KEROSENE.

Auckland Star, Volume I, Issue 139, 20 June 1870, Page 2

KEROSENE.

A.T the request of Mr. Hague Smith and Mr* J. Dickey, Mr. Joseph Reilly has tested a sample of "Downer's" kerosene oil, and has kindly handed us the following certificate of result, which we publish for the benefit of our readers. We may mention that the thermometer used by Mr. Eeilly is one of 120 ° Fahrenheit, and it is believed by that gentleman that " Downer's" brand would stand over that amount. Mr. Philips, chairman of| the City Board, was present at the testing. " This is to certify that I, Joseph Reilly, Inspector of Weights and Measures, have this day tested a sample of Downer's J-cerosene oil, in accordance with the terms in schedule of Dangerous Goods Act, 1869, and have found, after careful trial and observance of the thermometer, between 100 and 120 degrees, that the same did not ignite at 120 th degree. Did it ignite at 110 degrees, it would be considered dangerous, according to the Act. " (Signed) Josep& Reiily. " June 20, 1870."

POLICE COURT.— Monday. (Before J. Naughton, Esq., and Or. P. Pierce, Esq., J.P.s.) DBTJNKENNBSS.

James Every, Henry Hopkinson, and James Kelly were each fined ss. arid costs, or to be imprisoned 24 hours-with hard labour. John Francis, for a]second offence, was fined 10s. and costs," or to be imprisoned 48 hours; and Maria Eandall and Ellen McLean, for third offence, were each fined 20 i. and costs, with seven days' additional. TAGBANT ACT, 1866. Gt-eorge H. Shepherd wag charged with having no visible means of support. Pleaded guilty, and was sentenced to one month's imprisonment. DED-WOOD HI&HWAY BATES. Thomas Shove was charged with a breach of the Higways Acts, in neglecting to pay the sum of £1 10s. s|d., being rates due on certain properties in the Dedwood Highway District, for the year 1869. Mr. Hesketh for complainant ; Mr. Wynn for defendant. Mr. Hesketh put in evidence- the Highways Act, 1867, and the Gazette of August 24, 1868, and Gazette of April 5, 1867, and the Amendment Act of 1870.

Thomas Shove called by Mr. Hesketh, deposed : I am sued for rates this morning ; I do not owe them; I know Mr. Jenkins, the collector; he applied to me for rates, and I told him I had paid them; I did owe them at one time ; the lots specified are my property; have only paid one year's rates yet; that was in last August; it was 16s. 3d. I then paid j that was for the whole of the properties mentioned in the information ; have been applied to for another sum, but it is not due ; I told him the Board was illegally constituted ; he applied to me for a total of £2 165.; I told him that I had paid a portion of it. It waa three or four weeks after this that I refused, because the Board was not legally constituted.

Thomas Jenkins deposed : I am the complainant in this case, and collector in the Dedwood Highway District. I called at the place of business of Mr. Shore, and gave a notice paper, with the amount of rates. He told me he did not owe any arrears; that he had paid the rates and got a receipt. This was for the arrears for 1868. I asked kirn to bliow me the receipt, and I would take the year's rates for 1869. I afterwards applied for the rates for 1869, as I found that the rates for 1868 had been paid. On the first occasion he told me his name was not on the assessment list; on the latter occasion he again refused. I produce the assessment list for 1869, finally settled under the hand of the chairman. (Tendered in evidence. Objected to by Mr. Wynn, who alleged that the name of defendant was not on it, the name there being "Shore" instead of " Shove." Mr. Hesketh argued that the assessment list was on\jprima facie evidence, and he had proved liability from defendant's own mouth. The Bench overruled the objection.)

Mr. Wynn further objected to the list as not being the original.

Mr. Hesketh argued that it could not be the original that must be produced, but the printed copy, inasmuch as it is enacted that the list is to be published in the Gazette, posted up in places, &c, to be amended, altered, &c, to such extent as to be unreadable.

The Bench decided to receive the Gazette in evidence, on the grounds that it did not state on the list when the rate was struck.

F. J. Yon Stunner, deposed : I was chairman of the Dedwood Highway Trustees. The list produced bears my signatnre as having been settled. It was posted at the Suffolk Hoti'l for one month; the week after the month had expired, the objections were heard. This list is the assessment list for 1869. I know Mr. Shove. This rate was made on the second Tuesday in October.

By Mr. Wynn: The original list was sent to the G-overnment and not received back: it has not been compared. This is the actual copy, approved and posted up, being signed by me as chairman. (The Bench now decided to receive the list in evidence.) This closed plaintiff's case.

Thomas Shove deposed : I paid the rate to Mr. Douglas, collector, as per receipt, 16s 3d for the term Jan. Ist to Sept, 30th, 1869, paid in July 1869.

To Mr. Hesketh : I do not know that this was the rate for 1868. I hare been the owner of this property for six or seven years. (Letter put in by Mr. Wynn, purporting to be from, the Board, asking payment for 1870.) Mr. Hesketh argued that this was simply a mistake in the receipt ; the rate then paid was for 1868, that the rate for 1869 was not struck till the October of that year. Mr. Yon Stunner recalled by Mr. Hesketh: This receipt was a blunder of the Board, from considering that they were striking a rate from October to October, instead of its being retrospective. The rate struck in October, 1868, was for that year, and it was for this, the receipt was given.

The Bench stated ihafc as the receipt was given for 1869, and the chairman in his letter claimed for 1870, they would dismiss the case.

Another case, by same Board, against W. J. Paterson, for rates, was withdrawn.

CHAEGE OB FRAUDULENT CONVERSION OF

BILLS OV EXCHANGE,

George Hall was charged by Joseph H. G-reville, with having, on the 7th of June, fraudently converted two bills of exchange, each for the sum of £67 10s.

Mr. Weston appeared for the prosecution ; Mr. Beveridge and Mr. Joy (instructed by Mr. McGregor), appeared for the defence.

Joseph Henry GJ-reville, deposed: lam a contractor residing in Auckland. On the 14th of June I possessed two bills of exchange —those mentioned in the information. One bill was . drawn by IT. A. Whitaker, dated 7th June, on one Lundon, for £67 10s., payable one month after date, at the Bank of New Zealand, Shortland. The bill was stamped. It was endorsed by F. A. Whitaker. The other bill was precisely the same, only it was payable at two months. It was for the same iimountv On the 14th June they were in my possession and my property. I saw prisoner after the receipt of the letter (produced) at Onehunga. He told me he had seen Watson, and told me that he had told him that he (Watson) was prepared to discount tho bills. I then came into town with him. I gave him the "bills for the purpose of having them discounted. On our arrival in town we separated. I saw him again late in the day. He told me Watson was busy and courld not attend to the bills. I also saw him on the following day, and I asked him what he was going to do about the bills. He was then alongside the Royal Alfred. I asked him what he bad done

with the bills I had given him the,.previous day. He told me Watson would not discount them. I then asked him to return the bills. He refused to do so; he refused several times. He told me he would discount them, at the Thames. Ho had no interest in the bills. I said to him, I would not allow him to lake the bills away. I. told him they had only been given to him to be discounted by Watson, and that, as he had failed to do so, I required them back. I told him if he persisted in taking the bills to the Thames, I .would proceed against him criminally. Both-the bills were stamped. I saw Whitaker and Lundon sign the billa.

Cross-examined by Mr. Beveridge : I was on great terms, of intimacy with Mr. Hall for some years, past. I swear I had bills of, exchange signed by Messrs. Whitaker and Lundon. I purchased the forms in Auckland. I bought, the stamps myself for. the bills. I saw both signatures. They were granted for a building I was putting up for Mr. Lundon at Onehunga: The two bills were for only a very small portion of the"contract for the building. The prisoner had nothing whatever to do with the contract. He never paid the wages to the men. He lent me money to pay the men's wages —one sum of £25, and one sum of £22. I have no doubt that the amount I borrowed went to pay the men for the completion of the contract, I have never paid it back. The prisoner was only to receive his money back, and not to receive a portion of the profit on the contract. I was to return the money when the contract was concluded. He told me he was going to the Thames to discount the bills and deduct the money I owedliim. I swear that he refused to give them up. I said to him at the steamer, '' If you are dubious about the money, keep one of the bills." He replied, "One would not be enough." He would have been satisfied with the cash. I should certainly have been quite satisfied if he had handed the amount of the bills, less his account to me. -

Ke-examined by Mr. Weston : The prisoner has no interest in the bills. The amount I owe the prisoner is £47. The bills of exchange were not in existence when the money wa« lent me by the prisoner. By the Bench : There was no consent in writing or otherwise as to the time the prisoner was to discount the bills.

This closed the case for the prosecution. Mr. Beveridge said that as the case for the prosecution had closed, he expected his learned friend, Mr. Weston, would -withdraw from the prosecution, as no case was made out against his client —of larceny. Mr. Weston, in reply, said that he strongly urged the Bench to commit the prisoner for trial, as he n.aintained aprima facie case had been made out.

Mr. Beveridge here objected to his friend making one of his usually long speeches at this stage of I he proceedings. The Bench intimated that the deposition of the prosecutor should be read over and signed. Mr. Joy very ably addressed the Bench for the defence, and said, that a more cruel case of prosecution had not come before the Court. It appeared from the evidence of the prosecutor that tbe prisoner had lent the prosecutor money to the amount of £47, and on another occasion a sum of £8, and for that kindness the prosecutor had endeavoured to place the prisoner in a common gaol. Was it not natural that the prisoner should hold over the bills until he was paid the amount owing to him ? The prosecutor had dragged the prisoner from Shortland for the purpose of disgracing him, and it was done maliciously. Mr. Joy quoted from, the last edition of " Roscoe on Criminal Evidence, 1868,', maintaining that the prisoner charged on this information was not a bailee under the Act. Mr. Joy, in conclusion, hoped the Bench would dismiss the case, and doing so would severely censure the prosecutor for his disgraceful piece of ingratitude as shown to the defendant. He would leave the case entirely in the hands of the Court, feeling confident the Bench would dismiss it.

The Bench in giving their decision said that they had given this case their very careful consideration, but they failled to see that the prosecution had made out the charge of larceny, either fraudulently or by wrongful conversion, and althoughthey would not attempt to censure the prosecution, as advised by the learned gentleman for the defence; they would dismiss the case.

The Court then adjourned for fifteen minutes.

A SPECIAT. GENEEAt, MEETING of the members of the A-.R.V. will be held at the Drill Shed, at 7 o'clock to-morrow evening, to consider drafts of rules and regulations for the management of the battalion.

A Ghost Stoey.—A report has been current in Kempsey during the past week (the Macleay Herald relates) that the ghost of an old Woman has been seen on two or three occasions lately, at a place known as Darby's selection, situated a short distance from this town. A young man, named Job Stanford, a man named Francis M'Carthy, and another man, all state, we believe, that they have seen the ghost-r-an old woman, tall, lean, and hag : gard. It was seen, it is stated, on three consecutive nights, and approached the men, uttering the most piercing and unearthly shrieks. Reports says that some years ago an old couple lived" a very unhappy life in that locality, and the woman ultimately died in a most wretched condition. Whether her death was hastened is not known, nor does it transpire that any questions were put to the apparition by those who say they saw it. One of the most interesting religious gatherings in this city is the annual assembling of the schools belonging to the Auckland Sunday School Union. A special meeting of- the children was held yesterday afternoon, in the Wesleyan High-street Chapel, for the purpose of hearing an address from Mr. J.. JJfeave. This large place of worship was filled— the children occupying the lower portion of the chapel, the visitors, of whom there was a large number, being seated in the galleries. The Albert-street Congregational and the Wesleyan High-street schools were present by invitation. The meeting was conducted by Mr. S. Hague Smith, and the singing by Mr. Glanville. The address was listened to very attentively throughout. There could not have beca less than 1200 persons present.