MERCER S. M. COURT

Pukekohe & Waiuku Times, Volume 9, Issue 519, 1 April 1920, Page 2

MERCER S. M. COURT

MONTHLY SITTING. (Bpfore Mr P. K. Hunt, S.M.) The monthly silting of the Mercer ; Magistrate's Court took place yesterday! Mr. F. K. Hunt, S.M.. presiding. Prohibition Order. An application for a prohibition order against Walter Campbell, labourer, of Mercer, was made by the police. The order was isnied by consent. Alleged EmlieirleiMenl. Waller (V,mpbell was charged with having received *'.2 Irom .Jack Potapu on April 12, on terms requiring him to pay the amount to the Mercer Domain Board, and did fraudulently convert the same to his ovn use.

Campbell was also charged with having received l<»s on October 10. 101P, 'from W. Sell wood on terms requiring him to pay the amount to the Mercer Domain Board, and did fraudulently omit to account for the money when he was required to account for the same as aforesaid. Mr. P. H. Basley appeared for the Mercer Domain Board. Defendant pleaded not guilty.

The information was laid under section 181 of the J.P. Act. part f>. Counsel for the board said Campbell was acting in the capacity of ranger, and collected fees for glazing cattle on the Mercer Domain, but had no authority to sell any firewood from the domain. He exceeded his capacity as ranger, and sold the firewood to Potapu for C2. for which a receipt was given. The money had not been paid over to the clerk. The cle.k of the Domain Board, Mr Paterson, said he wrote to Campbell on October 10, asking him to return all bfioks, papers and moneys he'd | by him in order that the accounts j should be paid. He received no lesponse, so in November he wrote asain, and received a receipt book. He could not find a counterfoil of receipt issued to Potapu for K2. Defendant never told him he had leceived £2 from J. Potapu. Witness did not know whether he had authority to sell wood off the domain. All moneys received by the ranger were to be handed to the clerk, who was treasurer also. At a subsequent meeting of the board, Potapu laid a complaint that he had not received a receipt for the t2 from Campbell. Subsequently a receipt was issued. On Friday last Campbell came in and put 5:2 10s on the table, and asked for a receipt. Witness said he could not s-ivo a receipt as the matter was in a solicitors hands, toother with the books. Campbell asked who the solicitor was, and said, "You are making it pretty still." Campbell never owed him or the board any amount of £2 10s. only which was due to the board. In answer to defendant, witness said he received a scribbled note asking what receipts were wanted. Witness replied, stating that he wanted all moneys paid due to the board. Witness never asked him specifically for the K2 he had received from the

Maori. He once wrote and asked him for the money he had received lor firewood. For domain work alone last year defendant collected about V;7O, and was paid on- the 4s in the >;l basis on all moneys collected. Subsequently he received all the books, but had not received all the monoys. Jack Potapu. a native resident of Mercer, said Campbell approached him and said he had better buy all the firewood on the domain. Witness took a couple of loads at 3s por load. Two or three days late.' witness asked if lie could have all the wood for C2. Defendant replied "yes," so witness went away and got the money, lie complained to the clerk of the board that he had not received a receipt for lis. The defendant, on oath, said whiie he was ranger to the board he collected moneys at the rate of 4s in the 'II. Witness told the clerk of the board that he had received C2 for the sale of ti-tree, and told him if there was any more he would come up and fix matters up. He had auhority from the chairman to sell, and the latter knew he was selling the timber. He kept the moneys for a period of sometimes a fortnight, but the matter of holding the £2 was an oversight. He wanted to make one job of the whole business. He took the money along to the boaid last Monday week, but the clerk told him he could do nothing as the whole matter was in the hands of the board's solicitors. Defendant was :• married man with two children. The Magistrate said defendant held moneys that did not belong to him, a thing he should not have d>>ne. The man was rather neglectful as a ranger. He did not want to convict him, but warned him not to keep other people's money. He ordered him to refund the £2 10s, £2 2s soliictor's fees, and IGs Gd winesses expenses, and 14s Court costs. The Magistrate did not enter a conviction .

Threatening Language.

A complaint was preferred against Campbell that on March 17, 192(1. he unlawfully used threatening and abusive language to Mr. T. K. Paterson, stating'. "I'll get yen some dark night; you can look out for a clout. I'll chuck you out," whereby a broach of the peace nvght have been occasioned .

The complainant. Mr. Paterson. requested that Campbell be hound "\ e to keep the peace in particular t" the complainant. As defendant lias consented to a prohibition ordor, the case was adjourned for a month.