THE-CHARGE AGAINST EHRMAN.

Auckland Star, Volume XXXI, Issue 217, 12 September 1900, Page 3

THE-CHARGE AGAINST EHRMAN.

FOUND GUILTY OF RECEIVING.

A SENTENCE OF TWO YEARS' IM-

PRISONMENT.

The hearing of the charges against Joseph Ehrman, in connection with a missing sum of £1&50 in the Daley estate was brought to a conclusion yesterday afternoon. The jury retired at 2.30, and at five minutes past foar they returned to Court. Mr William Goi-rie, the foreman, stated the jury found prisoner not guilty on the first two counts, which charged him with stealing the £ 1950 from Daley and the Official Assignee, and found him guilty on the third and fourth counte. which charged him with having received ten stolen £50 notes knowing them to have been dishonestly obtained. Mr Baume asked His Honor to arrest judigrment on .the ground that the counts upon which Eihrman had been found guilty did mot set out that the money had been obtained by a crime as required by the criminal code. The count merely stated that the money had been dishonestly obtained.

Mr Tole replied that the count distinctly stated that the prisoner received certain bank notes "before, then stolen."

His Honor: Does not that iset out a crime?

Mr Baume explained that the words did not appear in the, copy of the indictment from which he had quoted. Those words "before then stolen certainly did set out a crime, but the way His HoTiior put the matter to the jury was that "the crime" was the fraudulent concealing .by Daley, and not stealing-.

His Honor said the jury had considered it was stealing. He would dismiss the objection. Mr Baume asked that sentence might be deferred till he had the point decided by the Court of Appeal.

His Honor then dismissed the objection.

Mr Baume asked that prisoner be .admitted to probation, or that he be given a nominal sentence. His Honor (addressing prisoner) siaid it appeared to him that prisoner and Daley conspired together to use that money. It appeared to him that prisoner w'ais rather worse than Daley. It seemed as if the monfey was left in his hands, and he did not do anything with it till after Daley was convicted and sentenced to a long term of imprisonment. Then he (prisoner) commenced makinig use of it, which he knew perfectly well he had no right to do. The sentence of the Court would be two years' imprisonment with hard labour.