RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume I, Issue 15, 30 May 1868, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

.(Before Major Croker, R.M. ) Wednesday, 27th May. Andr,ev C.ullen charged a man named Wood with feloniously stealing a LS note. Stmanded for three days. J. F. Herbert charged George Rodgiers .ofßeaumont Ferry, with having, on the 21st Msy current, embezzled the sum of 10s., the property of the Baid John F. Herbert ; who, bebgswci, deposed — J know the prisoner. Hswa-i^ .fij employment on the 21st inst., 6i mair-AT of the Beaumont Ferry Hotel, at a ttoVs • age of L 2, and found. I employed himonDehalf of the firm, for the purpose of jnan&ging the hotel. His instructions were £o enter all monies received during the day, when he closed for the night, and also to enter •11 monies paid on account of the business. I gave him a book for that purpose. I gave turn to understand that all monies were to be paid to me on demand. From recent information I vras led to believe that prisoner vras not dealing fairly with me, and in consequeuce I visited the Beaumont Ferry on the 21st current. I had a cash settlement with him on that day.— (Book produced and identified). I also asked him to hand to me all cash received on account of the hotel, and he proiduced L 9 Is. I took LB, and left him the balance. This settlement took place about noon. I then returned to Lawrence, and on my way home, met Constable Smith. I had •ome conversation with him about this matter. At the request of the Constable, I gave him four one pound notes, for the purpose of spending in the house ; the numbers of which were 137,260, 66,411, 91,984, 89,040, all, Bank of New Zealand. The conversation with Smith and paying him the money took place on the 21st. I again visited the hotel on the 22nd, about one o'clock. I saw the / prisoner in the house. I asked him for a Bettlement on that day, and demanded th« cash book. He handed me L 3 Bs. 6d. The takings since last settlement was L 2 7b. 6d. ; the balance was the LI Is. I left the day before. I left him 4s. 6d. on the 22nd, as change. I got on that day L 8 Bs. 6d. ; the 4b. 6d. might have been part of his takings on that day. The entry in the cash book was made previous to my aeeing it. I asked him particularly if that was all the money he took ; I asted him that question more than once, or if he had paid any money away on account of the hotel, and his answer -was, that that was all the money he had received, and that he had paid no money away. I asked him if he was sure that every shilling he had received was entered. He answered that it was. I enquired what monies were due by the hotel. He said he owed Lancaster and Cowap a little for meat— (memoranda produced, signed by prisoner, to the effect that no monies were dae by the hotel), but they were not paid yet. In the money handed to me, were three of the notes handed by me to Smith. Cross-examined by Mr. Keen— Prisoner wa» in my employ about four months at the hotel. He was first engaged for three months, since the expiry of which fane he has been on weekly wages. I don't remember whether there was any written agreement. Jdo not two agreements, being written out. .-I do not deny but what thert might have been such. He was indebted to me in a small i nmonnt previously— at least I believe so. That i is closed ; it was closed when his first salary was paid. I would know ' ' tiv jj*] ) y referring to my books. I have * P lace about the money. pwxkfr,.who I«ft i» «onw-

qiienoe of intemperance. Higgs "bM fTfaen doing nothing since he leftthe hotel. He ha§ not begged and ( prayed to get back. He is there at present. The house is mine «• one pf the Finn of Herbert and Co. Constable Smith,, being ■worn,, deposed— On 21st instant" I' received four one 'pound notes from Mr. Herbert,' all Bank of New Zealand. After receiving the notes, I proceeded to the Beaumont Ferry Hotel. I saw' the prisoner there, behind the bar. During the day I spent 'in the hbuse L 2 6s.— L2 ss. of which I paid prisoner personally. He put the money in his- pocket. Is. I paid Mrs. Rodgiers ; she put on a shelf at the back of the bar, This" money was spent for meals, stabling, bed and drinks. Besides the money I spent, I saw prisoner receive 12s. 6d.; which he put in his pocket. I saw the prisoner at the Beaumont on Sunday the 24th. "I said, what have you been up to, George? Mr. accuses you of embezzlement. He read Ihe summons, and said, " I know nothing about this.' Mr. Herbert must have made a mistake in adding up the book." I changed three notes out of the four, , in the house, which Mr. Herbert gave me on the 2lst; I accounted to Mr. Herbert on the 22nd for the money I spent, and told him what money he ought to receive. Mr. Herbert informed m e of the discrepancy, and what steps had been taken. Next morning I paid the prisoner Is. for tobacco. I also saw him receive Is. 6d. for drinks. This was the case for the prosecution. In reply to his Worship, Mr. Keen stated that he had no witnesses to call for the defence. The prisoner was remanded for ieven days, bail being accepted, himself in L 75, and two sureties of LSO each.

! - Thubsjday, 28th Mat. i ; Michael M'Cartby, proprietor of an accommodation house at Teviot, charged William Marshall with having, on the evening of the 2lßt current, at his house at the Teviot, passed to him a cheque purporting to be drawn by Joseph Kelly, of Waipori, in favor of William Kelly, for L 25, knowing the same to be valueless. Marshall (at the time passing as William Kelly) and two mates came to the prosecutor's house, and remained all night, getting there supper, bed, and breakfast. When leaving in the morning, Marshall called M'Cartby into a private room, and gave him the cheque in payment of their bill. M'Carthy gave the bill to his wife, and asked if she thought it was all right. She replied that she thought so. The prosecutor was induced to give the diiference. Not being satisfied, however, he proceeded to the Teviot and telegraphed to Lawrence, enquiring if Kelly had an account at the Sank of New Zealand. The reply was that no such name was on their books, and that they had no branch at Waipori ; upon which M'Carthy proceeded to Lawrence for his apprehension. He, along with Mounted Constable Black, proceeded in search. They met the prisoner about three miles from the Beaumont, who said to him that the money was all right, and that he had sent the bill to Dunedin, and that he would get the money in a short time. He answered that he would settle with his brother that night about it at Waipori. The Coastable then stated that be had very little chance of being at Waipori that night; whereupon he arrested him, and cautioned him in the usual manner. On the road- to Lawrence the prisoner confessed his guilt, and expressed his sorrow. It was done under the influence of drink. He further stated that if he succeeded in eluding the police at Lawrence, his intention was to proceed to Invercargill. The prisoner was. committed for trial at the first sitting of the assizes.