SUPREME COURT
MASTERT6N--WEDNESDAY.
(Before His Honor Mr Justice Edwards.) ALLEGED THEFT. The ease in which Horace Carter was charged with the misappropriation of money and goods, Llio property of John Lincoln Murray, draper, ol Mastcrton, was continued in the Supreme Court yesterday morning. Constable Ferguson deposed that on November Nth, at -1 p.m., he saw the accused in a second-class railway carriage at Carterton. He told accused lie had a warrant for his arrest. Accused admitted having spent £521 in five days in drinking and shouting. Accused stated that he was only going to the .Hull- to sec his sister ,and obtain money to repay Mr Murray. He said he was only about £4 short of b ; s proper money. Witness then brought accused to Masierton, and in the presence of ConslaMe .Brown searched him. The sum of £9 17s Sd and a barber's comb, cigarette holder and belt purse were found on accused, and a'.?i, a single second-class ticket from Carterton to Lambton, which'prisoner attempted to destroy at tho station. He also-had a handbag -which contained a suit of pyjamas ,and a pair of saddle tweed, trousers. A bundle of articles which was at ltoodcrkirk's boarding house was brought to the station and Mr Murray identified a number o( tin; goods next morning.
Cross-examined by Mr Hoilings'. Prisoner was present when Mr Murray identified tho goods. Constable Brown deposed that lie was present when accused was brought to tho station. Accused made ■a statement which witness took down, and which was to the effect that he was going to tho Hutt to his sister's to get some money to re-pay Mr Murray and that ho intended to return to Masterton next day. By Mr Hoilings: Witness had made no enquiries at the Hutt to see if accused's statements were correct, though he understood Carter had a. sister there.
W. S. L. Dickson, head salesman for I Mr Murray, stated that he had assisted Mr Murray, ta check off the goods which had been recovered from the accused. Tliis concluded the evidence lor Ue prosecution. . Mr Hollings addressed the jury at some length on the legal aspects of the case. He stated that the jury must be satisfied that the accused meant to fraudulently convert the moneys of_ his employer to his own use. Mr Hollings maintained that the case was purely one of a-debtor and creditor account, and-had been treated as such m the first instance. In t-ho second, instance, {lie acWsedliad not been given an- opportunity of making a stateineiu ol accounts. Nor had he been allotted to cheek the goods which had been returned on the second occasion. Mr Hollings mentioned that the fact that the accused was sent out for a fortnight 'without money, entitled him to use some of the proceeds of his sales to pay his expenses. He also contended that the charge was of too general a character. No evidence was forthcomisro- to show that the accused had appropriated any particular stun of money. . ~ His Honor, in summing up, saitt the case was a very simple one. lhe law in the caso was, that, if a person in the. employ of another appropriated moneys Belonging to his employer, he was guilty of fraud, whether or not he intended to replace the moneys. His Honor said that if the jury found that tho accused had appropriated eitner the money or the goods of his employer to his own use, it was their duty to find him guilty. Tho duties of the jury were doubtless unpleasant, .as Were also those of the Judge. But they were there together to discharge
in an honest manner tho duties owed the State. His Honor pointed out that, in the event of a verdict of guilty being returned by the jury, ho was prepared to favour-ably consider any recommendation to mercy they might .' make. ] The jury, after a retirement of about hull'-un-hour, re burned a. verdict of guilty on two counts in respect to the ■misappropriation of money, and not guilty on two counts in respect to the misappropriation of goods. The jury strongly recommended tho prisoner to mercy, on the ground that ho was not allowed sufficient money to cover Ins necessary expenses. Sergeant Miller stated that the acj cused had been in gaol sinco November 11th. last. During the time ho was in gaol he had worked, and his conduct war; satisfactory. Mis Honor stated that, taking everything into consideration, ho was going to admit the prisoner to probation for eighteen months. He would be required, however, to pay tho costs, ! which amounted to £lO 2s, within two calendar months.
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Wairarapa Age, Volume XXXII, Issue 10589, 21 March 1912, Page 6
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773SUPREME COURT Wairarapa Age, Volume XXXII, Issue 10589, 21 March 1912, Page 6
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