RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIV, Issue 5559, 22 January 1879, Page 3

RESIDENT MAGISTRATE’S COURT.

Tdesdat, Jakbabt 21, (Before T. A. Mausford, Esq,, E.M.) FOROBBT. Ernest Wagner was charged, on the Information of Alexander Murray, with attempting to pass a valueless cheque for the sum of £5. Joseph Vivian, salesman at Te Aro House, deposed that ho remembered the prisoner coming to the store on the 11th, to purchase a felt hat. He tendered a cheque for £5 as payment. Witness handed back prisoner £1 9s. od. as change. Alexander. Murray, clerk in the employ of James Smith, Cuba-street, deposed that he presented the cheque (produced) to the Bank of New Zealand. The cheque was returned the following Monday, marked not sufficient funds. Henry Alexander Warren, ledgerkeeper in theßank of New Zealand, deposed that prisoner had an account at the bank, but closed it on the 18th November. He opened it again on the 3rd of December, when be paid in £4 3s. 4d. The following day he withdrew £4, leaviug a balance of 3s. 4d. to his credit. Since then no further transactions had taken place. The 3s. 4d- is still in the bank to prisoner’s credit. ANOTHER OHAROB. Ernest Wagner was further charged, on the information of James Nelson Owen, with passing a valueless cheque of the value of £3 on the 7th December, 1878. The evidence in this case was very similar to the previous one. Mr. Allan asked his Worship it there was sufficient evidence to commit the accused. His Worship observed that had there been only one charge, and the prisoner having a small credit at the bank, in all probability he would have dealt with the case summarily. As, however, there were two cases ho would commit him. Mr. Allan reserved his defence. Bail was allowed in each case, prisoner in £SO, and two sureties of £25 each. THE LAD BACON’S CASE. William Waiter Bacon was charged on remand with stealing from the office of the Anchor Lino of Steamers the sum of £265 in bank notes. Mr. Oonolly conducted the prosecution. The first witness called was Alfred Henry Brind, a purser in the employ of the Anchor Line of Steamers, who deposed: On the Cth of the present month he was at the company’s office at Wellington. He first arrived at the office at 10 a.m. The prisoner and (Houston were also present. Witness asked (Houston to take charge of some money. The money was counted out on the office table. The money was subsequently wrapped up in a blank Custom House form supplied by prisoner. The parcel was then tied up and put away. £220 was put inside the parcel. Witness wrote outside the parcel “£220,” and signed it. The remainder of the money witness kept in his pocketbook. The pocketbook was tied to the other packet. Cloustou then took charge of both packets, and locked them up. The following morning witness went to the office ; Olouaton went to the safe and said, “ Hallo, where is this money of yours?” Witness replied that he did not know. Prisoner was present at this time. A search was at once instituted, at which the prisoner gave a hand. Witness could not identify any of the money. He could not swear to the pocketbook. Prisoner said he had nothing to say. William Edward Clouston, of the Anchor Line, corroborated the evidence given by the last witness.

Charles Millwnrd deposed that on the evening of Tuesday, the 7th instant, he and some other boys were playing in Tory-street close to Mr. Bacon’s house. Witness saw a gun under the house. A boy named McCarthy took the gun away. They also saw a swag rolled up. On the following day, further under the house than where the gun was, they found the bag produced. They saw it first at dinner time, and at night witness teok it home to his father. There were some bank notes and also four boxes of cartridges in the bag. The money amounted to £lB7. Witness’s father took charge of the. bag and its contents. Charles Millward, father of the last witness, deposed that he received the bag, gun, and blanket produced and delivered the whole of the things to Inspector Atchison. The money amounted to £206.

Constable McKay, of the Wellington Police Force, deposed that after the prisoner was remanded he said to witness that Mr. Clouston gave him the keys to look up the office. He put tho books in the safe. He took the money parcels out of the safe and left them on the top; then looked up the safe and gave the keys to Coulston. He and Coulston then left the office together. He went back shortly afterwards to the office, entered by the back door, and took the parcel away with him. He stated where ho had planted £45 in a pooketbook ; he said it was somewhere about Wadestown. This conversation took place on the 9th inst.

Acting-Detective Smart deposed that he arrested the prisoner on the morning of the 9th at the Anchor office. Witness accompanied prisoner to Wadestown, and showed tho place where the things were secreted. There was money to the amount of £46. The goods have been in the hands of the police since being found.

This was the case tor the prosecution. The usual charge having been read to the prisoner, he said he hod no statement to make.

_ Mr. Conolly asked his Worship if he considered the prisoner under the age of fourteen years, and whether if he considered the case fully proved he would not deal with the case summarily? _ His Worship observed that under tho Justices of the Peace Act he had the power to deal with the case summarily; but considering the largo amount of money stolen, and the different confessions made by the accused, he thought it was a case that should be settled by » higher Court. Prisoner was thsn committed

to take his trial at the next sittings of the Supreme Court. Bail was allowed as follows: —The father of the accused to enter into his own recognizance of £2OO, and two sureties of 4100 ecch. ALLEGED EMBEZZLEMENT. E. Holroyd Beere was charged, on the information of Henry Czerwonka, with embezzling the sum of £133 2s. Mr. Ollivier appeared for complainant, and Mr. Travers for defendant. Henry Czerwonka, civil engineer, deposed that he remembered an interview he had with Mr. George Beere, in April last, relative to some extra work that was to bo done to complete a plan on which the accused was engaged. It was agreed that witness should give a certain amount of assistance. Those engaged to do extra work were Messrs, G. Beere, Porter, Edgar, Lewis, aud witness. The account for the work was made out by witness, and given to tho accused. Tho accused subsequently went to Wanganui, and witness followed him in his employ. After arrival at Wanganui, witness had some conversation with him about the money for the extra work. Accused said that he had not received a penny of the money. By Mr. Travers: It was at Mr, George Beere’s request that I knocked off my ordinary work to go on to the extra work. The accounts were made out by Mr, George Beere’s instructions. Witness agreed to take £1 Is. per day, instead of £3 35., on the assumption that the accused was going to pay it out of bis own pocket. In reference to the extra work for the plans, he was never directly engaged by accused.

At this stage the case was adjourned for a week.