RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 1319, 8 November 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker, Esq., 8..M.) DRUNKENNESS. Robert Evans was charged with having been drunk and disorderly early yesterday morning, and was fined ss, LARCENY AS A BAILEE. Joseph Douall was charged with having, on the 9th October, then being the bailee of certain valuable securities for money, to wit, certain cheques and bank-notes of the value and for the payment in the whole of LBB or thereabouts, the property of one William Gruar, unlawfully aud fraudulently converted the same to his own use, and thereby did feloniously steal the same. :: \

Sergeant-Major Thompson prosecuted, and Mr. O'Meaglier appeared for the accused, who pleaded not guilty. The evidence of the prosecutor, a storekeeper at Ngapara, was to the effect that on or about the 9th October he received about LG(S from his store on Livingstone railway line. It remained there for about 24 hours. He placed LBs in an envelope and addressed it to the manager of the Colonial Bank of New Zealand, Oamaru. There might have been more than LBB in fhe envelope. Mr. James Breen, butcher, of Ngapara, was present when he put the money ill the envelope. Up put the enr velope in the till. It remained there fr ;m the S.li till the morning of the Och, when lie gave it to the prisoner on the Nifapara railway platform. He had known the prisoner for many years, and did not think hq had a knowledge of his (witr ue.V) business. He asked prisoner to di.'iiver the letter, and prisoner said he would do so. Constable Walker saw him give prisoner the envelope, The witness was cross-examined at considerable length by Mr. O'Meagher, and stated that he did not know the exact amount he had placed in the envelope. Ir contained two cheques —one for LI and the other for LI or LI lib—but he could swear there was LBB in the envelope. He had put the money in au envelope oil the 7th October, and placed it in the till, which had no lock. There were two other men living in tlie same house as himself, and had access to the till. They were in his emply. He could not say by whom nor in whose favor the cheques were drawn ; neither could lis say from whom he received them. There were in the envelope two LlO-notes, eight L5-notes, and twentyrsijf Ll-note?,

To Sergeant-Major Thompson : Witness said he had fixed the envelope with gum when he put the money in it, and placed it in the till. It was in the same state when he took it out of the till on the 9r.ii.

To Mr. O'Meagher : He would not swear that the envelope could not have been tampered with during the time it was in the till, but he would swear it had not been tampered with.

To the Bench : He had not seen the prisoner after giving him the envelope until Tuesday when he was in the custody of a constable. James Breen, butcher, Ngapava, stated that he was in Mr. Gruafs store on the Bdi .October, and saw hiin counting out money, There were amongst the money two LlO-notes, eight L5-notes, twenty-six Ll-notes, and two small cheques. He saw the prosecutor put the money in an envelope, write, an address upon | the envelope, and put the envelope in' the desk.

Cross-examined by Mr. O'Meagher: He was sure it was on Friday the Bth October that he was in Gruar's shop. He was there on private business, but declined to say what that business was; Constable Walker, stationed at Ngapara, stated that on the 9th October he .was on the railway platform at Ngapara, and saw the prosecutor hand to the prisoner a blue paper parcel. William Bannerman, teller at the Colonial Bank of New Zealand, Oamaru, deposed that no person had paid into the prosecutor's account LBB, on or about the 9th October, and that no such sum had since been paid in. Constable Christie stated that on the Ist instant he arrested the prisoner on a warrant at the Oamaru railway station. He explained the charge to prisoner, who stated that he had received some money from Mr. Gruar. He said, " I received some money from Mr. Gruar. I heard in Dunedin there was to be no more about it." Witness replied that the warrant was qpt, and that he arrested prisoner on the charge. In Tyne-sfcreet,"while on the way to the Police Station, " I received an envelope from Mr. Gruar. I came down by the train and went to the Colonial Bank. I put my hand in my

and then missed the envelope. I . I,«mi went back the same i ">au to try and iiitd it." Witness asked prisoner why he did not give information to the police, :-nd <ro back and tell Mr. Gruar. Prisoner : enlied that he felt aaiiamtd, and did not !'iiu to- go 'iu.uk. Prisoner iurther said • h;i he rheti went to ilal;«no, from there ... P-Jmersfcon, and then to Dunedin. To Mr. O'Meagher : Prisoner had not r- ' 1 hi:u th.-.t Mr. John Cogvin had told hun i>- warrant was on: for i; : s arrest. In Tyuu-stieet .the prisosrr s:iid, " I don't "hink there the montj' in the envelope that Mr. Gruar said there was." There was a man present when he arrested prisoner, and who was near enough to hear the conversation. This closed the case for the prosecution. Mr. O'Meagher said ho did not intend to call any witnesses, and if his Worship thought a prima facie, case had been made out sufficient to warrant the committal of the prisoner, he would reserve the prisoner's defence. The prisoner was then committed to take his trial at the next sitting of the ■Supreme Court, bail being allowed—prisoner in Ll4O and two sureties in L7O each.