NELSON RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume IV, Issue 710, 13 September 1870, Page 2

NELSON RESIDENT MAGISTRATE'S COURT.

(Before the hem. T. Eenwick, J.P., and C. Hunter Brown, Esq., J.P.) Friday. Francis Harris, remanded from Friday last on a charge of embezzlement, was brought up for examination this morning. Mr Pitt appeared for the prisoner. John Leslie, sworn: lam agent for the Bank of New Zealand, at Westport. An account was opened on behalf of the Provincial Q-overnment, in the name of Francis Harris, as subtreasurer. Prisoner was in the habit of drawing on that account. Since the 14th March he has drawn £18,501 13s. This is exclusive of all sums drawn earlier in the month, but accounted for in the February statement. I produce the pass-book which shows a credit to the Government of £SOO which has since been paid to the "Warden at Charleston, by the order of Mr Harris. The last item he drew of £4OOI closed the account. No one else drew on this account but Harris.

By the Bench: Prisoner had no private account at the bank. All the cheques were signed by him as subtreasurer.

John Sharp, sworn : I was Provincial Treasurer up to the Ist of July last. I was so in January, 1868, since when Harris has had the management of the accounts on the "West Coast. All the other officers had to account to him. It was his business to furnish monthly accounts of receipts and expenditure. This was done regularly up to February last, at which time the accounts appeared to balance. Since that time he has drawn, so far as I know of, up to 31st March, £IOOO, to 30th June £7OOO, and on the Ist July £1590. Harris used to seud the vouchers up to me, I handed them to the Auditor who passed them on to the Superintendent, aud they were then returned to me. None of this money would be accounted for to me, but to my successor.

Joseph Shephard : I am Provincial Treasurer, and have been acting as such since Ist July. Since that date I have accepted a draft of Harris' bearing date July 9, for £3OOO. He has drawn on me for two other sums, one of £2OOO, and tho other of £4OOI 13s. These I refused to accept as they were not countersigned by Dr Giles. Harris, I believe, was allowed an overdraft as sub-treasurer. Since I have been in office Harris has furnished me with no accounts. The sums of £2OOO, and £4OOI 13s have been charged to the Provincial account. I have not gone over all the accounts myself as I have been laid up for some time.

The Crown Prosecutor said he considered there were sufficient grounds for the committal of the prisoner who, it had been proved, had received £IB,OOO, whereas he had ouly been able to account for something over £16,000. Something had been said about moneys that might still be in the hands of the wardens, but that was for the prisoner to prove, and as he had not attempted to do so, it might be reasonably supposed that he was unable to make out his case. He (Mr Adams) must therefore ask for a committal.

Mr W. Pitt said that be was not in a position to ask the Magistrates to say that a prima facie case had not been made out, and was therefore prepared to submit to a committal. Prisoner, who stated that he should reserve his defence, was then fully committed for trial at the next assizes to be held in November next.

Mr Pitt then applied for bail. He was prepared to offer substantial bail, as there were at least four persons in Westport who were willing to become sureties, and as it was necessary in preparing the defence that he should have the assistance of the prisoner, he hoped the Crown Prosecutor would offer no objections.

Mr Adams, while he should place no objections in the way of bail being accepted, felt bound to inform the

Bench that other charges were likely to be brought against the prisoner, aa several of the vouchers sent in appeared to have been tampered with. He was not in a position to prove this yet, and it might turn out that the suspicions were groundless, but he felt that ho should not be justified in not mentioning the matter. Mr Pitt again addressed the Magistrates on the question of bail, and after adjourning for half an hour they stated their willingness to accept bail, the prisoner in £BOO and two sureties in £4OO each. Mr Pitt asked to be allowed to find four sureties in £2OO each, instead of two in £4OO, but this the bench declined to accept. Prisoner was then removed, Mr Pitt stating that the required bail would be forthcoming so soon as he could communicate with Westport.