RESIDENT MAGISTRATE COURT.

Westport Times, Volume IV, Issue 733, 5 November 1870, Page 3

RESIDENT MAGISTRATE COURT.

Friday, November 4. (Before J. Giles, Esq., E. M.) EMBEZZLEMENT. Arthur John Lynd was charged, on the information of John Hughes, with having embezzled the sum of £ls, the property of the said John Hughes. The following evidence was taken: — John Hughes : I am an hotel-keeper at Westport. I know the prisoner. He has been in my service in the capacity of waiter. His duty was also to receive money, giving receipts for the same in my name. I know James Weston; he is storeman at Messrs Powell and Co's. The prisoner last accounted to me for money received from James Weston on July 23, 1870. I asked the accused about a month or ai weeks ago, whether James Weston kd paid him anything. lie replied that he had not. I told him that there was no necessity to ask for the money. Ihe conversation took place at the latter end of September or beginning of October. Mr Weston's account is due monthly. The prisoner left my service of his own accord on the morning of October 18. The two books produced are a day-book kept by the waiter, and a cash-book kept in the bar for all accounts. The prisoner has kept the day-book. There is no entry of the payments by Weston on August 20 and October 1.

James Weston: I know .the prisoner. I have paid him money on! account of Mr Hughes for my board on three occasions—ia the months of July, August, and October. One payment was for £G on August 20, and another for £9 on October 1. The August payment was made at the bar of the Empire Hotel, and the October payment was made in the dining-room of the same house. I received no bill and took no receipt. I We not been in the habit of receiving any bill. I always knew the amount. I always paid monthly. Another

waiter was preseut on the occasion of the payment on Auk. 20. I asked them both to have a drink. The sccoud waiter's name is Frederick Norton. The latter was also in the room when the October payment was made ; there were also two miners taking their tea. I gave Lynd two £5 notes as payment onOct.l.and he went out to got change. Outside the door of the dining-room he took a note out of his pocket, and gave it me as change. Last Monday evening I went to pay again for my board, and Mr Hughes then asked me about the previous ter. weeks'board. I told him I had paid, and produced a memorandum book in which I entered the amount paid, at the time of payment. On one occasion, shortly before the second payment, Lvndexamined one of the books produced, for the purpose of investigating what was due by me; he told me I owed for nearly five weeks, and it was agreed to let the accouut run until the Ist of October. I cannot say how he arrived at the amount due by me. I did not myself look at the book.

Frederick Norton : I know the prisoner, he has been in the service of Mr Hughes. I know Mr Weston. I recollect Mr Weston making a payment to the prisoner for his board on An?. 20. I came into the bar at the time, and was asked to have a drink. The amount I saw paid was £6. I was also in the dining room on October 1, but I did not see any money pass hands. I saw Weston at the hotel on that day, and he asked for the prisoner. Weston saw the prisoner, and I saw them together in the dining-room. The prisoner went out of the door along with Weston. I was not paying much attention, as I was taking tea at the time. I never heard the prisoner make any mention of the payments.

The prisoner examined none of the witnesses, and produced no evidence.

The usual caution having been administered, the prisoner declined to make any statement. A second charge was then gone into of the embezzlement by the prisoner of £4> on October lj also from his employers, Messrs Tonks and HughesEvidence of a character similar to that in the previous case was produced. The prisoner was committed upon both charges for trial, at the ensuing session of the Supreme Court at Nelson.