RESIDENT MAGISTRATES' COURTS.

Press, Volume XI, Issue 1376, 5 April 1867, Page 2

RESIDENT MAGISTRATES' COURTS.

Chbistchurch—April 4. [Before C. C. Bowen, Esq., R.M.] Joseph Copo was charged with boing drunk and incapable on the previous night, and fined ss. James Gillon was charged with selling liquor without a license, at Rolleaton. The caso was adjourned, on the application of Inspector Pender, until the 18th instant. A case against Win Leslie, for assault, brought by Edward Prebble, was withdrawn by leave of the Court. A case against Robert Watson, for nssault, brought by James Leven, of Shand'* track, wa-» also withdrawn by leavo of tho Court. The Resident Magistrate agiin reminded tho parties in this case that tho neighborhood of Shund's track and the Wheat Sheuf tavern were becoming very unruly, and ho hoped that no more cases would couu beforo him from that district.

A case against Michael John Murphy, for assault, brought by hn wife, was also allowed to be withdrawn by leave of the Court.

Martin Richard Ash win surrendered to his bail, tiken on tho 3rd iusUmt, to answer a charge of larceny of moneys, the property of E. 0 Hilton.

There were three counts iv the informa tion.

Mr Wynn WiliUms nppeared to prosecute, and Mr G.trrick appeared for tho dcfl-nco.

The following evidence was taken : —

Edwin Chart's Hilton deposed—l was a partner in the linn of Hilton aud Co. The partnership was dissolved on August 17, ISGG. I produce the cash-book since the dissolution. Thera is an entry on 15th December, 18G6, of Wildermoth, £50. There is no corresponding entry on tho other side. On the 20th December, 1860, I find an entry J. Wildermoth, for accept in cc £GO, sigtinst Hilton and Co. There is no entry on the other s»ide. On the 18th February, 1567, there U an entry Wildermoth, discount account, £30. There id no entry on the other side. The entries are in prisoner's handwriting. I produce tho ledger with the discouut account, folio 330. It is in prisoner's handwriting. The £30 is in prisoner's handwriting.

By Mr Gnrri.-k -'Live necom.t Un ~ , , oil' :m bal.-irrrd. o! nii »rked • |;vl1 '" Willwiy Tr.-.i Lv..|l .:f,|«.l | 1( . v, swears.); lih slVirmat ;,>>< r.-n._|-,.. •'* 'i'">t Law Amendment A.-t of l.s.V;" ...j ', U:U !'.' r ' ha ~:,«,,i as mi.,.v S! -i ,un':;':f':;^i>e Canstehureh. 1 am employed h v tV .'"' m t,. examine an I make up Hilt,,,, *J, U ; , , Pe , s h..-ks. I pr„iuce ,| lt . '«?.s lV.o!vr. 15,!,! 1 find „.., . UIII of * |«h purports to he on account 0 f Wi.i,,' ' ' accept;,.,,-. Thar w.h.IJ h,M» ~, I funis of Hilton and Co. Thori ' ;'" ° f .hon- ,l, lt ,„- , lllv o .'! l '", ,ryto Wilde-moth's K:t,ui,l, rund^..'V*"' 0 T meet tluit amount. ()„ «\H\i IVeetul.,'., uJ° I tin.i».i .-«itrv;.i. Wiide,v„..,,i liropft ,.:';; 8 K It!), a .-hrtrg,. ncm.st Ildton and C ol 7 n " >,v »-< » "T <»f ««>y money \\.1.1er.,.0,h,0ru,..v0n0e1,,0« Wildln ot , ? account, to meet this amount. 1 ni .„i,; * "bill receivable" hook of H.lton \Z fc Ihero is an entry on Ist October of „ t » received from J. Wildermoth J riw , Hilton and Co., at three months, i.a T »hk » tho Bank of New South Wales, die" ud4 1 January, for £150 10,. The ois., £c ' was taken out on 29th December' o February «) there is an entry, „,„_, discount account, J. Wildermoth, , ICr n. ? £40. There is nothing to show that Will moth, or any one else on Wildernioth'g "* count, furnished funds to meet this ~,„„ BC " On tho 18th of February there is nn Z cash paid discount account, Wilder,,,*.,* £30. There is nothing to show that Wii moth, or any one else on account, furnished hinds to meet this amount On 25ih bebruarv there is an entry ens!. , ':! to discount account, Wildermoth, £5-> Ti figures produced are mine. The totafamounr comes to £211 IDs 31. Th. original b,U a £210 There is therefore £30 \uJZZ tor. I produce the ledger. 1 see the discount account, folio 336. 1 find the namo 0 f \V ldi-rmoth once on tho credit aide, Xl entry is on 3rd October, by bill, WildennntV, 9 £150 10s. On 11th October, there is „n ontrv for a bill of £210, and interest 10*, on tho debit side. On the credit side a bill for £150 10.-, purporting to be a part renewal of a hhi o\ i 0 entry of £(30 in cash, which appears iv th o ledger as received, while by it has been paid. 1 find tho other entries [ h aTjJ mentioned above in tiiis account. As far as I can gather from tho books the bill has never been paid to Hilton and Co. On February 18 theroia an entry to the credit of the discount account of £30, as received from " selves." This pm . ports to be the samo amount which is shown in tho cash-book as having been paid out of Hilton and Co.'s funds. This account is ruled off as if balanced, is added up on tho debit side, but not on the credit sido. On examination it shows the sum of £30, at> parently at credit. '

Wm. Gordon McCrao deposed-— I am accountant at tho Bank of Australasia. Hilton ana Co. kept their account there. I recollect au acceptance of Wildermoth',} for £150 lo s being lodged ut tho bank. It was not discounted It was duo on the 4th Junuarr 1867. It was taken up in three payments' viz, January 10, £(,0 ; February 11, £.\q\ February 25, £5L 19j 3d. There wa» no amount of £30 paid on tho 18th of February on account of the acceptance. I see tho entry in the ca»h-book, 18th February, discount account, Wildermoth, £30. This was never paid to the bank on account of tho bill.

John Wildermoth sworn—l am a farmer at Leeston. I had some transaction* with prisoner. I oived him some money. I settled tho debt by the sale of my place to him. I did not on the 15th Ojtober pay prisoner £G0 on account of that debt. I did not on 29th December pay him any money. [ never paid him any cash on account of that debt.

By MrGarrick—l remember a young man coming out to my houso to get mo to sign a bill to renew the £200 bill. I refused to sign. I gave no reason to him. I told him I could only see Mr Ash win about it. Subsequently I came and signed it at Hilton and Co.'s office. Mr Hilton was present. No ono else that I know of. I think thoro was no one present. I had no conversation with Mr Hilton about it. Prisoner was present. Prisoner asked mo to sign th» —>"<>«rai, «>JI oiguua it. ti iuia prisoner about tho young man coming up. I did not read tho bill at tho time, and I believed it was the same bill that I first gave prisoner, renewed.

This was tho case for tho prosecution. Prisoner, on being cautioned, stated—l merely wish to say that these uro payments iv part connected with Wildermoth's accommodation bill given to tho firm.

Prisoner was committed for trial at tho next sitting of the Supreme Court. There was another charge of larceny against the prisoner for stealing £40 and £52, the property of E. C. Hilton and Co.

Tho evidence was similar to that in the last case, and the prisoner reiterated his statement given in the last case, and was committed for trial at tho next sitting of the Supreme Court-

Prisoner was admitted to bail, himself ia £1000, and three sureties, one in £500 aud two in £250 each.

Nutfc v. Prince—Claim for £32. Judgment for full amount, and costs. Nathan and Co. v. Rose—Claim, for £40 3* sd. This case was adjourned until the 17th instant.