys for the Daily Times. He was to receive 5 per cent commission on accounts collected. He was the only recognised collector. ,He hadauthority to contraband arrange the' prices for advertisements. He paid me the cheque when I was in the Supreme Court, and went with me to the Bank to pay it in. I am quite positive that I have given the correct version of the conversation that took place between us. Mr Hunter had a large advertisement in the paper contracted for early in December, but not due until the Ist January. He had also,, a standing advertisement in.- the paper. I don't know whether Hunter has paid it. . It is not accounted for in the books. "We never coujd get Tyler to settle up the actual balance. He paid, ,us the moneys as we could get them, which was a difficult task. There has never yet been an actual settlement of cash received. After I had turned^ him out of the office drunk one night and told him never to come in again, he wrote a letter resigning his position as collector. Re-examined: He has never given Hunter credit in the books for any accounts received on account of advertisements. ' ; : ; --■■'■ Alexander Hunter: I know prisoner, who .told me that he was engaged^ as reporter and collector of moneys for the Daily Times. On the 13th December he came to my shop, and said that . the Daily Times was getting on very nicely, but they were laboring under the difficulty of being short of s money, and he should like me to cross cheques with them, by which I understood that he would give me one of Lansley and Company's for a like amount, next week. I therefore, on this understanding gave him the cheque produced. I did it tooblige.-the Company as it was represented to me that they were short of funds. I have never received a cheque in exchange. for it. The cheque was not given in part payment of an account. I had paid the amount due for the standing advertisement a few days previously. Tyler had never lodged. any money with me on account of Lausley & Co. or anyone else. Cross-examined : Tylei'a exact words as near as I can remember them were that the Company Was in difficulties and wanted to pay their men, would I cross cheques with them, and he would give me a .cheque of theirs next week. Tyler came to me about my Art Union advertisement lute, in November. 1 said I wanted it to go in at a low rate, and lie said that he would see the firm about it. The amount charged by the evening; paper for the advertisement, was £6. I made no arrangement with the Daily Times about the price. The Daily, , Times Company bad also printed the tickets and some bills for me, but this was after the 13th of Dec. Tyler, I think, took upon -himself to assume that the Daily Time's would get the extra printing. He is a .very sharp sort of fellow and takes a good deal upon himself. „ Re-examined: The cheque for £10 . had nothing whatever to do with my account with the Daily Times. I still consider myself indebted for the advertisements and printing. Henry Moor, re-called: There could bavo beeuno'exohange of cheques, as the Daily Times had no account- with any Bank. , CroßSrexamined: We had no immediately liabilities, nothing pressing us, at the time. We did then, and still do, owe a considerable sum, but it is all by arrangement! This concluded the case for the prosecution. ' . Mr Acton Adams addressed the Bench for the prisoner, 1 stating that the prosecution had entirely failed to prove the necessary legal ingredients for substantiating so grave a charge as that of obtaining money under false pretences. It was clear that Tyler had had very large powers entrusted to him by the Daily Times Company, in fact, that he had undertaken the whole of the financial arrangements, and was by no means in the position of an ordinary cashier.. He was willing to admit. that the cheque had been obtained on the strength of a promise of repayment, which hud not been kept, but that did not constitute a false pretence. The Bench stated that they considered a sufficient prima facie case had been made out, and prisoner would therefore stand committed for' trial at the next sittings of the District. Court. On the application of Mr Acton Adams bail was allowed, the prisoner in £50, and two sureties in £25 each,