RESIDENT MAGISTRATE’S COURT, GISBORNE.
Friday, December 19, 1873. [Before W. K. Nesbitt, Esq., R.M.] Regina v. ELLis.-Thomas Ellis was charged with having obtained goods under false pretences from the store of Messrs. Robjohns, Teat and Co. Mr. Wilson appeared for the prosecution; and Mr. Cuff for the prisoner. William Teat, on oath, states: “I represent the firm of Robjohns, Teat and Co.; on the 15th of this month prisoner came to my store and asked me if I would rive him some goods on credit. I told him I would if he furnished me with a fair prospect of payment. He said he required £6 or £8 worth. I remarked that it was a large sum for a work-
ing man to get on credit and hesitated. He said he was living with Mr. Parsons who owed him monev, and when he settled up with him at Christmas he (the prisoner) would pay me. I gave him goods to the amount of £8 2s 4d. , I should not have given him these goods, had he not stated that Mr. Parsons owed him money. Cross-examined by Mr. Cuff? When the prisoner first asked me for credit he did not say Mr. Parsons owed him money; but he said that a friend of his was going to work ’ritii hip at Mr. Parsons’, ana was hard up for blankets. He did not mention any particular sum of money due to him from Mr. Parsons. I did not ask him for an order on Mr. Parsons when I gave him the goods, but I did so eventually. I do not think I should give goods to a stranger without payment. I asked Mr. Parsons if he owed prisoner any money. I had occasion to doubt prisoner’s word. I inferred from his statement that Mr. Parsons owed him a sufficient sum of money to liquidate his debt to me.
Samuel Parsons, sworn, states: I know the accused. I did not owe him any money on the 15th of this month. He had been working for me. I settled with him on the 14th of December at his own request. He left me without notice.
Cross-examined by Mr. Cuff: I gave the prisoner 5s a day. He worked for me two weeks. I intended to employ him at grass cutting. I gave him £3, and was under the impression it was all I owed him. I may bo still indebted to him. Prisoner did not return to me after leaving on the 15th. Francis Stanhope, on oath, states: lam a Sergeant in the Armed Constabulanr Force. I arrested prisoner and told him I had a warrant to do so. He said “ I expected it.” I read the warrant to him and cautioned him. I asked him where the goods were he got from Mr. Teat, and he said he did not know. William Teat recalled: Cross-examined by Mr. Cuff: I have sold the prisoner goods before. I never gave him credit. I let him once have a pair of boots on approbation, which he exchanged to another man, who accounted for them to me about a week afterwards. William Stuckey, sworn states : I know the accused. I saw him last on Wednesday morning when he wanted to borrow some money from me. I lent him £4. He offered me some goods as security (list produced.) He said he only wanted the loan of the money for a short time as he had taken a contract for some fencing at Tologa Bay. I have known the prisoner 12 years as en honest man. I took the goods as security. I did not charge him interest. Samuel Parsons recalled, states : I find on referring to my books that the sum of 30s is still due to prisoner, and his statement about my being indebted to him is perfectly correct. When he left me I was uuder the impression that he was coming back to cut grass. Mr. Cuff and Mr. Wilson having addressed the Bench, the Magistrate said he should elect to send the charge to a jury, and committed the prisoner for trial.
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Poverty Bay Standard, Volume II, Issue 116, 24 December 1873, Page 2
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687RESIDENT MAGISTRATE’S COURT, GISBORNE. Poverty Bay Standard, Volume II, Issue 116, 24 December 1873, Page 2
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