R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1271, 6 January 1883, Page 2

R.M. COURT.

|i, gASTERTOH-THIi|AT. fe'f ■•f 1 : ' s %xffJ- ■■••■■ {Before His Worship the Mayor, and W. . Lowes. J. P. | " : " THB RAILWAY PAMBL'OAS^'."'' A, P, Fielding v Edward Jonea.-Ob-"tainTngmdney uttder false pretences;: Mr Beard for defendant. ,' ■' i .- ; . Mr Fielding applied to withdraw the .oasoon behalf of Mrs Jones.. /.-.,..,: The Court—Aim we to understand'that !you refuse in the evidence ? ■•-. ■Mr Fieliling— l'will tsivo evidence as a witness ". f'jfj ; " : '.-[■{•''. U"; , Mr Beard said he preferred the charge to be proceeded with, as he was prepared to show that it-was a frivolous one.. . Mr Beard asked who conducted the case, As it was not an indictable offence he objected to the police appearing in it, /, A. P. Fielding, fruiterer, 'deposed 'that' night, the 3rd inst. by the .late train two: cases came to : his ; shop in rMr. Jones' brake, Jones brought them in|p his shop and demanded, the sum of fourteen shillings and eerenpence, which -included tlio carriage 'from':the station. He looked at the label on the larger case 'which Jones eari he ■ had' •' paid j ninn shillings and twopence on in railway ; freight, and three and fivepence on the ;imiiller one,!; w ( bicl), .with' two.'shi|-: ilings' cartage "made' up -the amount. : Jones'' boy said lie< saw his father'pay nine and twoponcd'-on the larger case. ;Orr 'looking at the -label h ; o ;fou'nd' the' .charge marked on it was four aiid! two-' ipencer hut Jones.swore.positively,to the larger amount, and witness paid it under protest,. On the following morning he found out that he had been.nverchargorl, • and demanded the money back from Mr. Jones, who replied■■" that- he would see (iini'd d first J" To Mr Bcardi-I had no conversation 1 . with Joiioa, nnjy an argument about the payment.,: When Jones came in with the two cases he.waß sober, and on,the fol- j lowing morning he was as well as the 'iright before,, the buy cuno into tho shop also.. Jones did not ask the boy the freight in the first instance. The railway department usually marks the charges on the cases. The figures on the box wore rather shaky, He did not say if lliero wasa mistake he would rectify it in the morning, ;tut insisted upon having his .money. Jones said "itis no use looking at the label, you can't make more or less than nine and two pence of 11, "witness made the label out lobe'f'uur.iuid two - pence, The shop was lit up at the time: Jones did not tell liiiu to take cure of the labels. Jones was just right enough to take money. He was drunk the following morning between eleven and twelve; :. John Cos deposed that he was in Mr Fielding's shop on Wednesday night, aud saw Jones bring in two cßses and charge him fourteen shillings and sevenpen.ee, nine and twopence for the larger, one, and i. three and fivei.enco fur the smaller. i Witness called Fielding's, attention to the . label of the ln'sjur case being marked four : 'shillings and twopence. The mark four i looked us if i had 'been tampered with, i The inhul prMiicid was the one he sawi fii'tlio nhcip. Junes' boy was 1 with him 'and .'confirmed his statement as to lhe I amouut paid on the case. The boy looked i at the figure at Jones' request and said it ; was a nine.

'; To Mr Board—The two parcels would not weigh three cwt. and I thought that tho price for the larger one was too high, which caused me to remember the particulars. Fielding' did not look at the label till after be had paid Jones. From the label, I think/a small figure had been commenced and a four written over it.

John Stevenson, sa ionmaatcr at Maston, proved that two parcels addressed to Mr Ward arrived at his station. The charges were four and twopence on one, and three and fivepence on the other. Jones paid witness seven and seveupence on Mr Ward's parcels, and fourteen and twopence on all the parcels he took away, He had no doubt that tho (inures mi the label were made in Wellington as they now appeared, He considered a figure 2 had been commenced, and then a 4 written over it, If Mr Jones stated that he paid witness nine and twopence tor the large case he told a falsehood. The Department gavo no leceipts for'parcel mono]', the libels were deemed sufficient. .'■. To Mr Beard—He did not think that a figure 9 was commenced in tho first instance. A man might easily be misled by the way one h'guro was placed over another. ■ . - ; ■

:;■"Hugh Martin, blacksmith, corroborated the evidence of Mr C.>x. (To Mr 13eard) •Ho waa in the shop all the lime, but did not take particular .notice of what transpired. He saw Failding pay-Jones .fourteen arid twopence. . Edward Jones called by Mr.Beard said .he was a carrier lesiding in Maslertun, .and remembered Wednesday last.' He' .took Ward's' parcels down to Fielding's shop. Ho told him nine and two pence :waa paid on the big box. Fielding said : tbat was pretty warm, and witness then said if there was any mistake he. would put it right in tho morning. The npxt morning he did not nee Mr Stevenson.'

._.; Mr Bnard-You saw Sergeant Price instead (A laugh), you are satisfied there was a mistake made now.

Witness—Yes.

In answer to Mr Fielding—Witness did not roinember the conversation which took place in the shop., ; . Mr Fielding—Do yoii remember me paying you fourteen shillings and sevenpence '/

Mr Jodob—ln what way (I'd you give ine the nijoney] : You don't know how raiicli I paid you 1 : Witness—ln what way did you pay mo?

\ ' Did you say I was to reserve the labels I Witness-Yes. Did-I or did 1 not? Mr Fielding—Decidedly not. Did I seo you next morning? "Witness—l don't remember. Do you remember my slopping you on Thursday morning.

: SO. : 'Do you remember saying you'd seo me d—d first.'

; No. All I remembered was going to .Bleep and waking up iu the lock-up. Where did you got your drink that day. The Court—Confine yourself to the cue Mr Fielding. / . "'. Mr Fielding—lts no use Your his memory has vanished a Itogethor, Marcus Enorson, a boy in the employ, of Mr Jones, said he told his employer what the amount 'on the box was, arid that Jones said that if there was a mistake he ; would make it all right, (To Mr Fielding) did not say he saw Jones pay nine and two pence on the box. ;

'■■-. Joseph Williams, tobacconist, stated that on Wednesday last at 10 p.m. he saw Fielding,who said Ward was foolißhin sending up lollies in bottles, as he had to pay 9a 2d on the case. Witness said the charge must be a -mistake, and Fielding said it mu'st bq correct, as itwaa marked on the Libel " ■'' • « ;■ ■' .•' ;.

To Mr Fielding-I did not say that I heard complaints of Jones overcharging; on the contrary, I expressed an opinion that'ho was a very honest' man,' i ; j The Court decided to dismiss the charge on tlie ground that no'felonioutf intent on the part of Mr Jones had been disclosed, :brit ordered.:the five shillings ovcrchar,god to bei refunded and that, the.expenses of the'Case'be borne by ibe defdudant.. ;■ " Mr Beard said the five shillings would be refunded at once.