SUPREME COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 76, 10 April 1877, Page 3

SUPREME COURT.

[From the Lyttelton Times.]

CRIMINAL SITTINGS.

Thursday, April 5, (Before his Honor Mr. Justice Johnston, and a Common Jury.) ■ OBTAINING MONEY BY FALES PRETENCES. John Stewart was charged with obtaining money under false pretences, under circumstances as shown in the evidence previously published. The prisoner was defended by Mr. Izard. For the defence, Mr. Izard called two witnesses, viz., Sergeant David Ramsay, and Mr. Justin Aylmer, R.M., of Akaroa, both of whom deposed that, at the time, prisoner was apparently suffering from delirium tremens, and bore all the appearance of having been drinking heavily. He was so bad that he was remanded for eight days for medical examination. Mr. Izard addressed the jury, and contended that the prisoner could not be considered to have had guilty or fraudulent intention, as it was very evident that during the whole time of this transaction he was suffering from intoxication. His Honor having briefly summed up, The jury returned a verdict of " Guilty," without leaving the box. The police knew nothing ofthe prisoner. His Honor.said there seemed to be a strong temptation to men of idle habits, who cared for nothing but drinking, to commit crime. Persons who dealt in the way the prosecutor and his wife did, werecreating crime. Such an act, if not put down by public opinion, naturally induced others to follow the bad example set. It was to be hoped that this matter would be inquired into fully by the magistrates, for, from all appearance, the prosecutor was not a fit person to hold a license. Prisoner, however, was a reckless good-for-nothing fellow. The Court would not punish him as he deserved, becanse the prosecutor's wife had acted in such a reckless manner. His Honor then sentenced the prisoner to two years' imprisonment with hard labour.

Saturday, April 7. embezzlement. Robert A. Buchanan, late Clerk to the Resident Magistrate's Court, Akaroa, was indicted for embezzling several sums of money, the property of the Government of New Zealand, while so employed at the Court aforesaid. The prisoner was defended by Mr. Joynt. The Crown Prosecutor having opened the case to the jury, proceeded to call the following evidence. Justin Aylmer deposed : He was Resident Magistrate at Akaroa. Prisoner was Clerk to the Bench at that place. He was appointed in 1873 and remained there until suspended in 1877. It was his duty to receive fees and pay them into the Bank of New Zealand daily, and account for them to the Colonial Treasury weekly. _ Witness had had occasion to speak to him about the way he accounted for fees at the end of last or the beginning of this year. Complained of his negligence in delaying to send up his returns. When spoken to he informed witness that he got his returns ready and forwarded them. Had a conversation about a fee in the case of Aylmer v. M'Gregor, and told him that there was a sum of 5s that did not appear to be accounted for. Prisoner said he had forgotten it. Witness had paid that fee to him himself, it having been given to him for the purpose. He had not accounted for that five shillings. At this stage of the proceedings, Mr. Joynt asked that the witness who had been standing at the barrister's table might go into the witness box. The Court was of opinion this would be the proper course, and Mr. Aylmer accordingly went into the box. Prisoner kept a cash-book, into which it was his duty to enter all monies received. There was no entry in that book between November 14 and 24. There was no entry of a fee of 8s in case of Watkins v. M'Girr; neither was there an entry on November 17 of a payment of a fee of 5s in the same case. Clerks in the Resident Magistrate's Court had to pay into the Bank according to the Act. There was no entry of a 5s fee, Aylmer v. M'Gregor on January. Another sum of 5s for judgment and hearing was not entered. By Mr. Joynt: Mr. Aylmer was witness' father. Prisoner must have issued the summons on credit. Believed he had been in the habit of giving credit to a good many people. The Court: It is a practice that prevailed at the Supreme Court not many years ago. Mr. Joynt: It is a most disastrous practice. His Honor : I quite agree with you. Witness continued : I cannot speak of the prisoner's habits. He was not regular in his habits lately. I had a good deal of trouble to keep him in the office. He also held the position of Custom House officer, and before that had been Postmaster. His salary from all sources would be about £120 a-year. The Post-office was taken from him shortly before Christmas. The Government have been complaining for some little time past about his irregularity in sending in his returns. They stopped

his salary since last May, from which time he has received no salary. He was living at an hotel latterly. It never struck me he Avas a dishonest person. By the Court: I never niadf complaints to the Government. When he used to leave the office he made tho excuse that he had to go and attend to the Custom House. Henry Green Watkins deposed that on November 15 he paid prisoner the sum of Bs, for service of summons and other fees. On December 2he paid 5s on the same case. By Mr. Joynt: I know of my own knowledge that fees were frequently paid to Mr. Buchanan in the street. Fredk. De C. Malet, Registrar of the Supreme Court, deposed that he had examined the books of the Eesident Magistrate's Court, Akaroa. He had also had an interview with the prisoner, who had admitted to him that he had received money from Mr. Justin Aylnier on behalf of his father, and that he had not accounted for it. With regard to the fees paid in the case of Watkins v. M'Girr, prisoner admitted that he had received the fees and not accounted for them. By Mr. Joynt: prisoner gave me every opportunity of examining his books, and assisted me to the utmost of his ability. B. T. Missen, Bailiff of the Resident magistrate's Court, Akaroa, deposed that the prisoner had frequently asked him to go through the books with him to check the accounts. He said he believed there were some discrepancies in them. This was the case for the Crown. Mr. Joynt called no witnesses for the defence, but addressed the jury, and contended that no fraudulent intent had been shown. The jury retired to consider their verdict at twelve o'clock. After a short absence the jury retunred into Court with a verdict of " Not Guilty," to which was added a rider censuring the manner in which the business of the Magistrate's Court at Akaroa was conducted. There were other indictments, but they were not proceeded with, and the prisoner was discharged.