RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1521, 9 January 1872, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before Messr3 Calder and Dundas, J.P's.) Monday, Bth Jantur?. ■embezzlement bt a public seevant Ernest H. Ingpen was charged on remand from "Friday with having, between the 7th day of April and" tho 14th day of December last, embezzled sums of money amounting to £60 7s fid, belonging to the General Government of the colony. Mr Mncdonald" prosecuted, and Mr Wade appeared for the accused. After opening the case, counsel for the prosecution called H. M-'Culloch, Resident Magistrate, Tnvercargill, who deposed — The defendant wai Registrar of births, deaths and marriages for tbis district. He was also Clerk to the Bench in the Resident Magistrate's Court. He entered uuon his duties on the 6th April. On the 20th December last, acting under instructions from fche Minister at the head of the department, 1 took possession of the books, accounts, and cash of the several departments under his (defendant's) charge. I asked him for his cash book as Registrar of births, deaths and marriages. He replied — There is no cash book. I asked how he kept a record of the fees he received. He said he kept them on a copy of caßh book form. I asked him where they were. He said he had sent them up. He did not say where. Next dav Capt. Elles and myself examined the books. We asked the accused for his cash book. He again denied that there was one. Captain Elles said there must be a cash book. I went with defendant to his office and found the cash book now produced. Ifc contains no entries in defendant's handwriting. The entries to 26th February are in the handwriting of defendant's predecessor. He (defendant) was asked if he had received auy fees. He said, yes. He was then asked if he had paid them into the bank. He said, no. In reply to another question — what fees he had received, he said £1 2s 6d for ' every marriage, and £2 extra for every marriage solemnised in the office. We asked him how many marriages he had received fees for. He said, "they are all there," pointing to the j marriage record and declaration notices. Taking the marriage notice book, I observed that it had only been written up to fche 4th oT August. He said " that did not matter ; I could find out the number of marriages from the no- ! tices !" The list produced was taken down from | his dictation. It shows a total of £57 7s 6d. Defendant remarked, " this iB the worst part of the business." I saw it was important the marriage notice book should be written up, and I called him into my office on the 2Sth ultimo, and asked him to complete the entries in the notice j book to date. The total amount I then made up was £60 7s 6d. After that the accused admitted the correctness of the statement. I was inquiring at him about the transactions of other departments, and he said — " It is in the marriages that j it is all wrong. I may as well admit that at i once ! " The'defendant told me he received a I salary for the office. The defalcation runs from 7th April to 14th December. By Mr Wade — I do not know from any other mformation but his own statement that these fees have been paid to him. I understood defendant to refer to each item of the statement in making his admission. He distinctly stated ho had received the money. lam quite sure he did not say that he should have received ifc. Ifc is possible he may not have collected a penny ofthe amount set down in fche list. All that Igo by is his admissions. The previous registrar received the fees as hia remuneration up to £100. I do not know officially that defendant was paid a salary instead of the fees. D. S. Montagu, accountant in the Bank of New Zealand, Invercargill, deposed that the public account was kept at the Bank with which he was connected. He knew defendant, but had received no moneys from him on account of the Births, Deaths, and Marriages department between the 7fch April and 14th December. Iv fact, defendant had never paid iv any moneys at all to | that account. i By Mr Wade — It is not my duty to re- ! ceive the actual money. The rule is to J pay it in along with a slip, and iv that ca9e the | slio would pass through my hands. I conclude that he paid no money to account of the births, ] deaths, and marriages' account from fche fact that no such slip passed through my bands. Captain Elles, Collector of Customs, corroborated the evidence given by Mr M'Culloch. j Sub-Inspector Fox proved thafc on the evening of the 29th ult. defendant came to him and wanted him to take him (defendant) into custody. He said, I know Mr Macdonald has got instructions to prosecute me. Witness asked him for what. He replied that he was £68 odds short. He added — They make it out only £60, but I make it out £68. After Mr Wade had addressed fche Bench on behalf of the defence, the accused was committed to take his trial at the next sitting of the Supreme Courfc, bail being allowed, himself iv £200, and two sureties in £100 each.