R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3523, 30 May 1890, Page 2

R.M. COURT.

EKETAHUNA-WEDNESDAY,

(Before. Colonel Roberts, R.M.) W; T. Glasgow v. Joseph Jessop-4. Breach of the Beer Duty" Act, in neglecting to enter three casks of beer in book, as required by the 29th section'of the Beer Duty's Act, ' Mr Gould oppeared for plaintiff, and Mr Tosswill for defendant. :; Defendant's council claimed' a non-suit on the ground that there was nothing to ehow any intended fraud. > Mr Gould in reply pointed out that the figures in the book produced had been altered fraudulently. For the defence, W. Stewart was sworn, and deposed: I anus hotelkeeper, residing < at Pahia'tua. I received from defendant about 11th January one cask of beer, I have had fifteen casks altogether. I signed for two in January, butonly received one. By Mr Gould: I had no reooipta. I know the quantity of hogsheads received.

The defendant called, stated: Mr Godfrey made up my books, I delivered on the lltu one hogshead to Mr Stewart, and I entered it in the the day book. I had no hogshead stamps on hand in the beginning of the month, on the 29th instant I purchased three hogshead stamps. I put them on casks, and oancolled them on 80th January, By Mr Smith: I don't know how tbefigucea in the book wore altered from 6 to 4 and 8 to 2, My reason for notreferring to. my new books are various. lam quite capable of keep, ing my books, I delivered three casks to Mr Stewart on 80th January I made a declaration that' the books were true. I took my books to Godfrey. I don't know bow the figure two was altered. I told Mr Jaoktnan,tbatinsteadof therebeing two hogsliendsdelivered there was one,and one brought awiy with a Binall quantity of beer in it, about 15 gallons. Mr Jackman examined my daybook in ray house. I did not admit to Mr Jackman delivering beer in excess of that entered. I wrote several letters to Mr Glasgow on this subject. James Godfrey deposed, I make up books for Mr Jessop, the figure must have'been a two under the three and four .under the five. I made the alteration in custom books myself. , .■. , ~i V Counsel having addressed the Court judgement was reserved. ' . Joseph Jessop was then charged

under Section 18, with fraudulently neglecting to cancel one stamp on a cask,

W. S. Jaokman deposed f On 2nd and sth A prill asked Mr Jessop how I should know how much beer he

had delivered Bince his Customs hook had been written up. He said his own book contained the amount. 1 asked him to let me compare his own books and Customs hooks, and after consideration ho declined, On next day defendant produced his books to me. In explanation re entry lltb January, defendant said Stewart had two hogsheads according to entry in his book, and his book was correct. I made entry at his dictation in the Customs book. It was in his book two hogsheads. I checked his Customs book, and found he had only two stamps in his possession.

The witness was cross-exatninedal some length by Mr Tosswill. ' Constable Cooper deposed: I hoard the conversation between Mr. Jack man and Stewart. The latter told Mr Jackman that be would' no! produce receipts as he was taking out a debt from Mr Jessop.

Counsel for the defence addressee the Court that the information wai bad. Mr Gould, iu reply, inaintainei the information was not bad, bul

requested to have the word sell struck out. - : . ■ For the defence Mr Stewart deposed; I did not receive two bogsbeads, I only received one. Signed for two but only got one. The one I received, ou lUh January was stamped. The tap was put through the stamp. There was a 18s stamp on the cask. •

By Mr Gould: I don't know if the stamps were new or old. Mr Jessop got the money from me for the stamps, I returned three and a half hogsheads. Defendant gave me credit for 15 gallons. I had the beer about. three weeks. I gave a receipt to no one but Jessop, I found out next morning that I,had made a mistake in a hogshead oi beer. Defendant. was\ informed through me of it, Don't know how much mpney I gave him for stamps, John Godfrey deposed: lam a clerk residjng at Pahiatua, gave evidence as to entry in Bank, in some cases he could not tell if he made them or not. Defendant on affirmation; I remember taking a hogshead of beer to Mr Stewart on the 11th January. I did not enter two hogsheads in my 'daybook, I got money for stamps from Mr Stewart on 10th Januray, I only received one cask on the 11th witliatl|ifteoi) shilling stamp on it. Mr Qould in reply ipalntainsd that false evidence had been given, Judgment reserved.

Joseph Jessop was charged under regulation 9 with failing to account satisfactorily for the discrepancy in his books between the amount of material used and the quantity of beer sold,.

i Mr Gould acknowledged that the informations .WW bad. ■ He had not drawn themjiirrjself.. They were all drawn in Wellington, in fapt, he had not seen this information beforehand; that if the Custom Department ohqsa tqjay their own information without legaj advise of; course they must fake, the consequences,' The Cafls^J#li)ip64'

On resuming at 7 p.m. His Wot-, ship stated that there was -considerable amount of laxity in the information, Defendants solicitor applied for costs on the ground that five oases before the Court were dismissed, His olient v had been put to considerable expense in attending the oourt : with his witnesses.- • • - • Mrfosswill applied to have the fine of £2O imposed in the former cased reduced to £l. As JSIO Worship had stated he would reoommend it being so reduced. Tiiebenph , declined to entertain the application! •• Meeting of Creditors

A meeting of the creditors of-. Prank Thompson of Kokatau, firmer, was hold at Carterton on Wednesday,' the Deputy Official Assignee braiding. The Btatetneut of assets-nod liabilities has already boon published-, In the course of his explanation yesterday, the debtor mentioned tbatamongat: the items of-his revenue, £45 had beon received for.his interest in a farm at Kokatau, over £lO had been earned at shearing, two .horses had been sold for £3; one cow-for £3, and £1 had come to him as the result of three weeks work at 6 contract job • A creditor: "You seem to work chcaply-£l for„three weeks labour?" 1 Debtor-" Yes, 1 do; I work cheap and I lire cheap I 1': '':,• v.;: ■■■■' Another orditbr'(a storekeeper) "I can work for the cheap living—'! You got £lO worth/ cf my goods for nothing l" ; ,- t . ■ Exception was ilso taken by some of the creditors to the price at which the two horses were sold, thirty shillings each,

The debtor accounted for an expenditure of £BO outot the suras alluded to above as having been received by him.. £lO went for rent, £lO for. sundries,and£lo was spent in.life insurance,

A creditor: "The best thing we can do is to shoot him and share a ' divy' out of the insurance money I" Other creditors questiond the debtor's right to Bpend £lO in life insurance with his affa''rs in the state they were.

The debtor said that he could not say where the balnnco of his receipts had gone, but it had most likely been expended in food and clothing. (In reply to aquestion)'He had had " dozens'' of horses, but had none now. Beyond the two recently Bold he had not had any for a long time. The meeting was adjourned for a week to enablo the debtor to furnish a detailed statement of his transactions, failing which the Official Assignee would be rquested to take eteps to have him summoned for public examination before the District Court. " : ;. •