R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4219, 15 September 1892, Page 3

R.M. COURT.

MASTERTON.-THURBDAY. (Before Colonol Roberta, R.M.) ALLKOSD JIISREPREBESTATION. Harry Smith was chargod with obtaining, od 3rd Soptouibor, under falso pretences, £i) 2s, from Edward Leo of Jfokumingi, boing £1 in cash and an Overcoat worth £2 2s. » Mr Skipper, who appeared for accused, elected to have the case dealt with forthwith. Sorgeant MoArdle gave particulars regarding the arrest of tlio accused in Wellington. Edward Lee, sworn, said:—l am a storekeeper at Bhurlogio Junction. ■ The accused came to my store on Saturday.'Srd September, flo had previously had a running account. On that date he owed U Bs, and I told him of the debt. The accused represented /•that there was £7los standing to his credit at the station (Mr Yallanco's) whero he worked, and it was on this representation that he obtained the poods and money. If I had known that there was only £Blßs Cd coming to Smith, I should not have let him have had anything. Accused said that he would got a chequo when Mr Vallance returned, to pay me. Ho did not como to tell me that he was leaving Mr Yallance's station. .By Mr Skipper: 1 keep a hotel as ifII as » store. The accused did not stop there, but eamo occasionally fcora the station. The account put in is in my writing, but some of the items are Smith's figures. The total amount I claimed was £7los, including tho back debt, I made no enquiry of Mr Vallance as to what money was owing to Smith. I hare done so since, and have ascertained that at the time the goods were obtained there was sufficient credit with Mr Yallanco to cover the two items which are the subject of prosecution, but not to include the original debt. I did not known that accused's wages wero 15s a week. I asked accused to buy the coat, as it was a wet night. I thought I could trust the man and let him Lave it nnd also the £l, Ho asked me for tho latter, too time was specified for re-payment, t thought I was sure of settlement, I have not asked tho accused for tho money since this affair ocourred,

By Sergeant MoArdle: Had I known that there was only £3lßs 6d idling to Smith, I should not have let him had the goods, No one was present during the transaction, C. F. Vallance, siation-ownor, Kahaumingi,deposed: The accused has beeninmyemploy. On GthSeptember £Blßs Gd was due to the accused, He received my cheque for this on 7th September. He did not ask for money to, pay Mr Lee at any time. He left my station on Wednesday, 7tb September,

By Mr Skipper: The accused was in my employ ten weeks and received fifteen shillings a week, or a total of £7los. I discharged the accused, telling him he was not quick enough. He had not received notice on 3rd September. •

Mr Skipper said that little remark was called for, The accused was in regular employment when he got the goods, and the statement he had made to Mr Lee was that he had earned £7los and that there was a balance still due to him at the time and which balance, Mr Skipperconamounted to more than the Wti which was the subject of the cass, A balance, too, had not born struck with Mr Yallance on brd September, and the accused might have been under a misapprehension as to the exact sum due to him. The purchase of the coat, also, was urged upon the accused by Mr Lee, He maintained there had been no misrepresentation on the part of the prisoner, who, moreover, was willing to discharge the liability, as soon as it was in his power to do so. Harry Smith, accused, sworn, said: I was at the Blairlogie Junction Hotel on Brd September, and asked Mr Lee for £1 which he let me have. He then asked mo if I had seen the overcoats he had up ironi Wellington. I bought one, but first told Mr Lee distinctly that 1 had not the money, and Mr Lee said be was in no hurry, but that any time between then and Christmas would do. I did not tell Mr Lee I had £7los to my credit, as I knew that I had only just over £8 fp*receiye from Mr Vallance. The rfllson I did not pay Mr Lee when I got the £i 18s 6d, was that I knew I could get work in Wellington and could send tho money from there, That was why I went away. If I had not been arrested I would have been at work now. This closed the evidence

His Worshipsaid that he considered the evidence insufficient for a conviction, and the acoused would therefore be dismissed.

In reply to au enquiry, Mr Lee said that ho was quite willing that Smith should keep the coat, provided he undortooklopayforit.