RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIV, Issue 5795, 25 October 1879, Page 3

RESIDENT MAGISTRATE’S COURT.

Friday, October 24. (Before T. A. Mansford, Esq., E.M.) EMBEZZLEMENT. The charge against Frank. Nicholson of embezzling the moneys of J. H. Wallis, proprietor of the New Zealand Punch, waa resumed, Mr. Fitz Gerald appearing for the defence. The prosecutor was cross-examined by Mr. Fitz Gerald, and stated that the Is. per week he gave his canvassers was an arrangement made to protect himself, and all his canvassers had signed agreements to that effect. Prisoner also received 20 per cent, commission. Witness got a letter from prisoner from Featherston, stating persons from whom subscriptions had been received, but it was not a correct list. Witness did not take any steps to recall him from Featherston. He would have been satisfied had witness come back and furnished satisfactory accounts. In that case these proceedings would probably not have been taken. Mr. Fitz Gerald contended that there was not sufficient evidence that the accused was a servant. He also urged that though there was evidence of culpable neglect there was none of criminal intention. His Worship remanded the case till next day for decision. (Before Messrs. Hickson and Moeller, J.P.s). DRUNKENNESS. Mary Pugsley was charged with being drunk in Ghuznee-street, and al-o with being an habiiual drunkard. The defendant was on bail, but did not appear when called on. She, however, arrived shortly afterwards, and pleaded guilty to . the first charge. With

regard to the second she protested that the charge was a vindictive one, and that Sergeant Anderson was responsible for it. Superintendent James said it was the usual course to lay such charges when people had been three times convicted of drunkenness. The Bench - sentenced the defendant to a fortnight's imprisonment i n the first charge, and a rn .nth's imprisonment on the second. The first sentence was afterwards amended to a 10s. fine, or ten days’ imprisonment in default. STEALING A SWAG, Thomas Ryan was charged with stealing a swag belonging to James McCabe, comprising a number of articles of clothing. Prisoner pleaded not guilty. The evidence of the prosecutor was to the effect that he had left his swag at the .Metropolitan Hotel on 18th October, he having been drinking there with prisoner. He did not give prisoner any authority to apply for the goods. The barmaid deposed to the swag having been left till called for, and the landlord deposed to prisoner having come for the goods on 21st October. (Mr. FraQkell deposed to prisoner selling him the goods for 5b., and from the evidence of the arresting constable it appeared that the prisoner had first said he knew nothing about the things, but afterwards said he had sold them to Mr. Fraukell. The Bench committed prisoner to gaol for one month, with hard labor.