S.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4790, 3 August 1894, Page 2

S.M. COURT.

: (BeforailrtHutchisw^j^^B On tho Court resuming at2 yesterday, Reehi PotangaroiwintMH uod her evidence. ; <■;•?; ;«l , ToMr.Pownall :Beceived uVctoß of flour and'a ingaccused, Did. WKEow latter had 'ordered-' them, theni when sho went to the store her husband,, Would swear did not getanygoqdsjlvougliilH cused. Accused did not toll herMlM he had. cashed tho"cheque. WitnepH did not: tell accused to keep thel|MM change and get goods forher-'ipffiH the amount. Did not get any as well as accused gave lief When accused first told the letter lie said there was her in it, When he £2, lie did not stat j that it wns of the.money in the letter, •-..' ■;V^!^H By HiS:Worship: At the at Whak'a'taki, at which bor brotherM by cheque being What he did say was that the had got wet.and he cashed tho cliequelH at tbe:h6>l,.',;,"> ■ -^jf■ Hamawera Potangaroa, ImsbandlH of the last witness, gave ovidenoo|B| corroborating that of tho last wit-|^B By Mr ..Pownall: WasnotpresentlH when the goods'were ordered at tliefM store. Osborne's man came up aiid;H told him that there were some gqjls.U for him at the store, His wife •«sffl Peeti deposed that ho remonibered-iH accused coming to Pirip'i's housef H The remainder of witness' evidencetM was merely corroborative of that offM informant. ' J^NH John Osborne stated; that he wasff I postmaster at-Wjiakataki, where ho'U also had/a i store. Mrs -PolitngiiToa—coming Reehi asked if there was puka"'(letter) at tho post*omcesM which Easin had left/ Easin alsolß came and said he had loft a letterjf ■ with witnessi : Did not accused leaving any letter. If hef|B had left a stamped; letter ,it woul|||H have gone throng!t'thV post office in 'JjM tlio ordinary way.. Witness made search for the letter, but did not findglH it. Somo goods, flour and sugar,|gß valued at 235,. were ordered * H Potangaroa. The goods were or-.*■ dered from his assistant. '•'t't'B To Mr Pownall • The account for||B tho goods was sont to accused. Piripi came; to him. ,(iftenvards,|H Piripi asked iiim whether the" goods had been paid for by Easin. Witness ||M replied that.thoy had not been paid||B for„whereupon Piripi paid for them. ,|H Easin was present at the time wfeaSf Piripi paid, and probably heard the is_, conversation relating to the cheque. When Piripi, paid, ;Easin, " That's in my account, John." :;| This concluded- the case for tho 3 prosecution. '""' ,:-,|| In oponing the case for tho do- 1;| fence, Mr Pownall stated that the v|f whole question was one simply of;i?| account.': Accused hadjheeri on the' -M road for eleven years, and had very ■■:£s frequently ; been commissioned to'tf carry cheques and bring the chahgo, -v% and also to procure goods, 1 ' Many; V;j settlers would speak to tho character || of accused, 'T : ''''m • Easin Christian stated .that was a carrier."' Saw Tu Hireni at Taueru in June, and the latter; gave' vf ':i\ him a note to his sister Reehi; with; ■;|| acheque. Then he and Tu Hireni v i;|| went to the hotol where Samuel .'ill Foreman saw the cheque, Tu Hireni ; M said to Foreman that if witness could hot get tho chequo changed, ho *m should change it himself, Foreman ■ said "AH When ho arrived' .■ M at the Tenui Hotel he,found that ; | tho chequo was so wet' that he ■■',■'•s changed it at the bar, and carried ,| the change on to Aohonga, When if he saw the sister of tho informant | he gave her £2 only, as sho said that : | if he gave her it all, hor husband '■s would spend it, At her request went to Osborno's store, and ordered | ; some flour andsugar. He very often 1 earned money, and he had in this 4, case: acted quite faithfully in ;tbis ' : matter, , \> By Mr Beard: Went round, to / Tufiereni'swharoonSundayovouing « and also on Monday, Informant told h:in to get it changed and take V; it to his sister. :, . ... ; , .:;! . Samuel Foreman stated that he ,J| was a carrior. Remembered inform- IP ant and accused meeting him in the '. Hotol. Informant asked [-' him (witness) to change the cheque v ( which he (informant) had in his ;' hand, if accused could not get it '.l cashed. ~-: By Mr Beard: The day was wet, Accused rode on' the box ; seat iwith { witness. Accused went on with . : witness as far as Whakataki,' :; This closed the case for the de- j fence. ; In giving judgment his Worsh# | stated that the question to be deter?* ' i mined was under what conditions I the cheque was delivered to, and ac- , i eppted by, accused. He thought the j circumstances corroborated the ac- .' cused's story. It was in his favor • ' that he cashed tho cheque openly •, and endorsed it with his name. Ho ; would dismiss the case; adding that -X* he regi'etted the warrant had been ' | issued, ' (■ Mr Pownall asked leave to make j a subsequent, application for costs, His Worship granted this request, : and the Court adjourned, . [