RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 14, 8 May 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

❖ t THIS DAY. _ ) [Before T. W. Park or, Esq., U.M., and James Udail, Esq., J.P.] i DHXJSIZ Aln'D DISGKDXRr.Y. .{ Henry Smith, arrested on the above charge,; was dismissed with a caution. .^ Edward Oillott liiekerton, on remand, wa£ charged that lie did, on or about the 7UO February last, embezzle the sum of £(> Is. Gd.7; belonging to Milne, ,of Oamam, carter. Vj Mr. Hisiop appeared for the prosecution,: and ilr. o'Meagher defended the prisoner. John Milne, sworn, deposed : Entered isrV an agreement with the prisoner to collect iul my accounts, and make up the books., lieiiiuiieiation to be at the rate of five percent.; on ail amounts collected, and £1 per month; .salary. His duties wore to collect my monies," and place them to my credit at the; bank,! Neither of us were supposed to draw on it. " The prisoner was to pay all outstaud-1 in-- f accounts as they came m out "of, the'; monies lie received, after I had certilied to' the same. Made no arrangement as to whicli bank he v.-as to pay the monies into. lu-' strnetcd prisoner to insert an advertisement; authorising him to collect my accounts. The' amount due by F. Every was £o' 14s. (id. In the prisoner's handwriting in the ledger-. the item stands at .ti7 (id. Signature to ' receipt produced, £0 la. (id., believe to Ixsji in the prisoner's hand writing. The _..§um of | £0 ls/cM. is credited to I. f by error. Do not know what hasl M;S this. Asked the prisoner at the end mlij March last for a settlement of all between us. lie did not settle up, rfud stated.'; he had not got the money, and made other,, excuses. Asked him .repeatedly for a inentj but never had airy. Last saw the pri-| soner on the 13th April, at his own house, j He was getting his furniture away at between;? ten and eioven at night. Asked, him what 5 he meant, and he replied: "I should find: my business all right iu the morning, ancU tiiat this was no time to talk business." I.? replied: "This was impossible, as I had a ! ; cheque of his which I could not get cashed.".* I tlien told him I wanted all my . books and | papers. After some words between us, the] prisoner's wife took him away. Did not se3 ' him again till the following morning, when | Ise informed me he had given tlie 1 : key of his ofiieo to Alexander M'Gre- 'j gor. He left per coach f.flS' Dimediu '■■ l on Good Friday morning: M 'Gregory, •jCLva me the books at twelve o'clock on tho night of the 13th ulo. The ledger produced ; was lying on the table previously used by the prisoner. The iir.jt forty-eight folios have ;;e-iii torn out. Also received tho leaves ot '-.■ the ledger and seen memo, books. On Saturday, the l.">th ult., at \) a.m., I removed tho stove out of prisoner's late ortice. Discovered the leaves of the ledger rolled, up in , the stove, and .handed them to the police. There were also papers iu the stovo repre- , seating certain balances between the pi-Lonei' and myself. Never rocei.ed; auy i>ala;ice. The last item in my favour shows a baianeo of £2o lis. ihi. If X collected any monies i always handed them to the prisoner, .; iu order to i;-'--e"p tho accounts Square. Never ; in mired if any account'had been opened iu my nam'. On the 30th March last when I asked i.i-isoner for a settlement, he did not say where the money v.'-.i-: but k--pt putting me oil'. The cheque produced tor i'iu, dated . the 7th April, was for money lent. Cross-examined by Mr. (/Meagher : No money would be due to me if all my debts were paid. Never revoked prisoner's • authority to coli.ct; but lie iuformedjine he c.mid no"longer continue to do So, a^ it did not pay him. The to) authored bv mo. ileme:nb;rcdV going through the !x;ok" with prisoner tlie Sunday before* lie was Earreotod. Did not toil bun not to pay JaoS and Steele's account; but instructed" him not to pay Anderson and Mowat's ; also, an acceptance of W. Aitken's for Ziii odd, winch I had given. Discovered informality about the stamp on the acceptance alter it was given. Declined to give another in lieu thereof, and consider this procedure an honest one according to my code of morality. Do not know if it is paid. The acceptance was given iu part-payment for an express-waggon. Alexander M'Gregor employed mo to move the stove. Saw no fire iu prisoner's that night. Got a cheque from the prisoner 1 for £! 7s. (>'d., balance of wages. He never told me he had paid auy money into my private account, nor ; did he ask me to sign auy cheques. [Lett Sitting.] ■trt.v