MAGISTRATES' COURT.

Nelson Evening Mail, Volume XI, Issue 62, 4 March 1876, Page 2

MAGISTRATES' COURT.

[Before A. Mackay and R. Pollock, E.g., J.J P.J CHARGE OP OBTAINING MONET UNDER FALSE PttETENCES. The ca«e of the Provincial Government against John Millar, for obt.ining money under false pretences, was continued this day. Mr Acton Adams, in opening tbe case for the accuse i, said that he was going to pursue n course that was not usual on such occasions, when it was customary to reserve the defence fcr the higher Conrt, but that which he hid to offer was a moral and valid one nnd not merely based upon some legal quibble, and therefore he felt fully justified in risking stating his case now. He had been advi ed to take this step by Mr Travers and Mr Conolly, and he quite concurred with' th.t advice, ns they were decidedly ot opinion that after Emerson Millar's evidence a commital would be almost impossible. He did not propose to bring evidence to contrad'ct that adducced by the Crown, as, with the exception of some minor details, he ndmitted the whole of it, but he should put in the plea of confession ard avoidance, and the evidence he should brim? forward would .imply go towards explaining the whole matter. The case was as lollows : — When Mr. Millar took offlee, he found that instruments were badly wanted, and he obtained authority from the Executive to purchase to the value of £250. He endeavored to obtain instruments but failed, and, being aware that his son had what was wanted, he, after driving a hard bargain, bought them from him. The sde waß a perfectly bona fide one, and Mr Millar did his best for the Government, but then he did what was exceedingly stupid- Knowing the constitution ol the present Executive he thought tbat unpleasant thing i might be said if his son appeared to be the vendor, so it was arranged between them that Crawshaw should be }i*ke Ito act as trustee and seller. So far as Crawshaw himself was concerned, the sale was a perfect'y sham one, although the vouchers were filled np by him and he received the money. It did not appear that Millar owed him money or was in any way pressed by him po that could not be urged as a reason for the transaction. The instruments were then handed over to tbe province bo far as they eonld be, and branded with a brand Mr Millar had had made for the purpose, nnd had been used in the Government Berviee since by Mr Trent and others in their employ. With reference to the smaller dumpy level not being the same as that purchased from Emerson Millar some explanation was necessary. The original had been nsei at the Rocks on a Saturday morning by Mi Millar, who trusted to the lad Major to take it away, but he forgot it until the following morning, when he went down and found only the legs, the instrument itself having been wa.hdd away by the tide It was fsirlv lost in the Government service, but Mr Millar, with^ that high sense of honor which he had displayed on more than one occasion, purchased another out of his own pocket as a substitut Q for it. There wis no intent to defraud in the purchase from his son or in the voucher signed tyCrawohaw, neither had the Government been defrauded, as they had received full value for their money. He (Mr Adams) compl lined bitterly of the attitude assumed by the Provincial Secretary in this matter, he bavin . gone out of his way to press the prosecution, and showed a disposition to move heaven and earth to prove the detendant guilty. Mr Adams then called Emerson Millar, who said: I am a Civil Engineer in the employ of t^e Wellington Provincial Government. Ia 1873 I went to Melbourne, and on ihe way called at Wanganui, and s'ayed a night with the defendant. I left in his charge most of the instruments named in Crawahaw's voucher. In Mci-bou-ne I bought o*hfr instruments corresponding with the others mentioned in the voucher. I lett the instruments in defendant's custody, but did not give him leave to use them. My name was on the 14-inch level on a pice of drawing paper. In 1875 I returned to Wellington. On the 26th August I came to NelsoD. The def-n .'ant spoke to me regarding the difficu'ty of obtaining instruments for the Government. I had b r ought the instruments I had purchased in Melbourne with me. I brought the level for my father to adjust for me. He asked me as a great favor to se'l them to tbe Government, and I agreed. He drove a hard bargain with me. He s.id that bad tbey been for himself he would have given the pne'e I asked at once. We finally agree! to the price £48 15s and £1 for commission lor any agent that; might be employed, making the total of £49 Ids the amount of Crawshaw's voucher. I received the money fro n the defendant. I made a list of the instruments and forwarded it to Crawshaw with a note requesting him to c insider it as a pale from me to him, and to act as tbe seller to the Government. That was the lost I heard of the transaction until a few days ago. I was sbo-m some instruments by Mr Gully. I identify most of them as those I sold to defendant. Cross-examined: I am the defendant's son. When I went to Waiganui in 1873 I was a contractor. Melbourne was my home. Previous to going to Wanganui I had been in New Z aland about three months. When I came to Ne'son in August, 1875, 1 brought the instruments for Site keeping. When I sold the instruments to my father I think he told me that he had ordered a lot from England. I gave my father ro receipt for the money. I keep no copies of letters, no receipts, and no accounts. Henry Buckeridge stated that in the spring tbe defendant cams to him and tried tj get a theodolite from him. J G. Moutray showed tint under instructions received from the defendant he made two brands for the Provincial Government, one for burning and one for .tamping, in October last. The br»nd ou the level staff produced was made by the one ior burning. John Barrer: I am a carpenter residing in Ne'son. I was employe! Inst year by Mr Millar on behalf of the Provincial Government. In October last I took a dumpy level trom the Engineer's office lo Mr Millar's houBC. I afterwards took down a brand to brand it. A day or two afterwards I took the level wbich had been branded on board the Kennedy. Mr Trent was going to take it down to the West Const. In the Government Buildings while I was waiting; for the level. I beard Mr Millar say to Mr O'Conor " I think I'll send the best level to Mr Trent " I assisted the defendant in surveying at the Asylum. Tho instruments use! were branded with the Government brand. Ihe level staff produced is tbe one we were u : lng. I know Mr Millar had an office in his own house, where there were generally some Government instruments. I think one of the leve's used by Mr Trent in surveying the harbor was that which I took ou board the Kennedy. John Me joe : I was articled to defendant in 1871. lam oub of my time no vr. Last year I wns from time to time in the euploy of the Provincial Government at the Boulder Bank surv.y. I remember Emerson Millar coining to visit defendant iv August last. He brought a dumpy level, legs, st-iff, snd a portmanteau. I identify those pro meed aB the ones. At that time the defendant had other instruments of Emerson Milhir's in his cuytody. I heard somo bargaining between defendant and Emerson Millar about the pri c of tbe 14 inch love. There was a dif „rence of £2 or £~ between them. Defendint said he would give him £2i if it Maß for himself, but as it was for the Government he would not give more than £19 or £20. I had '

p.Tn th<» level in it . ca*«e before at Wang t> vi Tt ha I Emer. • n Mil ar'a name on it. and it w <■- sti loa when he came to NeJs n in 1875. the name was removed by Shone thee ibinecmaker. I remeniber a b**and bei >g made by , Moutray ,in October. I branded n number of instruments, including tbe two levels, with it I aio brandei a telescope Before iflmersou Millar's arrival none of his instruments had b en usd by the Government officprs Afterwards they were. The Government instruments were kept more at Mr Mil'ar's house than at the Government Building... I pasked up the level I had branded and sent it to Mr Trent on board the steamer. The 12 inch level was being used by Mr Mill_r at the Rocka on a Saturday in October. I saw him put It up in the morning nnd I was told to go from the Boulder Bank for it in the afternoon but not seeing any aignil I did not gi. I went to look for it the next moroui!? and found the legs only. It is the practice when instruments are left out to lock them up and place tbecu on the ground. | The place where the legs wero was between j high nnd low water mirk. I went and told Mr Miliar it was missing and we went down and looked for it. I think it must have been washed out by the tide. Millar kicked up a row with me about it. The case with the instrument in it would float. Defendant bought another instrument from Mr Greeawood to replace it. The etaff from Emerson Millar was lo*t at the same time. Cross examined: I was chief. . engaged in the office. Mr Millar toM me to brand all the instruments. I branded the case of the level that went to the Coast ten times The telescope produced, the level staff, and the legs which have come from Mr Millar's now, are branded. Ntne of the instruments in tho office are branded. I have not had the br-ind-ing iron nince October last. It ha. gone to Karamea. where Mr O'Conor has sent everything There was no one present but myself whea the conversation took place between Emerson Millar and the defendant about the purchase of the level. By the Bench : I think it was a very careless actio, to leave the lev.l where it could be washed aw. y by the tide. _ William Greenwood: I am a suweyor, and since la.t July have beon in the Provincial Government employ. I remember Emers* in Millar coming to Nelson in August. After his arrival I saw instruments similar to those mentioned in Crawshaw 'a voucher in the pos«ession of the defendant. They were used in the Government service. I recollect peeing several of the instruments branded slurtly before Mr Trent went away. I hal nothing to do with the branding I h°ard something about the 12-inch level being lost I think they were ashamed to tell me all about it. I purchased a dumpy level from Sharp and Pickering some time ago. That instrument was one of those shown me in Mr Gully's possession last Thursday. I cold it to Mr Millar in October, as he said he wanted to replace one he had lost. iJros '-examined: I have practiced as a surveyor both in Otago and Wanganui. In both places I was a good deal with Mr Millar. I know pretty well what inatruments he has. I don't know if he has a dumpy level. Major saw to the branding. The telescope produced has_ been at Mc Millar's foe som) time. Major and I were in the Government service on the day Mr Millar was dismissed. We went away on the sane day and never went back again. We were not dismissed. The first time I saw a Government instrument branded was in October. S.varal of the instruments in the office are not worth branding. They look as though they had been given to children to play with. This closed tbe case for the defence, and after an hour's adjournment t» consider the evidence, the following decision was givm : — The Court has come to the conclusion from the evidence adduced that the charge has been sustained; thit the accused, by a fictitious invoice, induced the Superintendent of Ne'son, during the month of October, 1876. to part with the sum of £49 15s for the alleged purpose of procuring certain instruments enumerated therein from one Ashworth Crawshaw, now of Dunedin, which sum was ron verted to the use of the accusid by the seeming vendor, at the instigation of the accused, in payment of certain monies owing by him, and that the sub.«oqiient attempt made to substitute other instruments in place of those the Government werd led to believe were to be forwarded from Dunedin does not in anywise diminish the c .minality of the offence, nor can it be urged in exten_ai ion. With regard to the arrangement between the accused and Crawshaw (which to say the leait was a very improper one) whereby the latter airrsed to act merely as an agent iv transferring the property of certain instruments from tho accused to the Provinc'al Government of Nelson, the Court has nothing to do. The Bench are therefore of opinion that a prima facie cage has been made out and thit it i* consequently necessary to refer it to a higher Court. The accused wns then cautioned, and fomally committed to take his trial at the next sitting of the Supreme Court, in May next. Bail was allowed, the accu.ed in £300 and two sureties of £150 each. Messrs Lightfoot and Thornton became responsible.

As a rule (says the Melbourne Telegraph) the would-be-suicide is not particular by what means he makes his exit from this world, but it is somew hat significant to find that the hot weather invariably causes a large increase in the vital statistics, and more especially in the gloomy column devoted to " bodies found drowned." According to Dr Youl, our city coroner, just about 300 inquests are held in Melbourne annually, and of this number there is a certaiu percentage of cut throats, persons found drowned, poisonings, and hangings. The number of such cases never varies. Should there be a scarcity at the beginning of the year, a plethora is sure to be experienced before it is far advanced, and when the returns are balanced the figures correspond almost exactly with those of the preceding year. Up to the present this year has been more prolific of inquests than usual, the short season of heat experienced afc the end of last week having visibly affected the health and senses of the community. The cool, though unsavoury, deaths of the Tarra would appear to bave irresistible attractions for many who desire to make an expeditious retreat from the battle of life, and from this source come the majority. A little boy was carrying a bottle of ginger pop down the street the other day, when suddenly the cork popped out and popped him in the north eye. He yelled so vigorously that a small crowd soon collected around him. Two carpenters at work on the next block, in their anxiety to see what the excitement was about, fell out of the second storey window on to a peanut stand beneath. Then two women fainted, one of them suddenly disappeared in an adjacent coal cellar. Three small boys shouted " fire," and a man with a long ladder oa hi. shoulder, hearing their I

cries* turned, round suddenly, and after overturning an apple woman amid the demoralising ruin of her wares, the end of the ladder demolished a plate glass window, and finally settled itself on an old gentleman', worst corn. Then a fat old lady had an eye gouged out by an umbrella, and a Dutchman and Irishman, after excitedly endeavouring to explain to each other the cause of it, got into a fight and rolled recklessly into the gutter. By this time seven policemen, headed by two fire engines, came upon the scene, and arrested nine innocent lookers on. This had the effect of dispersing the crowd, most of whom to this hour haven't the remotest idea of what it was all about anyhow. — Danbury News. A walk from the Atlantic to the Pacific, 3000 miles, has been undertaken for a wager by Mr Campbell, an American pedestrian. During one part of the walk the weather was so cold that he never sat down during the day for even ten minutes. He will recrbss the continent by the same route with a wheelbarrow, in which he will carry his blankets and cooking apparatus. The grain harvest in lowa, U.S., has been so plentiful that farmers are pro- | posing to use tbeir crops for fuel. The j corn they flay possesses only a nominal value, there is no market for it, and as wood and coal command such high prices, why not burn the grain with which agriculto-iitß are overstocked. The statute of Prince Albert, under the Hyde Park monument, has now been completed. Tbe Prince is represented sitting robed, with his left band on his knee, and his right hand on a book, whilst he looks towurds Buckingham Palace. The statue, eighteen feet high, is entirely of bronze, and when gilded and finished will be unveiled by the Queen. Kissing among ladies is going out of fashion in America. Refined American women, an American journal tells us, have given up a custom wbich has been so much ridiculed. The reign of false hair is over, and it is said that Parisians are already arranging their own locks either io plaited or twisted coils round tbe bead, or in artistic curls at the baok of the neck. (For continuation of Newt see fourth page.}