S.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4789, 2 August 1894, Page 2

S.M. COURT.

MAST3RTON-THURSDAT.

(Before Mr T. Hutchison, S.M.)

LAHCENY OF A CHEQUP,.

Easin Christian was brought up on remand, charged with baring,' on the 19th June, 1894, taken a 'J6S cheque from n letter given to hini by a. native named Horeni Horeni Piripi, and devoted the same to his owuiise.

Mr Beard appeared for tho prosecution, Mr Pownall for the defence. All witnesses were Ordered out of Court.

Mr Pownall asked that the case should bo summarily dealt with, His Worship decided to hear the facts of the case and then decido whether the case should be suminarily dealt with or not,

Mr Beard briefly stated the facts of the case. He explained that there was nothing to show that the offence was committed by accused while in the regular course of his duty as mailman,

Accused elected to be dealt with summarily. ■•.■'...

H. H. Smith, Manager of the Bank of Australasia, Mastcrton,rccognisc,d the cheque (produced). It was .presented through the Bank of Australasia, and cashed on 21st June.

Horeni Piripi stated that ho saw accused on 19th Juno,atTauoru, Accused said to him that witness' sistor had told him to ask witness for some monoy, which prisoner was to take. In reply to wituess, accused said it was for her child. Witness went and wrote a letter to his sister, and enclosed the cheque for £5 (produced), which was not written in the presence of accused, This was on a Saturday evening, On Tuesday morning gave letter to witness, The envelope was open, so that accused might see the money was there. Witness thensealed up the letter, and gave it to accused, who wontaway. His sister was at Aolianga. Subsequently witness heard that the cheque was lost, This was at about the end of June or early in July. At once proceeded to the Bank at Mastertdn,' when ho found it had been cfislied. When he saw Easin, lattersaid lie hadlostthe letter and tjio money, adding that he had advanced some money to witness' sister, and that when the cheque was found, she would-pay him back, Accused spoke in Maori, Some time afterwards accused cnnicto witness. Witness said that in consequence of tho desire expressed by bis (witness')relatives, ho wbuldnot prosecute. Accused said he; had paid part of the -money .to witness' sister. Witness said that if accused would pay Win £lO witness' would say nothing to the Maori custom. .Acpuseclsjijd jJiat lie had kept some of the contents of the letter, which was now in: the Post Office'at Whakataki, but apparently had been lost; Witness accompanied his sister to the.Po'st Office, but did not get the letter, Accused had never made- any restitution, or spoken to witness since, ■' j By Mr Powna]| •, .Did 'nqt know, that accused hadobtainedgoodsaud stores for witness' sister. Pound out subse(juent : ly;from his sister' and

paid for them, The goods were' oh'-, tained in the name .of Christian* Was quite suro that the, letter., was sealed up when he gaveit to accused, Aftorwards he went to the' ;Tanera Hotel, where he saw Foreman. Had not the letter in his possession; at that time, Several persons were' in tho where when he gave the cheque to accused. It was in consequence of the refusal of the accused, to pay the £lO Maori fine—or to sign a declaration that he would pay it-7-thattho matter was brought into Court, ' • '' oVvi'. :

William Owen deposed that tlid accused came into ■ the bar of tho Tenui Hotel and cashed the cheque (produced). ; : : .■';'•;, By Mr Pownall; Did not give accused the money himself. It was given him by the waitress: . : ' * Ruti Hii, wife of the prosecutor, gavo evidence corroborative of that of die hist witness.

By Mr Pownall: Accused was not 'presentwhen Piripi sealed the letter up. A short time elapsed between I the sealing of tho letter and the arrival of the accused, ■

Reehi Putangaroa, sister of the informant deposed that in June she saw accused and asked him to get some money for her from her bro'-, ther. Subsequently receiving, a message from accused went to see him.. He told lier t that lie had,left a letter for her containing monoy at' tho Whakataki Post: Office, Subsequently .witness, her husband, and accused went to the Post Office, but were told by the Postmaster that the letter had never been left there. Had never received or seen, either the letter or tho. cheque. Accused subsequently gave her £2, and told her- to 'pay him when she got tho letter. Subsequently accused gave her a cheque for £l, and made a similar remark, The Court then adjourned;