R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1502, 6 October 1883, Page 2

R.M. COURT.

MASTBBTON-PMDAi.

(Before fl. S. Wardell, .R.M.)

Schroder v. Parker, (Continued,)

Carl Enersen, a lad about H years of age, sworn, said: I have been employed at Mr Schvoder's about five months, and knew the accused as working there, On Wednesday! saw the accused move some wool from a table on the left-hand side of the shop, He took it to the counter, wrapped it up, and put it in the fixture where the hosiery is kept. I opened the parcel and found five skeins of wool. The wool produced is the same, The aoensed •at this time was over in Mr Chinchen's shop. Mr Schroder also saw the parcel, The accused afterwards removed the wool from the shelf, He put it in his outside poat pocket, I looked into the parcel to see how many skeins there were in it, The accused did not mention anything to me about it. Mrs Schroder was in the 'shop at the time, but I don't think she saw the accused take the wool, as she was behind the counter. I have taken some matting and wool to Mr Parker's house by his order, There was a lady in ths shop at the time; Mrs Schroder was also, in the'shop. The matting produced is the very same piece j t.<4 to j)|ff house, I don't know whether Mr Parkef paid, fop tji.e matting pr not, By the Court; I brieve Mrs, Schroder saw me take the ptting. By Mr Bunny \ I Imve had very little to do with entering things in the book, and do not know whether the matting was entered or not. On the morning that accused pat the wool in the parcel he mentioned that Miss Ingram was in the shop, and wanted to know what she vijs doing there, I said " I don't know." It was unusual for Miss Ingram to be jn the shop, I remember once Mr Parker and Mr Ecbretjer fogking at the! day book, and I heard Mr S K cI)L'Q.d i ei> $, r'VtJjwe anything more to. niif in the book V I did not hear anytjiing mqjie said. The accused, about three weeks ago, told me he would want fjqino sheeting and n quilt, When I took the matting down to the accused's honso I believe I put it in the parlor, as Mrs Parker was ill in bed.

By Mr Beard: I saw Mr Parker look at the sheeting, at the time lie slid he wanted some sheets. I did not hear Jjiijj say anything to Mrs Schroder about the things he waited. Mrs Schroder "was in the show Jooifi I did not see him tako the quilt. I saw him take the sheeting in the ordinary way, and he mentioned to me that his niotfoer was Pfiming "p. Did not hear him say anything about; anything else, He said' at first ])e wanted three yards, and afterwards said two and a half yards would do, Ho asked me to take it to his house. It was left standing in the shop, like ordinary goods were. I cannot recollect whether Mr Schroder was there that day or not, ] believe Mrs (Schroder saw the accused cutting the matting off. I only remember taking the matting and the wool, but kye'elteß taken things up to Parker's house.' '>n the morning when the wool was taken Mr Schroder was behind the glass case at the time. I always keep my eyes about the shop when 1 an| tliere, JJe wrapped it up before me and put it on a shelf, I

I went and looked at tl}e parcel because i I did not see him enter- the goads, I i took it down and • counted the skeins. I then went and told Mr Schroder that Mr Parker had taken some wool, Mr Schroder was at the pigeon shooting match last Thursday, and was not at the shop oil the following day. The safe was not open in the morning, When we had not the books we made entries on a piece of paper. I tore up one of those pieces of paper, it was one I had written pn njysejf, I cannot remember whether it 'was before or after the entries had been made in the book. On the Wednesday just as we were going to dress the window the accused wanted to know why Miss Ingram was about the shop, Ho did not say anything else about that, and we went on talking about "worldly things." Re-examined by Mr Bunny: Have not' taken any large parcels to Mr Parker's house. When the accused was taking the wool Mrs Schroder could have seen what was going on, By the Court; I had received instructions from Mr Schroder to keep my eye on the aooused, that's what made me so sharp, : Sergeant MoArdle sworn, said : I was present when the accused was brought to the police station on Wednesday. The accused had a conversation with Mr Schroder subsequently. I could not give the words that were made use of previous to the searoh warrant was issued, There was some words about a searoh warrant, and the accused said something about "don't make the matter too public," and also something about bringing the property back. I could not say what else was said, as I did not pay.much attention to the conversation. The property mentioned referred to the goods mentioned in the information. When the goods.were brought, Mr Schroder came with the "constable, and said to the ac3uperlj_" Is this all the goods you have got," and the accused said : "Yes, so'help my God, that is all I have got." hear anything said about entering the goods'or paying fo,r them. I saw Constable Leahy bring, in the .wool,, and I am nearly positive, the ..accused-said he

would have entered it, I remember Mr Schroder addressing the accused as ■ a scoundrel.

By Mr Beard: The accused, said something about. he would have have entered the wool when he returned from dinner, The' accused said: "Don't send a constable to my house as my wife is ill. I will go up myself with you and give him the goods." Conveying to my mind that he did not want his wife, disturbed as she was very ill. The accused did not say he had paid for the goods, and did not tell Schroder so, because he was afraid he would cook the books. I only remember him saying that he had paid for the malting. I recollect saying to accused ;j u Oh, you have told Schroder that you paid for them," meaning the matting.

Mf Bunny having addressed the Court at some length for the prosecution, Mr Beard replied, reviewing the evidence given in favor of accused, and, then intimated his intention of calling other evidence.

Mrs Schroder said: I know the acoused as being in Mr Schroder's employ, I know he has had things'that are entered in the book, and also things that have not been entered, I did not see the matting cut off, I did not see the woql lofore it was in the parcel, I did not see the accused looking at it liefore he wrapped it up, The parcels have not to my knowledge been secreted. 1 have seen the accused take parcels away, but have not known what they oontained, He usually carried the parcels away under his arm or in his hands, I have thought It rather strange that he should have taken parcels away, If the acoused had taken things away and booked them it would have been satisfactory to everybody concerned, It is not business-like for an assistant to take things and pay cash for them, I should not consider it a proper thing for the accused to take things without acquainting Mr Schroder or myself of it. I have visited Mr Parker's house, I was shown over it about a week after Mrs Parker arrived in Masterton, That was the only occasion qn which I was sfiown over the house, Mr Schroder was away to a pigeon shooting match on Thursday, and qn Friday he was pot }n the sfrop, As tlie books were locked up on t||at day, \?e. nia.de pur entries 'on g, pje.ee of 111 l t)|e entries were pptde qn the spie sniajl pjece of papers .1 cannot say whether Mr Schroder entered tho things into the book from the paper or not. By Mr Bunny: the accused did not buy anything from me. I never knew lie required any wool, I have new

known him send things out to other people .without looking tbem. He had plenty of opportunities qf taking tilings away without my knowing it, as I was away to my dinner and tea, aijd' }fe wquld lie left by himself. I remember going to, %s Barkei's house, and in a room at the hack part of the house, without a blind to t|>e windmy, I saw a roll qf blankets, counterpanes, and somo sheeting rolled up oil ij, stretcher, I had occasion to go to the back of the house and I saw the things quite plainly through the window. I looked through the books to see whether the things had been entered to accused. He once said to me that he should require some sheeting. "Re-epmined by.Mr Beard: The accused said to'nie that he wanted sqnie sheeting, and I recomnjencjeu him : fq cut the double sheeting. Tlje sheeting produced is double width. I did not see Mrs Parker hemmjng the sheets. [ did nqt see hini take away the quilt. I saw the things from the outside of the room. Ido not know whether it was the room Mr Parker's mother was to occupy, This concluded the evidence of the defence.

His Worship said that the taking of the articles was proved, but the question was, were they taken with a felonious intent. The suggestion that they had not been entered would have

been qiie of vejy great weight if the accounts had been tent "ml proper manner. The loose manner in which tlie books, were keptj the fa,ct of ac : cused being retained in the store a month at'tnr it wi|S known that the cash balanitis. s))ow ecj n]oney in excess, and that sales were made without being entered by him, would lead one a great way to suppose that that mode of proceeding was sanctioned by his employer, If he had been a strict

man, and said on the first omission coming under his notice " If this occurs again I shall punish it with instant dismissal," it would in all probability have prevented further omissions. He did not think an omission in the cash sales as an indication of any felonious intent on the part of the accused, The fact of the goods not being entered among the cash sales, and not in the day book, it cannot bo

said whether they, were dealt with as cash or credit sales. Mr Schrodor in his examination faltered when he was asked to give a decided answer. as to whether he told accused to adopt the course he was pursuing, with respect to purchasing goods from the shop, such a course of proceeding opened the door so widely to fraud and and dishonesty. The things could have been taken by accused, and. he could say he had paid for them as oash sales, ancj pijfc the money in the till. The statement of accused at the time of his arrest, whon full of absolute grief he appealed to Mr Schroder to let the matter drop, and that he would return the things, could not be overlooked, corroborated as it was by Sergt, McArdle and Constable Leahy, and he had arrived at the conclusion that the accused had appropriated the goods dishonestly. He (his Worship) said it was always a grief to him, when a young person appeared for the first time before him to be convicted.. If there was anything known of his previous good character it would be brought forward in his favor, but he would have to pass a sentence that would carry a punishment with it, and he was sorry that the accused had fallen into the temptations his position had offered.

Mr Beard produced several letters certifying to j;he previpits good character of thp accused,

Mr Schroder, with great I'golifig made an earnest appeal to the Bench on behalf of the accused, He touch-

ingly referred to his young wife who was ill, and the mother who had just arrived from Auckland to nurse her. He said it was with the greatest reluctance that he had prosecuted, and he hoped the bench would deal as leniently as possible with the case. His Worship (after conferring with Mr A. W. Renall) said that they had given very great effect to Mr Schroder's recommendation, and sentenced accused to fourteen days hard labor.