supreme COURT.

Southland Times, Issue 1600, 2 July 1872, Page 2

SUPREME COURT.

(Before His Honor Mr Justice Chapman.) Feiday, Juke 28th. His Honor took his seat precisely at 10 o'clock. LABCENY AS A BAILEE. H. G. Wheeler was charged with stealing a mare, saddle, bridle, and spurs, the property of John O. Wild, accommodation house keeper at Mount Pleasant, Jacob's River. Mr Matthews appeared for the defence. John 0. Wild stated that the prisoner had been working for him making cordials. Lent him the mare, saddle, bridle and spurs, to go to Riverton and return next day. Prisoner did not return. Heard that he had gone to Invereargill and sold the mare and the saddle and bridle. Next saw the accused in custody of Constable Wohlman. He said, " Shake hands, old fellow, it was only a drunken spree. Take me out of this, and I will work for you for a twelve-month . for nothing." Identified the mare and other property produced. This witness was cross-examined by Mr Matthews at great length with the view of shaking his testimony, but without effectCharles Tulloch saw the prisoner on the 16th January. Bought the mare from him for £10. Paid him. He gave the sale note produced as a receipt. The mare outside in the charge of the constable was the same. Cross-examined by Mr Matthews — Prisoner said that he got the mare from Wild. Thomas Green, laborer, residing at G-ummie's Bush, saw the prisoner at the George Hotel in Invercargill in January last. He said he had sold his horse, and he wanted to sell the saddle and bridle. Purchased the saddle and bridle for £1. Sale note produced. Gave him 5s more for a pair of spurs and a whip. Could not identify the saddle and bridle produced, but identified the stirrup leathers. Sold the saddle and bridle to Thomas Knight. Constable Tuohey produced the saddle and bridle. Got them from Thomas Knight at the Otautau. Constable Wohlman stated that he arrested , the accused on 19th January last. Ho asked Mr Wild not to prosecute him ; that it was a bad job ; that he had sold the mare ; that he would work for him for a twelvemonth for nothing. Mr Matthews, for the defence, called Gustavus Longford, hotelkeeper, Riverton, who stated that the prisoner had been in his employment, and that ha had found him strictly honest. Mi? Matthews addressed the jury for the defence at considerable length. His Honor having gona carefully over the evidence, the jury retired to consider their verdict. After an interval of half an hour, the jury returned a verdict of guilty. His Honor, in passing sentence, stated that this offence involved a breach of trust, and was more serious than an ordinary larceny. Sentence, two years' imprisonment, with hard labor. SHOOTING WITH INTBNT TO DO GEIETOTT3 BODILY HAEJI. Robert Hitchcock was charged with shooting Benjamin Wymark, on 29th April, with intent to do grievous bodily harm. Prisoner pled not guilty. Mr Wade appeared lor the prisoner. A jury having been euipannollud, the Crown Prosecutor described the evidence to be adduced, and called Benjamin Wyroark, who stated that he lived near the prisoner at the Waimatuku. On 29t.h April last heard a screaming at prisoner's place, and went to see what it was. Mrs Hitchcock appeared at the door when he (Wymark) was about 20 yards from the house, and said, " Clear off, my husband is raving mad ; he will kill you." Hitchcock came out, and called out " Clear away as quick as possible !" He had no gun then. Hitchcock went in. Witness ran away. Mrs Hitchcock told him to run. Hitchcock fired whea he (Wymark) waa running. Felt

the shot enter bis thigh. Witness fell on the ground. Saw Hitchcock in some vines anJ scrub with the gun in his hand. He was about twenty yards off. Managed to get home. Identified trousers produced as those worn by him at the time. Identified Hitchcock's gun (produced). Cross-examined by Mr Wade — Knew the prisoner twelve years. Got on well with him. He always bore a good character, and was not quarrelsome. Witness had never done him any harm. Prisoner had been ill, and had been taking rum and laudanum. He seemed very excited ; the froth was coming out of his mouth. The gun was not at his shoulder, but by his side, when witness turned round after being shot. Turned round at once. The gun might have been accidentally discharged by coming against the scrub where Hitchcock was. Timothy Connor saw Wymark after he was shot. Hitchcock told witness the cause of the row. He blamed Wymark with being too great with his (Hitchcock's) wife. Cross-examined by Mr Wado — Knew prisoner for eight or nine years. He bore a good character, quite the reverse of a quarrelsome man. j Charles Humphries, hotelkeeper on the Rivertin road, stated that on 2nd May, he saw Wymark. He was lame, suffering from the shot. Got him into a drny. Called on Hitchcock. Asked him if he would speak to Wymark before he took him away. He said "No; be was very sorry for what had occurred ; it was done in the height of his temper." Cross-examined by Mr Wade — Prisoner did not say what he meant by " what had occurred." Knew prisoner, and Wymark too, for a long time. Prisoner always bore a good character ; never saw him out of temper. Prisoner said he had been very unwell, but was getting a little better. F. A. Monckton, medical practitioner, residing in Invercargill, visited Wymark on 2nd May at Humphries's house at New River. He had 38 small shot wounds, all over his body. One had gone through the thick of his thigh, and lodged under the skin on the other side. Produced three shot, extracted from Wymark's body. The shot which struck him on the back had to go through an unusual amount of clothing, or they would have been dangerous, [Before leaving the box, this witness wished to make a statement. His Honor having assented, witness proceeded to say that he and others had suffered great losa and inconvenience from the repeated short adjournments of the Court, and he wished to call His Honor's attention very particularly to the inconvenience and damage which the public had sustained from this cause. His Honor remarked that it could not be helped. The means of communication were very imperfect, and he had to do the best that he could. Witness — " So Judge Ward said, your Honor, three years ago, but it nearly made me insolvent." His Honor — " lam very sorry."] Constable Barry described the circumstances under which he arrested the prisoner. On the charge being read to him at the police station, he said he had done it in his temper. Mr Wade addressed the jury for the defence, to the effect that the gun might have been discharged accidentally by catching in the scrub, and dwelt on the improbability of the prisoner having wilfully discharged it at a mau with whom he had no quarrel. His Honor having gone through the evidence, the jury retired to consider their verdict, and the Court adjourned for half an hour. On the Court resuming, the jury returned a verdict of guilty, recommending the prisoner to the leniency of the Court, on the ground of the state of his health at the time, and his previous good character. His Honor said that, taking this recommendation into considera tion, he would pass a lenient sentence. Sentence, imprisonment with hard labor for six months. EMBEZZLEMENT. Ernest Henry Ingpen was charged with embezzling public money obtained by him as Registrar of Births, Deaths, and Marriages. William Pickford, butcher in Invercargill, stated tbat on 12th July last he got a certificate of marriage from the prisoner as Registrar of Births, Deaths, and Marriages, and paid him the sum of £1 2s Gd as fees. Andrew Hawkshaw, express proprietor and livery stable keeper, Invercargill, stated that on the 21st October last he paid the prisoner the sum of £1 2s 6d forja certificate of marriage. Daniel Hishon, carrier, Invercargill, stated that on 11th December last he paid prisoner the sum of £1 2s 6d for a certificate of marriage. David Somers Montagu, accountant to the Bank of New Zealand, Invercargill, stated that the public account of the colony is kept at the Bank of New Zealand. Prisoner had never paid any money into the bank in his capacity as Registrar of Births, Deaths, and Marriages. Cross-examined by Mr Wade — Prisoner was in the habit of paying in money in other capacities, as Registrar of the Supreme Court and Clerk of the Bench. Henry M'Culloch, Resident Magistrate, knew the accused as Clerk to the Bench, Registrar of Births, Deaths, and Marriages, Registrar of the Supreme Court, and some other offices. He entered on his duties in April, 1871. In consequence of instructions received, took possession of the prisoner's cash and books, with the exception of the cash book of the Registrar of Births, Deaths, and Marriages. Asked for it. Prisoner said there was none, he did not use it. Asked him how he kept an account of his receipts and disbursements. He said he kept it on a copy of a cash-book form, which he said he had sent up. On the following day examined his books and cash in conjunction with Captain Elles. Asked for the cash book of the Registrar of Births, Deaths, and Marriages. He said there was none. Went into the office and found it. There were no entries in it. Asked him if he had received any money as fees. He said " Yes." Asked him what lie had dove with ifc. He remained silent. He admitted having received £57 7s 6d. He stated that he had received £1 2s 6d on 12th July, £1 2s 6d on 21st October, and £1 2s 6d on 12th December. Cross-examined by Mr Wade — Prisoner, besides the offices mentioned, was Returning Officer for Invercargill and Mataura. Prisoner more than once told witness that he could not do all the work belonging to his several offices. He kept his cash in a collar-box. It would have been possible for persons to take the money if he left it about. He was very easily put into a state of confusion in business matters. Did not consider him a man of average capacity in business. Had great difficulty in making him understand accounts. Andrew Jamieson Elles, Collector of Customs, knew the accused as Registrar of Births, Deaths, and Marriages. He received a salary in that capacity. Remembered examining his books with Mr M'Culloch. There was a deficiency of about £57. He was asked if he paid the fees ha had received into the bank. He said " No." Remarked, with regard to this deficiency, that it was the worst job of all. Prisoner said it was. Cross-examined by Mr Wade — Had to do with him as trustee of the Court of Law Trust Fund. Thought him very dull at accounts. Public officers pay money into the bank every day. Witness never had the slightest difficulty in balancing bis own cash. Witness, in reply to several questions on this point, answered most energetically, " No, never." Had once to pay half a sovereign out of his own pocket, to make his cash right — the first he had ever lost in this way in his life. ! Mr Wade — " Then your life has been a most fortunate one, Capt. Elles !" Sub-Inspector Fox stated that, on 29th December last, prisoner gave himself up to the police. He said he knew Mr Macdonald had instructions to prosecute him j that he was £68 short in his cash. Mr Wade, for the defence, called D. Macrorie, who stated that the prisoner had applied to him for clerical assistance in setting his accounts right. Did not give him such assistance. He was very slow at accounts. By Mr Macdonald — Prisoner was addicted to drink. W. Henderson, accountant in Mr Harvey's office, gave evidence to the effect tbat prisoner experienced a difficulty in keeping lub accounts, j

Alex. Sayers had seen the prisoner's office open, no one there, and money lying on the table. g Neil Ferguson, Deputy "Registrar, stated that the prisoner was careless in entering sums received in lm casa-book. He could hardly add up a column of figures. Mr Wade addressed the jury for the defence, contending that there was no evidence .to show that the prisoner had appropriated to his own use the moneys which it had been proved he had received, anvl dwelt at great length on his proved incapacity for managing accounts. His Honor charged the jury, pointing out that it was not necessary for the Crown to prove what had become of the money, so long as the prisoner could not show that it had been paid into the Bank in the proper manner, or even disposed of in any other way with the intention of conforming to t.he law. The jury, after a short consultation, returned a verdict of guilty. His Honor having asked the Crown Prosecutor whether he wished to proceed with the remaining charges, the Crown Prosecutor said he would be glad of a little time for consideration. His Honor thei ordered the prisoner to be brought up at 10 o'clock next day, and adjourned the Court till that hour. Saturday, Jfxe 29. The Court was opened at 10 o'clock. Ernest Henry Ingpen was brought up for sentence, the Crown Prosecutor having stated his intention of abandoning the two remaining indictments, a jury was formally empannelled, and no evidence being adducod, a verdict of Dot guilty upon each was returned. In reply to the usual question, the prisoner said he had already been six months incarcerated, and while he had been employed in similar situations in Wellington, his integrity had never once been impeached. Though the jury had found him guilty, he could conscientiously saythat he had not the slightest intention of dishonestly appropriating the funds. In passing sentence His Honor remarked that the education and previous position in life of the prisoner were really an aggravation of the crime. The offence was constituted by the mere act of taking the money, and neglecting to comply with the provisions of the law regarding its disposal by payment into the Bank. It was fortunate for the prisoner that the Crown Prosecutor had abandoned the other two charges, as the accumulated sentences would have bean very heavy. Sentence, two years' imprisonment with, hard labor. The criminal sessions were then adjourned sine die.