RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 439, 24 September 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. \V. Parker, Esq., K.M.) DKU> T -v -A!ND DI^OHDEULV. Jeremiah Sullivan pleaded guilty to being drunk and disorderly in Thaines-stret-t on Saturday afternoon, and was discharged with a caution, as he had been locked up since Saturday. Thomas Wilson also pleaded guilty to having been drunk and disorderly in Thaints-street on Saturday evening, and was fined ss, as he had been before the Court on a similar charge only a few days since.

STKAY CATTLE. The following Sites wero inflicted for allowing catMt 'Loci horses to b- -.-.t lat]j.e : —Robt. K:,;-., ■.■.-■.• 55.: G. Patersi.«:. ■.--•■ M'Cnskei, o;k J l '- eo'V, f l3 '•

John Roberts, four horses, LI ; J as. Hassell, throe horses, K>s ; Win. Twiss, four horses, LI ; David Heron, three cattle, 10s ;' Patrick M'Cuskcr, one cow, 7s (3d. INSANITY. James Murray was again brought tip charged with being of unsound mind. Sub-Inspector Smith stilted the man had recovered, and that a medical man had certilied that he was in a tit state to be at liberty. His Worship thereupon discharged the man from custody.

L.UICENY AS A BAILKK. William Fraz-r M'lntosh was charged with Laving on the 10th September, as a bailee, converted to his own use and stolen the sum of LlO, the moneys of one Archibald Grant, of Hakateramea. Mr. Baliner appeared for the prosecution. Prisoner, who was undefended, denied the charge. Archibald Grant deposed that he was a shepherd on the Hakateramea Station. (Jn the 10th hist, he had an order for L 4!) drawn bv Mi-. A. W. Wright, manager for the Canterbury and Otago Association, Messrs. Russell, Ritchie and Co., and payable, lie believed, in Dunediu. It was in payment of his wages. On the same day he employed the prisoner to take a horse to Dautroon, and also employed him to come into Oamaru and lodge the order to his credit in the Bank of New Zealand. He told prisoner to make his charge for doing the work, which he did to the amount of L 3 17«. od. On the following Sunday he (witness) met the accused and asked him if he had taken the mare down all right and lodged the money in the bank. As the accused was doing nothing, witness told him to remain at his house until the following day, and he would pay him. On the Tuesday morning, as mens d was uoiii" away, witness asked him for the banlf deposit receipt, and he handed witness the document produced, which is in 1 exactly the same state as when given to him by accused, lie handed the receipt to his wife, and on his return home afterwards his wife pointed out to him that the receipt had been tampered with, and the ligures L3'.> had been aliorcd to lA,). He then lodged the present information. He had never authorised the accused to cash the order and take LlO out of it. Only L3;> had been lodged at the bank. When t:ie prisoner returned from town witness oli'ered him the L 3 17s (>.!., but prisoner would not take it, saying he pi\ tVrrod it being paid to him at Duntrooii at race time. In consequence of that request lie still owed prisoner the money. In reply to prisoner, witness said when he employed prisoner to take the mare to Duntrooii he told him that he _ would leave it to prisoner to make his o«n charge. No remembered prisoner U Ding hlm'that he "anted funds to take him along the road, but did not supply him with 0 nnv money. He would swear that prisoner' had not said to him that if .he could not use the order as his own, he did not wish to lave anything to do with it. Me authorised prisoner to open an account for hint in the Bank of New South Wales, lie had had transactions with prisoner previously, and owed him Lipids., which was part'of the claim of L 3 17s 01. made by prisoner. He (prisoner) did not bear the best of names, but he had always acted fairly towards him (witness) with* the exception of this transaction. He had told ] risoner to lodge tiie order in full in the 1 ank. John Edwin Llackburn deposed that lie was a teller at the Bank of New South Wales, at Oamaru. On the 13th instant the accnstd paid into the bank the sum of L 3;) to the credit of Archibald Grant.

The. nmmy consisted of notes. He produced tlio original credit slip. Ho had not given the prisoner the duplicate slip in i's present state. Tlie figure "o " had since been altered to "4," and t :e words " thirty pounds : ' had been altered to " fcirty pounds." Prisoner eross-examin d witness, but did not elicit anything of importance. Mounted Constable Thomas Loose deposed that he arrested the accused and found the cheque for LO on him, drawn by '• W. Sherwood Ilaine," together with a letter signed by the accused and addressed to the manager of the bank. The accused had made a statement to him when arrestnl to the effect that lie had not intended to steal the money ; that Grant owed him L 4, and that he had got

a cheque wliic'i he intended sending down to the bank to Grant's credit to make up the money. Prisoner cross-examined witness in order to show that he had acted quietly when amsted.

Alexander Grant was recalled, and stated that the account produced was the one handed to him by prisoner, and was for L 3 17-s. Gil. Mr. Balmer then nsked his Worship if he thought a prima fork case had been made out, or whether he deemed it necessary to have the order in question produced. If it was deemed necessary to have the order produced lie (the learned counsel) would have to ask for a remand ; if not, lie would not call any further evidence. His Worship remanded the case until to-morrow morning. ASSAULT. Thomas Farr was charged with having assaulted John Kay on the 19th inst. The dtfeiidant admitted the otlence, but caid he had received provocation. The evidence went to show that the assault had arisen from the plaintitf using

some boyish banter towards the dcfemla Hia Worship inflicted a fine of Is.. ■•. 103. costs.