A MISTAKEN CHARGE.

Temuka Leader, Issue 1895, 23 May 1889, Page 2

A MISTAKEN CHARGE.

At the R,M, Court, Timaru, on Tiesday, a young mau iiaroed David Sfowarfc wbs charged with enabezzliog the som £3B, the property of his employer, Hoary' Hullen, of Waitohi. Mr White appeared to aßk that the information be withdrawn, and stated (he circumstances. It appeared that the accused, who is a son-in-law of the pro« seoutor, received a cheque from Mr De-» Renzy, for ao amount he owed the prosecutor, aod before he handed it over he fell into bad company, got drinking with two men, changod the cheque, aod while under the influence of liquor went with these men to Dunedin. He was then' afraid to return and telegraphed for his wife to join him. She did not go, and en information was laid and a warrant issued for his arrest. Ie the meantime Stewart came back to Timaru, knowing nothing of the warrant, and was here arrested. He had done what he could to restore tbe money, giving an order on the police to hand over the balance he had left of the I cheque, about £2O, and the prosecutor owed him about £lO for wages due. It . was desired to withdraw the charge, as it* was believed to be merely a drunken freak. His Worship asked if there was anything to support a criminal charge, if so the man ought to be prosecuted. The prosecutor was called, and in reply to flis Worship said prisoner was not authorisad to coJleot the money, but if he ,- had handed the cheque over he wmlcX have thought prisoner had done thejpioper thing in collecting if. He could hot say whether the prisoner meant to defraud him. He would doc have thought so from' his collecticg tbe money, and did not sup* /

poFe ho would have come back if that was his intention. He supposed prisoner would h»ye given him the money at ouce if he had not got into bad company. It was all a public house business. He laid the information because prisoner went away with the money. His Worship said he would lake time to consider whether he wou'd allow the information to be withdrawn, and remanded prisoner till next morning. ' ' Prisoner asked if he could get bail and His Worship said he would see about that on Wednesday. Yesterday, David Stewart, remanded on an application that a charge of embezzlepreferred against him should be "withdrawn, was again brought up. The prosecutor was asked to come forward, and His Worship, addressing him, said : 1 understand you do not wish to press the charge, that you think the defendant, a relation of yours, may have imagined he had authority to collect the money, and that he had ho criminal intention in taking it ? Proßeputor: Yes. His Worship : Then it h a pity you did not think of this before you laid the information, Too many people before taking time to consider what they aro doing rush off to the police and get out warrants for the apprehension of people, and when they get their money back wish to withdraw the charges. That is only making use of the police for the purpose of collecting money. It seems to me, however, under the circumstances of this case, that there will be no failure of justice, fr" I allow the charge to be withdrawn. It seems to be a family affair. I must, however, warn the defendant that be has sailed very close to the wind in placing himself in this discreditable position. 1 hope it will be a lesson to {him. He is discharged.—S.C. Times.