Untitled

Wairarapa Daily Times, Volume 5, Issue 1501, 5 October 1883, Page 2

on never moved nor sold any other ones, in flio balance of evidence was in favor o( tins aspect of the casn, and the Court gave, judgment forlss and 12s ' costs.' ..." .' | ALLEGED LARCENT."- ' . John Parker was charged with' stealing between July 30th and October 1 3rd one quilt, one pair blankets, some . sheeting,, matting, and wool Valued; at. he *2 9s sd ( the propsfty" of (jr. W. d. Schroder. ...••■ ■ \ lie Mr Beard appeared for accused who °f pleaded not guilty, J ;instable ■■ leahy,on being sworn f(| said: From information I received I ot arrested the prisoner yesterday afternoon. He was carrying a parcel at the id tibie, wliieh he told me contained some wool, I asked him' if Mr or Mrs ft l Schroder was aware he' w& taking it I way. He said "No." I then took - him to the Police Station. I askedhiin t( if he had paid for the wool; He said a "No." I visited his house under a d search warrant, being accompanied by it. Mr Schroder, and found the goods now; ? Court (produced). The parcel he J was carrying contained five hanks of wool, The white blankets, sheeting, and ■ quilt were found on a bed in e a back. room. The piece of Chinese p' matting was found in another room, p When at the Police Station, the 6 accused said he paid for tlio matting 8 and said he had taken away the bedding. lJ In answer to Mr Beard: The accused s told Mr Schroder in my .presence that B lie paid for the matting, and the boy 0 took it up to his house, and that he 3 took away the blankets, sheeting, and ' other things; which ho said he had not paid for or booked. This took place at j the Police Station, Sergeant McArdle, 1 , Constable Fleming, Mr Schroder, my- ' ; self, and accused being present. " ) Or. W. Schroder, sworn said: The J • accused has been in my employ since ; July 30th. My attention was called ' by the shop boy to some circumstances • that occurred during my temporary ' ; absence from the shop, which led me to give iflforniation to the. police. ! Subsequently I went to the police station, when I was shewn a parcel con- i tawing five hanks of wool (wool produced). ■it is Kaiapoi wool valued, at 8 Is Bd. A searoh warrant was then l . issued and I aocompanied the. police to 1 the residence of the accused, when the 11 goods , produced were . found, I kyi 1 ev.ery reason to beliove they came from* my shop. -. The quilt'is a pattern of ; which there is only one house in Mas' terton \yith tlie same. I have similar patternsinstock. The sheetingand blankets are similar to some rhavejin ttock, I e: had a conversation with icensed-in the ftl .shop previously; and drew his attention to the counter book, and asked him if ? everything was entered that was not lr [paid for. I said "be careful that ho entries" are missed." At the' police station as soon as the wool was produced n accused said he wanted to have a private, conversation with me. 'We to went into the passage, the door being left open. The accused asked me i? to let the affair drop, and take no fur- bii ther action,' I said "Is there any- "i 1

thing; else you have had from my store which is not entered 1" Fe said " No! So hejp my God there is not, I would have paid you for the wool after dinner." I said" Why did you not enter it?" He made no reply, 1 asked him if he was,quito certain ho had not had any. other goods from my store which were not entered or paid for. He swore distinctly he had none in his possession. I then said; "Parker, you wo, a thorough j scoundrel, I am quite .certain.that you have other things belonging to me." He again denied it. 1 further said "I am taking.out a. search warrant, as I know you have a counterpane, blankets, sheeting, and matting, which belongs tome." He then admitted having these ..goods, and asked me-if I woiild withdraw the case, saying he would return mygoods and leave Masterton at once. 1 trfd.hi.m-I would consider,the matter. We then walked intoiihe.roora where the poiico were. I then said, .« Mr Parker, you sayjou have a counterpane, blankets, sheeting, and some matting in your possession whieh are not entered or : paidv for ?" He! sajd « Don't make it to 4 public," and* then admitted having %m.. : He said ■," Carl (meaning the sliop boy) knows I paid for the mat-

; 'By the Ooijrt; The'vaJueof the quilt is ljs H blankets-frani 22s Qd to 255, sheeting lis 6d, • matting 4s 9d, the total value being about 50s. By Mr Beard: There was Other conversation between accused-arid, myself in the passage, I have; only, given part of it because I was .not asked to give niore. I think there was other conversation' between us, have 'ho recollection now, [At Mr Board's request Ut Schroder -repeated the con-' versation referred to in the passage.] la answer to Mr Beard he continued: He (accused) said- in - the presence ofthe police that he ; bad taken away the blankets and other things and that they were neither booked nor paid for. I did not misa the goods, that is, the.whole ol them. I had two quilts, of that patternj and on looking over them i»issed|ne. I did not miss the blankotsiiKy were seen at his house. ' Mr|eard: Who first saw them at his hotse and gavo you information respecting them 1 • Mr Schroder: Your Worship, is it necessary for me to answer this ques-

rather not do . Mtorsip>ui<sa ifc was nofcaboiutoly necessary for the Question to'be; boiild be put dheit. •• . Mra Schroder who saw.tlie goods at tbe house of the Recused, and she said that it looked very;suspicious. She did not saysho ipfeattingvtbero I.found out about the matting through the boy saying 1 he had taken it from the shop for Mr: Parker/I looked in the book but,could find no entry for any of the goods; ■; This, jpaijticular sheeting was laying down on the recess, and w Pirt back by, mo, after cutting some off,: heard to say he was iin" want "of 'some "sKeeting. I believe he; told "he would want, some'''sheeting, as his mother was coming up. The things were, misled during my illness last week; -1 carinot ; say what day I was «li my memory, is bad, especially at the present time. I cannot romember the exa<!t;date., The goods were taken either lastweek-or the week previous. I engaged hiiii from Wellington about the 13th ;df last July, • [Mr Beard .lifded His Worship a letter referring .to the engagement,] He has been with me since that time. I engaged :,him as, a general assistant, his duties being' to ,;seil :g'6ods and receive cash for or: book. them. g e was not !?S e |,f',.«il goods to himself. I told him,repeat;e'dly that Hn Schroder ,pr myself,wpuld serve him if Hewanted 'anything/'•■■ There,-is.W entry in the book of "' goods supplied to him • part'of the entry is by him and part by'me, shewing.!,was; cognisant of it, This, ehtiy.was 'ion' Aiujust Hth.' I believe the goods entered were served by himself. 1 have received £2 10s from-him for these goods. I did not Jell him to serve himself and pay cash for them. He hag paid for things when, has., been to the shop. On one, 6ccasion;. Mrs Schroder told him to book six yards,of calico to himselfthatheihaditakenUndhesaid it; wai not worlh booking. Iknow Mn Parker has paid' for some things at the shop to Mrs Schroder, fromoDiber. getting, seme: carpet from Wellington for accused and promising to charge him wholesale price for it. I charged him for 58J yards at ,2s per yard; there was more sent up than invoiced. The accused did not draw my attention to the fact that he was getting more carpet than he was paying for. ,; There is a; rule:laid down that each cash sale, wither it be a penny or a pound, has to be entered. I would swear that every cash transaction of mine; has been booked. Ever since the accused has been in -my employ the cash balance has been wrong; it has been either too much or too little—mostly, too much. , I was at the pigeon shootingr match on Thursday last. . : . His Worship: Are these the pigeons referred to in this letter! Mrßeard::No,ypur:Worship;those are .the colored.ones that fly about in the window'.—(Laughter).- ... ; , Mr Schroder' (in answer to Mr Beati).:, I- was' not in the shop the day after the pigeon shooting match. Ido not balance myWsh' every, night, I doit sometimes'- in,the,morning. I did not'balanceon-ftiday, as Twasriot in the shop,' .'.'i- , His Worship: J have been trying to; connect. Jthe accused with this letter } I Cannqt it comes in. ' Mr Beard produced ; a telegram sent by.Mr Schroder, to accused, which explained "that'ihe letter had : been addressed wrong. His Worship then read the letter, which caused considerable amusement m Court:-

Hall of Commerce, Masterton, mti rr , ' m July2sth 1888. Mr John Herbert, Wellington. Deak Sia.-Ifyim can make it couvoaien to come to ilastertun on Saturday next, nei first train, I should very, much wish it ai Saturday noxt is the first day of my sale I;, mart now give'you particulars of thi business tact which I have thought prober fa make use pf. I have made it public that ] m expwtjM my covin, a young man, wel to.do, good looking, about 515 years of m single, thorough good drapar. very libera and intending fo settle down in Mastorton » much no, tliat he» bringing with fl j ln( complete set of household furniture. Thi effcct.ao far U immou, fl , and I wish for thi next month at least, to let the yoiin» ladie •njoy;theirown."opiuion,Bud patronise mj store ia themeantime, You mentioned thai your wife.-.intended spending a holiday it Pajmerstonior o'onsequehtly it. will suit admirably. When, your wif< wishes to return, she could come to Master oufroinNmerßtonbyeoach.aswenavf thfeo coaches per week.'. I wish wheniyoi' come to wear my silk hat up, now at Hill's I him thatit will be calleo for.. Also bring Mrs Sohroder's chair and present herfwith'it, "the girls are, yen anxiousi to see what y 6u are like, and thlni Mp.H. Myshow of colored pigeons J Un mm oil oaSaturdaynext, aid hope .yon wiUib? thereto enjoy the fun. If you: oan . DOtcoDieby.to,w Ujflolneb A hM j p.m, train, as youif week's notice expire, on Saturday at 12 p'cloek. I prefer you to cbme fe 3f *'»■". « you will then have day light all the' Way..; .. : • . ; ■"'.' Wihfdliy, ' „'/./ ducedinQdurt. ..».v: •, Mr Beard; The letter, would have been Mr Schroder wwheft it oftnotvour Worship Wip thai th'e letter wuM be pro*«Wpoeeded with the I &mti it; mm-m to influence the uecißion m tho caie, : BjsWOThiprithigWhaveho jnectonthe decuiion." ■. - ■ orlhuraaay and Friday to i*i2 0s dj this is the cash, two Jays, and;two*ood ? days:too, since iccusedhas been with. mW There is Ids Ud more lught to be. ;,.::' ';'.:'. ; . ■ His Worship'toaccused: In ; the svent of; the .case -going against Hou, wrald you )r have it summarily dealt with? Mr Beard said that accused chose the latter course. ; His Worship then intimated that he irould be "prepared to deal, with the 3aße accordingly. On the cross-examination being conjMr Schroder' failed to produce i the satisfaction of His? Woigbjp remarked these inquiries would do good, if they were

[ but the meansof getting tradesmen to keep lucid account. Mr Schroder to Mr Beard: I cannot say that I told Parker the cash balance was i2.wrong.": " : 5 .■ To His Worship:: As"a? matter of fact, although it was only, 9a wrong, I might have told him it was £2.

.Anotherattempt:,was:made' to produce a correct cash balance, but still it. to not satisfactory.: :Mr Schroder's' books were examined both by His Worship and Mr any. good result.

His Worship said he had heard sat that some men had a mode of theft own in keeping books, and<tho«gh^no^one enfered the thiiigs, and as there were a great many good resolutions made in that' court, he hoped Mr Schroder would make one to keep his books a little better for the future. [' Jlrv BearQ suggested that as Mr Schroder, was unable to produce a correct cash account that the Court should adjourn to-'ehable him to go through his books and bring a statement for the past fortnight. His Worship, agreed with the suggestion and adjourned the sitting till May morning at'ten o'clock. Mr Schroder:Tour Worship, can I ask Mr Beard a question] Mr Beard: Certainly, as many as you lib.

Mr Schroder: How did you get your: information 'with Reference to these datesnn-my" ! b6oks,' •■'■•" § Mr Beard: lam happy .to say ray information wasobtkiued from areliable source, and not fished up.f r 6 ra chaos a» you appear to be doing with your cash balance.

FRIDAY,

The evidence of Mr G.W.Schroder was continued. ■ '■ '. ■ Mr Beard: have you prepared a statement.. . .... Wilness: Yes. , Mr Bunny intimated that he had been instructed: to appear fw. the prosecution. He expressed a desire to recall a former witness.. ■ 'j Mr Board objected to such, a course as irregular. The Court ruled that a witness might be recalled, but. not to begin the case denovo, by an examination in chief. Mr Beard desired that Mr Bunny's questions, be put at once. It'would not be fail- to,him to ask them later/U.W. Schroder said the statement produced was prepared from September 6th to October 2nd? He balanced up every morning. On September 7th there was no balance. On the Bth there was a deficiency of ls ; 9d.'iOn the 9th there was no balance; on the Oth an excess of 13i id; On the ljtu there was an excess of £l9 7s. Hi On the 15th. there was adiiicicncyoU penny., The next balance, on the 22nd, was an excess of £2 l2s The total excess for the period named was lla sd, and fche deficiency £8 Us via. Witness could not remember < when he spent four days in Wellington ' It was about a fortnigbt ago- on September 16thlie,believed. Hewent down o n Tuesday and came back on Friday. , jMr Beard: Did you not goon Monday at dinner-time. : Yes,rdid; : ' :: :•';:;.,, ' 1 .. ' Mr Beard: Look'at your book and see what date Monday was. The Court said that the date entries were incorrect. Mr Bunny- We admit that the nooks have been kept loosely. Mr Beard:' Did you go to Welling-, ton on Monday, September the 10th? No: on the followingday, the 11th, IwasinMasterton? Did you balance up the cash on your return ]

I can't remember I. Did you find an oxcess on your return ? I don't remember! Was the excess balance of £l9 on your return? I don't remember! Do you remember last Monday! Yes! Was Parker there on that day I Was there a deficiency on that day of 6s and 9W ? ; Yes! *

Were you m the shop on the Mo& day! Yes!

How do you account for the deficiency? ; Possibly the copper wasn't counted I : We can take it for granted that you made, omissions?

: .1 might have taken a,, few shilline out of the cash!

Have you a regular book-keeper 1 Mr Parker and I kept the books together, and I draw his attention to Hi! mistakes!

It : might hare been your or hi mistake? ■■',>'■■

No, it was his; he was careless in putting ; down amounts received I . Can you fix a conversation you had with Mr Parker. Yes I had one about-eight days ago. a serious one!-- - : .;',"'_''. ;. ' Did-Mrs Schroder sell goods-? • Yes,'and the boy. Each "had a number-No. 1,2,3 and 4-and putdown a.ll accounts. The Court: Mrs Schroder was No. J.—(A. laugh). Witness; I cautioned all of them to bo careful over the •' I behevo all the amounts except Par-. keys were oorreot, Parker did not put amounts down. ■*«•*'.•-" Mr"Beard: Mention Y>-ainglu instance where he did not! I cannot do so, as I took no note of toy particular ono. I have seen him '.sell goods and. not enter.them; it was l,a usual occurrence, ■ ' I The Court: Why did you not put ;him<outof theshop. : You appeared to have sanctioned it? ■ •;,:.l I did not wish to be harsh I" • The Court commented on the laxity with which Mr Schroder's business was conducted.

Mr Beard: Do you remember Parker purchasing goods and paying cash for them? l ' e No, I would not allow it. I should suggest to him to enter any. purchase he made. Have you ever told him to enter • S -.: IJ j; '■;; . Yes, I told him it was hot necessary to pay cash for anything '"■ I also

told him he was not to pay cash for anything! Did you tell Mm th.t it was not necessary to pay cash? Yes! Was that all you told him about paying cash J I told him not to pa? cash for anrthing! Did you tell him that if he -. wanted - T anything t from the shop he could" take it ? • > - , i

*J?!4 .'Kni'V could liaw: what; he -."Do you remember him "paying cash formerino and bonnet abaps, •Mid a mosquito net?MrParker hadthe things)■'' ' • Who paid the cash} I think Mr Parker I ,' ''■'.■,•' ; How long;after the letter of the 25th . of July didMr Parker come upiv i •;"■ i I would like that letter read to the Court! , The letter wasfchen re-read amid considerablei laughter Mr Schroder said he washed to withdraw the case and if he didn't this letter ffouldbe produced.''' ' The Gourtsaid "MrSchroderappeare to take a little pride inthe; .letter. He may call it' business tact/ ; but to : my mind it is business immorality, and I regard it with horror and,as' most erogatory and degrading." . ; .•.. Mr Bunny said the innocent public

we mislead by advertisement? on all ides, and that Mr -Schroder was no ; i orsa than' othcri v ',:' ::j ' The Court: It is raising; Mr Beard: How longafter the letter Ud Mr Parker cornel ••;:' Abouc three weeks after!?-'■ Was the moiiquito netting fa;, sold jy Parker to his wife? .•;..-... I don't know! ■.'"';•.<■. ;,•.-* Are any of the things produced in ; jourt entered in your bosks! ' They are not entered to Parker! Are they entered to anybody else ? I cannot swear to that! . , Were % sold to anybody else'ie- • iides Parker? " ..> : ; ; I never saw'them sold. ''■'■W' The Court: Did you sell theuV to wybody ' ;, No, your Worship 1 Mr Beard: go you swear that you wve not entered them to anybody -with respect to matting I Yes, I did, when I found it had not been entered I charged it to Parker !•■ Have you entered anything else to MrjParker? NoVI can clearly explain it? ■ What made you swear-that you had' entered none of the things to Parker ar anyone else]' ' v . • '' •' It was really entered to Parker, but ut the entrr now stands it is not in : th'e name of Parker.. The entry, was made und altered Mr Beard: 'Business; tactics. aguin,K • Witness: It'was done-for Parker's ?ood. I thought if Parker'saw'thV •• entry he would suspect about \ goods, and I altered the enlrrto Parkerson. I thought ] would speak to about'the goods, and find* outrwhether he wib honest or not. I put the entry Parkerson/,-ear-terton, as a blind, dt'was vardfe afc-h'rst.. .Histoid thV%i takejthe matting toihjsi house; andlr boy had the curiosity to,soe whether it was entered.': I. changed the- fa to 12J yards. He told the tfoy it was 21 yards atashillingayard.i.; ■,■.'.<:.■■•': y." i Is:it the business of tbo boy to.''' make,entries? ""'' No, it is not. It is only lately he has been allowed to make them, Is this a usual way of makjnr, entries? ■.•..•.- I have done it in one particular case for Mr Parker's good. When did you alter this entry? After I had considered the matter. Was it after Parker was arrested! I take my solemn oath it was not. When did you make it? I cannot speak to dates. The Court: Who made up the ledger, account against Parker ? I did. Witness: I can clearly explain-• ' about the pigeon match-why I dib>* not charge myself with the cash Mf .! winch. I took out, On Thursday Y ? took the money out, but I was to draw '.■ hoiii • money for the pigeons (&% 16s), '■; whiuh I returned to the cash, Mr Beard: How long was the money out?

The day after the match I was unwell. On the Saturday morning t put it hack, The Court: On the Thursday an excess was shown notwithstanding that ' ;f £3 was taken out 1 Do your books show anything about it? ■ ~'H Yes the balance of 4s is shown. . fl' Mr Bunny: No doubt you hare \ bei'ii very lax in keeping your books A but with regard to Parker, what ; wer«/V your iristrictions when you enw«ed' " him :; ; ' ' w • Mr Beard: The instructions contained in the letter I I instructed Parker .to enter eveW • thing sold for cash in one book, «jd>. everything sold for credit in another book. The names of purchaser! had not to be entered in the cash sales book. An assistant in ray shop could dispose of go»ds -without my know- "'■ ledge. The goods found in Parker's house were new goods. Before placing the matter in the hands of the police, I u spoke to the accused about it, Jwaj away from. the shop through illness "' from Wednesday September Mb till Saturday! ' The Court: Monday was'the 17thf ' Witness: 1 came back to the shop on Saturday night, that would be from the 19th to. the 225. Iwas .previously absent ia Wellington. Parker bad permission to take goods on credit. Ho accounted for some, goods which he .took and which I supplied him with. Mr Beard pointed • out that the in the daybook were in Parker's 'and not.in Schroder's han'dwriting.' ' In an entry of the Uth of-August part of it is in ,mine and part in Parker's writing. ; On the ,25th of "August the entry is in. Parker's hand, and on September 15th in mine, I know of no other goods whidh -he has' taken. The entries in the beok' were not made > at? the time, of sale but' subsequently from slipsof paper, i , ,: Mr'Bunhy; Were .ypu' threatened with the publication of4hflsjfeJtep ofthe2sthj6fJulyl ! ; ■."ifei!;? - - , I.waaftj 1 -'" ■■'■;'.'.. i' ; " ';Whothnwtenedydii#^