RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 25, 28 July 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

Tuesday, 26th July, 1864. (Before M. Price, Esq., R, M.) Patrick Dowling, for being drunk in Dee-street, on the evening of 25th inst., was fined ss. William Williams, who was remanded on a charge of attempting suicide recently, near the Wesleyau Church, on thcNorth Road, was again brought up. Dr. Murray gave evidence to the effect* that: Williams, since he had been to the hospital, had led him to believe that he was' now perfectly sane, fit to bo at large, and not dangerous either to himself or the public. The prisoner was then discharged. " ' EMBEZZLEMENT. Patrick Rough, on a chargo of embezzlement, wliile in the service of H.M. Customs, was again remanded until next day at 11 o'clock. CHARGE OF CONSPIRACY. [ Morris Salek was again brought up on the above charge. ■ • ' ! . Mr. S. M. South applied for the depositions of the witnesacß who appeared in the prosecution of Joseph Silverberg being read. -The prisoner being permitted to cross-examine the witnesses on their evidence in the former action, . . ! The evidence of Herman Buttner (of the firm of Buttner and Hallenstein) was read over. Cross-examined by prisoner.— -I y don't know exactly how much money I lent you. Somewhere about'£2oo. We are not in the habit of lending money, and I don't know how much interest we charged you. It may be 50" per cent., or_ss per ' cent., or 100 per cent.; butvr ; cannofc tell you exactlj. You gave us hi security two or three ! deeds. I don't know the value of them. You gave us also the papers of the Royal Hotel, and a . box of jewellery. . '• Mr. .iT. S. Johnston's evidence was' now read over. The prisoner did not cross-examine him. i 5 Mr. W. Scott Reid's evidence was _ now read. J The. prisoner di?L not cross-examine.'i this; witness. H. T Ross, merchant, now had his former 7 evidence read over. ' No-questions were asked. ; J. S. .Morison's, evidence was now, read over. ;' 1 by- prisoner. — You had -never 3 been in my shop \- before./ You .called with Mr. Silvorberg." You' gave the order for the goods. It r was.on the.lst, and not the 14th.or.,lj5th, T p,fpih, t ; nieriy ai&to'd hi^my ? first' ' examination. (: Tlio' hhd. • -ftf 'brandy was, :alstf, '.bought by' you, • and not] by P Silverberg,. as^fpraiferly stated by 'mo.°'*Mr."'"J6hn 1 ■vVilsoh whs'ih'my place at tho time. ____„_... ,_.. ! r r - W-'- IJ.' .f : Bank"Si . book-keeper • t o Messrs: Buttner ; • 'iindliall&ist'iin, Md Ins ' form er depositions read, a" 'over to him. .' „ „.. . , n ,-,--,'. ; < : ' n'oro3s-exammed:-Mrnt]ie thvee'bills.produced/'thej Is amount for c^lenti is :t; G odds amounted : ! to £19 18s. 9d., an.d'-£2O for inter i est^and. v com- « i Jmis'sionT^Tno -febhimissiph sl;pe5 I; per > cent.^arid|the U or 16 per eenti'pV anhnm;^ paving b calculated tile ampuri^l now fihd'tlie per cehtage to .b! tibe ; s6per^cehfc * Tw6'lnll3 t; haye he£n°paiS ! ;£24 il 18s., 9d. and £105. - ::C:i) ' k ti}>^' l ' P '\ V ). Mr. South.— l tliinkyou..are wrong in etatrrig if the interest at^S- percent. I■-' You1 ■ -'You evidently con-

Wo'thTmweii with'thelobi-inisaion, v X find tho, ,-H. Hu_t had -his evidence read- over to' hiifc. ' Ko questions .were putby,wiaoner. v,- • J7.J Wy&< Mi Mvm awtolied -fcr'_' A w»and tile Friday moynii.g.vfo?yoyiaence of somo witnesses who ware absent, &ud also tbat tbe evidepoo might be engrossed.^ ■;""" „ , 1 Bomancl uras ;#?&ntod awoKdmgly. I The, Oouyfc jliw^ofunod,- ■ ,7^^ 7 '777' ' '',' nw'Mft>">»» „ 7"^ r'7 :■■■ u »*■ %ai3SßSti-#2 i r™ Jif_._vlB6V ' f (Bcffo.o »"Hr M'Gullocbr Ssq.i ?. ?•) i Jambs Pftttewon, for drunkenness in Tay'sfreot. WflßflnedJa,-- -, ; <-. ■ /, ■./■•;>■'.."■.* ; i ... „ -X. ff v '■ '•" \ Patrick Rougb) ifttely in tho employment 5 of ,H v J£yC. l l*»t <^ rem^d, on,-io ftbpYSiCharge,,«y!j „->.... { O. ! "»: , Cagti-in ,^Uei} o^itsi /Mj 1 * H f l)onnld appeayoji for and „.^, .$,,,.#.;■ .South -<_b.f tlio debused." ,".-.' V....7, ■ : .•■■■, -„-.., .;..<7; . r*..7J r^-ift^ i . Mr, : 3f Donald < opened 7the/;- esse fo? . tho ni'eseoutiauV »ket„.->g tli^pvtobip&l .featiurea. j .'"A; J; is_o's,"ebllebtoi?' of Wtoini,wtl' _ooouwt 22nd 7Se#T 18u27 Xri is'abifo§co Mr, Patriot Eough.tfas &uthbriSet.bf jfteytb-Jiot ft* mo, and _e(ieivb ; '. _ioa«9' r _&n ;I9t__ ;ip_', $2nd inolusifroi ls' f ti'bbbk kept 1 for the 'entering of hll moneys ao receivocl7 I "i .turned ( oh Tuesday, tlie ;23rd. ,:1.-. Ba^iy prisoner wheri'l^roturnbd.;-. l A»ked !him i :fofc;the menoyhe; 'had rpc6iyed, ; "He(|ave',' tho ;.money ; alonglwith thei entries^whicbish'owled the money, was paid.;;«.The sums of money 'which ii raceivod fern him ; are entered; itt this-book by myself and' Mr.Vßough; nl!£aid.;on2otb>Sept. i . i A. J. Maning. ! :*£26 25., accounted for ■;* also, bn 22nd Septi^Calder.Blacklbck and-Ooij £18 7s.'4d; ; and.Co-iu.':2-i Campbell and Co.. £oiOs.\^ Prisoner did not account for a sum of £2_ 155.-, : :- received from Calder, Blacklookand Co. I first became awaie-of, deficiencies -in May outfutte. 1863, when .Mr.-TDobber^came; toithb -Spcker _ Stook Book, .and .-.chscoyered^.ia hogshead .--of -'brandy - to appear ;, to bo,v by;, that book -in his bbok, which:.: he was certaii-7wa_ takoii - but i.'bofore. Lremembcr 16th Juiie/ 1863. .'; i . I'm,: ai Returning ;.officer at the WaihopaL election, iand was -away all -.day.,- from the" Custpin-House/tj .Mr. iP.*Rough. in my absence, was authorised to ofliciate -during iniy( absence.' i.;I think.:! was" awayuforJ two .When , I. returned: l ! asked him to account. for tthe ;mpney he, had; taken whiie.lrwaa absent.: The : J entries appear in this b00k,.,-, ..There .are a great many entries on '".that day. The prisoner accounted .for the sum of .£3Bs;jfrom; R. jWilson ; and '(-V/pcr Alex. Sayers, on 16tli Jiinc, 1863. I havo the two entries for goods paid by theni on that day. They were- covered "bygone cheque* The one entry is for £38 55.-, ; the other for £18-9s: ;'Bd.7 Both signed as received, by P Rough, pro collector] They were both paid on, the 16th. .The £18 9s. Bcl. iß?not entered in the cash-book. The prisonerbas never accounted for the £18 9s. Bd. I first discovered the deficiency in, September, following; -when Miller _"C6. werecleariug out their bond, when, the gppds-,(niue chests tea and eiglit half-chests of tea), which by our books ought to have, been in the bond, and were not in the" bond. The custom" is .to pass .three entries— one! for the collector, one for the lockerj; and bhVfor the long-room. The: collector signs' the whole, three on receiving the money. Then one is , delivered to the locker, or .to the merchant to give t -) him, for 'delivery of goods. The others are kept in tlie.officc.till the cash-book or journal are made \ip. This custom was observed as regards the £38 ss. The three entries for £18 9s. Bd. for the , locker (produced) was- signed by Mr. Rough. The other two were not signed, and. were found in prisoner's "drawer.; ; | The order required to be .signed. .before, the; goods, -would be de_yered.. : ;.,, -.- ,;.'-.,..,,,, ■.-,.>;.■ -„;.-j.-. ■' Crosi-examined.— rPrispners. had been, in the Customs from April, 1861,? up to 'Juno,--1683, as" a landing-waiterl At the time the £2-4 155.. was., received I kept the cashbook myself. 7 'i&r 7the .'.iast..., sum,._ the. .chief clei-k kept tlie cash-book, "bufl" examined the en--tries.- /fPrisoner's^general; 'character was;'. good, till I discovered these defalcations. '" I could -scarcely believe it true." Hc/was-'a capital office? when ho was stirred- up ; ;. -but he'fwas exceedingly indolent. These are the plain facts. "W". E. I>. Bigsby, teller iii the Bank . of New Zealand, deposed'. — I -was id the bank on 20thScptember, 1562.. I don't know whether. l- paid the cheque for £24 155., drawn by Calder, Blacklock and Co., dated 20th September. It was cashed same day. It .was not^passed to i the 'Sub-Trea-surer's account, or to any one else. Cross-examined.— l 'don't know who presented thecEeque. noi* whatiwas'the conversation passed. It is numbered 376. . . , „. W. If. Calder (ofthd'firm of Calder, Blac_lpck, and Co.) deposed.— -I identify cheque produced as one issued by our firm-.' The signature is mine. It is dated 20th September, 1862. The body of , the cheque is written bf Mr. William 5 Blaeklock, who was our Custom-house clerk then. It was for duty on a quarter-cask of brandy which we were clearing out of "bond; I handed the cheque to Mr. Elacklock 1 6 pay the' duty.' ■' I 'am- nob aware if we paid anv other duties that day. Cross-examined.— l don't" know if wc paid any more duties that day. . I don't know if I saw the prisoner that day; and fof all that I know person-' ally the cheque may have been paid at the Cus- , tom-house. / :'• 7 7 : ' :; J> ; 7 ■Al A.. A ...-..' : Mr. W. Blacldock .deposed—- I was in Sept., 1862, custom, shipping, and general clerk to Calder, Blacklock and Co. The body of cheque now produced is in my hand-writing.; Mr> Calder signed it. I took it to the Custom-house. I gave it to the prisoner to pay, duty on a hogshead of brandy. Prisoner asked me if I had any entries to pass that day. I said I had'.no .occasion to take any-, thin" out of boiid J till Monday, but as it would oblige him, Captain Elles being absent, I wonld do so. I then went and got the cheque. Mr. Rough and I took the brandy out of bond. Mr. Alexander Sayers.. In the month of June, 1863, I was salesman, to. R. Wilson," aud Co. I could not swear to receiving any particular cheque from Spence Brothers. I. always cashed the cheque I may not have done so once. or twice. I am in the habit of receiving cheques ] from Spence.BrotKers almost every day. . The Custom entries produced bear date" 15th and 16th 'Junes, ■ 1863. One for £18 9s 8d r on theloth, and th* other £38 5s on the 16th. 'They are, signed by "J. Rough, for Collector." I paid those sums of money to the prisoner. 7 I can not swear whether I paid the money to the Customs for Spenceß ros., or for R. Wilson and Co. I would pay them on the day on which they are dated. ■...-. „._;", •^. -- . .. i Cross-examined.— l generally pay'them. on the day on which they are dated. It is possible that they might have been paid. the. following day.. My only guide for saying that they were paid on ..the.-: dates mentioned, is from' tlie,[entries.themselves. -'7 -'"■ J John Spenee (of the firm of Spence Bros.).— 1 know Mr. Sayers. We were iri the habit of giving him cheques* from time to time to pay duties. From block of cheque-book produced, I find that wc - gave a cheque fo^.£lB 9s. .Bcl., to .c-lear.nme chests, of tea. 7The. r block is t nqt ; clated, but tlip ddte was Cither on r tlie 15th or 16thV Ihe 'throe quarter-casks of brandy was £33 os., making m .. all,^£s' V W s. .Sd^. ;ihe ( arjv >unt e>£ the cheque .1= gave Mr. Savers. „.' -j».--;7 ..7. ; Cross-cAa-.u^brjl : : .iljd^ ;not^see the prisoner about the transae-tibii. *-. . John 'M_khur, chief clerk m the Custom^ a'cpwed^Xvas _in,.^..;pMtp^^^»«W " I'ltept the cisli-book then. The entries from loth to 16th June,; 1863- inclusive,^M. 1^ l 7 ™ m \ writi-Br' -Kerb' "is . noLauy entry, of r a sum. of "'£lB 9s "Bd." A sum of £38 ss. is entered as ro.- -■ .ceived from R. -Wilson and Cd.Ov C_.pt. Slles J .absenti'uOn] either- of -.- the days , mentioned. jTMr Rough was leffc : in charge.:.. \~i~ Ay:wn?ii:. [^ \ 7 . Cro§9-examincd.-T-I ; douldfnot-,make on entrj L of tltoi£lB 9s. Bd., there-bcing hb entry.tdtake ii - : ' -drpm. .Cap-^llesylibelieveywasPiuyjabsent One 7 day, but am not positive; m.'No/:.. other "person hiy r Mr. Rough recqived moneys, spiavas.l'm. aware 3"-' '"T°aid ! .;no^jrbceJLy^^ 1; '"place to 1 cto so. \~'-A- 77. ..-..Ai^uy r :,:>'\ \.?7r\A\ \ ' 5 ; Th&cib i ßeclfiio case ;^r'the 0^)^.7,....,.^., | K" Mr'' ?i S7^7" N South ; " addriessed" ; tho l Cou** . for the defeince,;. and ncofttendeS: tl&t there wa

■ boia'r'Mak^ of "his eSaiployinerit, *(roo 'K**i Prince •; and fov the embezaleijiont of money by a servant not authored to rbbetfbV'irid not.-vrifchintho statuto, It, «. Hurloyi alttiough'-'tho party paying it to lsim Bupposcfsßtliftt^ ho'is ,sd' authqi'iaedv V if The Bench, found sutiioiont ovidenco to wawasi* the priaono* being 'remftnded for trial &t the cnaa*' Ing sittings of the" Sujwomo Oourti— he finding ball ia. two sufties of £5.0 caoh, and lum&olf in ifdJlOOi T U U A '.! U ■■■cf.ji ■& >i . .•• The prisoner was uomaaded aoooudingly.' < O, jiCßefoM'M. ) ?nce, l E^. r E,;M ) ) . E. HAailiK'Xin6 'Co^s; Tntjaifess vrM'LEAsr.— . Claim for £3 9a. No appearanoo of defendant. Verdict foj« amontttfwith-cqsts. HiGQ-iJfs . v. ? EvAKsi— Defondant made no, appoarande, Judgment)* by defiiult for .amount, mt\\ fosta. »'-' i Hoaij ,vi^lii»D.»i-Judgnieht ■; lay \ d«sfe,ultf of won. appoavanoo of defendant, in favor of plaintiff fov . ninount, with costs.MT7S3?HY V, SOTOH. :i Claim' for :bailiff/B.ohargog,. . J •- V i-w % l My. South pleaded not indebted. The Couvt disthissed^he caso. Thesjo were one or two other cases, but- thoy W&to quite Unimportant,The Couvt then adjournod. oif :•) : ■, uuir^i^