POLICE COURT— SATURDAY.

Auckland Star, Volume I, Issue 168, 23 July 1870, Page 2

POLICE COURT— SATURDAY.

(Before W. C. DaMy and W. T. Auckland, Esq-., J.P.s.) DttUNKENNESS.

J, hi Donnelly, charged with this offence ■was fined 5s and costs, or to be imprisoned.

FKADTTLENT COMMISSION.

Robert Baird waa charged by W. T. Snell with having on the 12th August, 1869, convert el to his own U3B £10, committed to him to purchase promoters gold mining shares for prosecutor. ■ Mr. Wynn for the prosecution. Mr. Hesketh for the defence. .;'■''.- i

W. T. Snell deposed,: On the 12th August last, -I negotiated with defendant for the purchase of shares in the Amazon Gold Mining Company and gave him £10 for that purpose, and produce his receipt. Applied seve;al times for the shares; he mado various excuses and subsequently promised to ret .m mo the money and asked me to wait a short time as it was not convenient to pay me then ; which I agreed to do ; after his going through tho Court he told mo he was hard up, and that I'm'tist nob be in a hurry; I then sued him ia the Resident Magistrate's Court j he pleaded bankruptcy 5 I toot a nonsuit. To ,Mr. Hesketh : I am in the employment of Wi: J. Hurst and Do.; defendant is in the same line of business; I am instituting these proceedings on my own behalf only; the money was paid over defendant's counter in a checque for £20; £10 was for shares in the Burra Burra. Mr. Reid and I agreed to buy the shares ; they were to be in my uamo to deal with them as I thought right; my compleint is that I have got the Burra .Burra shavesj but not the Amazoiu ; that I have bought shares, but' have not got them. I was to give a certain sum for the Amazons j he was not to get a commission, if he gave mo two promoters strip* the arrangement would have: been satisfied., I think I can swear that I nevor agreed, to take £5 in settlement. I sued for interest in the Resident Magistrate's Court. Re-examined by Mr. Wynn: Mr. Hutffc disapproved of my taking the;e proceeding 5 on paying the £20 I got besides the rece/pt, the scrip of the Burra Buna ; never till iliis morning knew of the existence of the Amazon scr;p. , , ■ Ornal Grainger deposed : I am cashier with W. J7 Hurst; I. applied two or three times to defendant in this matter; he nevsr said anything about 'the scrip. I brought him a letter on tho su'jjec*-. Toj Mr. Hesketh: Four of us wrtit in for these Amazons, Messrs. Snell, Rei<i, Palmer, and myself. Wo were to buy thise shares from Mr. Baird. Mr, Snell was to act for us. I went irifcU a note from Mr. Snellto defendant asking for the £10. . . . ~ This closed the case for'the p'iv3ecution. Mr. Hesketh before addudug evidence, asked the Benoli if it was necesiary to answer tho charge

This case was dismissed

John Moore Perrier was charged by John Benb with felonipusly string, taking, and carrying away '.from the rreinisea of Messrs. Jones and Tombs, on the&lst July, ls7o, at Auckland, one ledger or account book, value £20, the property of tyie paid Messrs. Jones and Tombs, contrary to the "statute in such cases.'made and piwiied

asked the Benoli if it was ndceafary to answer tho charge. , ~.(.' This case was dismissed. The Court adjourned for lalf-an-hour, and resumed at half-past 12. IAKCENY, YAI/UJ £20. John Moore Perrier was charged by John Bent with feloniously string, taking, and carrying away from the premises of Messrs. Jones and Tomhs, on the&lst July, I^7o, at Auckland, one ledger or account book, value £20, tho property of tyie paid Messrs. Jones and Tombs, contrary to the statute in such cases/made and piwiiod. Mr. Wynn for prosecution ; Mr. Ucsketh, with. Mr. Sheehan, instructed by Mr. Eod^crs, for the defence. John Bent deposed : I am the manager of Jones and Tomb's printing office. I know the defendant. An arrangement was made by Jones and Tomb* to print tke Tomahawk for Perrier and Hufpinflon. The paper was so printed and,issued up to last Saturday. It was agreod tj'at payments were to bo made out of the proceeds of the sales and advertisments. The -document produced is in .the hand-writinff «f Perrier, and bears his signature

Mr. Wynn for prosecution ; Mr. Ucsketh, with Mr. Sheehan, instructed by Mr. Eod^crs,

for the defence.

John Bent deposed : I am the manager of Jones and Tomb's printing office. I know the defendant. An arrangement was made by Jones and Tomb* to print tke Tomahawk for Perrier and Hutminson. The paper was so printed and,issued up to last Saturday. It was agreod tj'at payments were to bo made out of the proceeds of the sales and advertisments. The document produced is in .the hand-writing if Perrier, and bears hia sighaturo with that of jlutchinson : —

"Auoklaud, July 2, 1870.

" We, tho undersigned, hereby make over, to Messi's.' Joaes and .Tombs all our right and interest mall moneys accruing from the book debts autf sales of tlie Tomahawk periodical for value deceived. t

"John M. Pbebieb,

• v ~ .". AIERED HUTCHINSON." _ Ib wasgiveu to Joue3 and Tombs as an indication if the manner in -which the paymeats wercjo bo made. Ihore was also given a ledger account book, together with the original orders for advertising," bearing the signatures of the advertisers. Tho book produced contains the accounts up to a certain date, and wae handed to Jones and Tombs as collateral security, and for the purpose ef enabling us to collect the accounts contained in it. It would be of infinite value to them for recovering the monies due. On Friday the copy for printing was taken away, and Jones and Tombs have caaSed to be the printers bf the Tomahawk. Both Perrier and Hutchinson were present and gave us possession of the book. Since tho evening of the 21st Jones and Tombs have lost the book. *No permission had been given to take the book away. £On Friday evening I came down to the office between seven and eight o'clock, and; was told by the man in charge that the book had been taken bjy PeWner;'*" ' '.'." ■'" ''■ " "'' To Mr. Hesketh t Perrier and Hutchinson wero in the habit of using pur office for the first two weeks. There were entries in Jtlie book when handed over to us as security. It was handed over formally on the 2nd of July, on the execution of tho^gi-cement. We derive our right to tho book from this document, and from moneys being owing to'ua by Perrier aiid Hutohinson, the proprietors of iWTotnahawk. Theytfere to Have- access to the book to make entries.- It was given to us as collateral security for the debts due to us. It was not formally brought forward, but it was in our office, and we were verbally told that the book was to'be left there; . ; ;, At this stage Mr. Wynn stated that he had been iusti noted that the book had been literally handed over, but from the evidence now adduced he would not go on with the case.

Dismissed accordingly.