RESIDENT MAGISTRATE'S COURT.

Press, Volume XIV, Issue 1894, 11 May 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

Chbistohtjbch—May 10. (Before 0. C f Bowen, Esq., R.M.) DBTTNK AND DISOBDEBLY. John Blakeeley, an old offender, was sent to gaol for fourteen days for being drunk and disorderly on Saturday last; John Daviee was fined 10e for the above offence. BESXSTING THE POLIOB. Charles Fletcher was fined 403 for resisting the police in the exeoution of their duty. EMBEZZLEMENT. Archibald Macfarlane, on remind, was again charged with the above offence. Mr Wynn Williams appeared for the prisoner. The following additional evidence was taken : — Samuel Lee, eworn, deposed —I am a partner of Burton and Go's. At the time prisoner entered our service our instructions to him were never to return money to passengers if they did not travel in the coach after paying their fare. Prisoner did not ever to my knowledge return money to any one. Wβ have never allowed any of our servants to return money once received. On or about the 30th March last I was at the Hurunui. Prisoner was there also. A jar of butter was sent to Mrs Fieher, of the Waiau. I instructed prisoner to collect 2s 6d, and marked it on the parcel. I met the prisoner again on the Wednesday night at the Hurunui. I applied to him for all monies received, and particularly for the money due on the parcel. I asked if it had been paid, and prisoner said it had not. The following week I asked prisoner if the parcel had been paid for, and he said it had not. Prisoner has not since accounted for that 2s 6d. I have received information that the parcel has been paid for. By Mr Williams—Another parcel was sent on the same day to Sam Allen. Mre Fisher's parcel was sent to Mrs Norris for Mrs Fieher. Sam Allen's parcel was addressed to him at the Waiau. My instructions to prisoner were that he was to account for all money he received on account of Burton and Co, and on no account was he to remit any money. Joseph Morgan, a labourer at Mount Parnassue, stated—l was at Morris's Accommodation Home on the Waiau abou? the time of -:

the Waiau races. My mate, J oaop h Mar and myeelf, wore coming to town W.T® ' tended coming by tho coach. Prisoner dro™ the coach. I told lura I was comin* to t« and that I would pay my faro down and hS- , again. I asked him how much it was »n3 k told mo £3. I gave him a£s note and h' Rave mc £2 back. I believe ho toVdm! Q would give mc a return ticket wlien wo aatt the Hurunui. Nothing was said then aW his returning mc the money if I did not uo Nothing was said about that till I got to tow I did not go by tho coach. They colled JL' about two o'clock in the morning an d T refused to get up. Tho proper time for tht coach to start was about tho middle of th day previous. Mr Morris wa-j going to writ! to Burton, co I asked him to write about m» money as I meant to have it back. M ground for applying was because they did not start at the proper time. 1 next caw prisoner in town by Burton'e place last Xuosday I walked up to prieoner and I belley* remarked to him that it was a bad job. W e ii I'm sure I don't recollect what prisoner eaid at all. I don't think I said anything more James W. Morris, publican at the Waian stated—Joseph Max was about my place i» April last. On or about tho 30th March last I recollect a parool addreaeed to Mr Fisher heing brought to my place by pmonor. H o . thing was said about the payment of carriage* Prisoner eaid there was 2e 6d to pay on it. T don't think he eaid there was anything to paton any other parcel. I told Mra MorrU jn prisoner's presence to pay him for tho parcel ac Mrs Fisher waa not at home. I did not m Mrs Morris pay the money. By Mr Williams—Morgan and Max stayed at my house about eight days after tho day on which Morgan alleged he paid £3 to prieoner for the fare. Green did not bring any mmm for mc from the prisoner. By Police—The man did not come back with the mails in time. I do not know whet time the mail did arrive. Emma L. Morris stated—Prisoner was afc our place about the 30th March. There was a parcel brought in the coach the prisoner drove for a Mrs Fisher. I paid 2a 6d carriage on that parcel to the prieoner. This closed the oase for the prosecution, and after being duly oautioned, prisoner, who fc>. served hie defence, was committed fo? trial at Supreme Court. Bail allowed, himself in £100 and two sureties in £50 each. DBBTOBS AND OBEDITOES AO2I. Barnard Simpson, in custody, was chawed under the above Acts with fraudulent? altering and falsifying, or being priry to the falsifying of his account books, in order to defraud bis creditors. The following evidence was taken :— B. W. Fereday, solicitor, and' R. Bavia, Deputy Registrar of the Supreme Court, proved the documents necessary to the prisoner ob< taining hie protection of the Supreme Oourfc. Mr J E. Graham, Inspector in Banlruptoy, and John McGregor, hie clerk, deposed to receiving the books of the estate from tho prieoner, and finding the alterations which bad been made since the prisoner filed Mβ schedule, and whioh altered the credits of several of the accounta. Walton Davis, sworn—l am clerk to Mr Simpson. I was in his service at the time of his bankruptcy and for pome time before. I kept the books. The books produced, W and X, are in my handwriting. My first entry was 3let July, 1868. After prisoner's insolvency I made one alteration in tha booli. The balance of £1819s on page 387, ehoTra ac due by J. J. Loe, is in my handwriting. This was from anIOU which I sent to .Ml , Loe. I was told by prisoner to eend aa I O V for-.the amount of tho balance due on certain accounts. Mr Loe'fl "was one of tho accounts. I went and saw Mr Hart* myeelf and got a cheque for part of the amount due, and anIOU for the balance. I gave credit for the IO U myself. I did so without instructions. I gave credit for them as soon si I cent them. I did not inform prieoner of tljak I informed prisoner of having got Halt's lOU. I sent an lOU to McDonald. Ido not know why there ie no data ; to the- credit- given by-, the. I.Q.U pa Loe'e account. Tt was by an lOTJ } end it was entered by cash. In Hart'e accoutsfc the entry by oash for £7 16s wae fllflo by m lOU. There is no date to that entry. I have given credit for £15 8s 9d in McDonalds account. That is not the correct balance; it is £3 IBs more. Tdo not know why I did it. There is no date to the entry. I gave him credit for cash, and I sent him an I O U« I ccc an alteration in the account. I made that alteration. I suppose I wae aeked to do so by prisoner. The account on page 386 ie in my handwriting. I expect it must have besa done after prisoner's insolvency. I cannot re* member why I made the alteration on psgo 386. It did etrike mc as unueual when I dia it, but if I am paid for doing anything I do it. There is also an altered account in the name of John Hurt, but I cannot give any reason. I opened the new account at prisoner's instigation. I think it was .after the sale I opened the new account. The sale was about a fortnight or three weeks after the bankruptcy. Prisoner instructed mc to to get the lOU, and to alter the account after the insolvency. By Dr Foster—l received tho instruction about the I O U'e about a week before the insolvency. The booke passed out of tny custody not long after I bad entered the IU fil p* By that time the I O M net g my knowledge been returned. Prisoner cannof, read or write very well. Hi» ' cww read that writing eaeily, but he mighty the figures. Ho always left the accounta to mc. It was entirely on my own WWjMg I made the entries on the credit side • JU-we alterations were made at one (tme, &f ««« the bankruptcy. I do apt know;*heehff«g of the I oV. were cashed. The accounts showing c balance againet the creditors were made out after the deed of composition. Dr Foster spoke shortly on behalf oi wv Pr Soner, who reserved hi» committed for trial at the Bail was allowed, prieoner in £200, aa<l w> sureties in £100 each. ; Lywiltoh—May 10. [Before W. Donald, Esq., B.M.] IAEOBKT. Thoma* Owen, a eailoron board -lib* «JJ Nevis, was charged, with from Mrs Boper'e shop. Upon the Mrs Koper, Constable Wilhs, Evm*, bis Worehip eentenced ; ten to weeks' imprisonment with bard-iaDor. Nafanini, a Maori, was brought "VgjJ 0 . with rape upon the person of T ie g^ m Maori girl. Hie Worship remanded *h| for eight days for the production of wi -nesses. ' " . . ' ■ I* ■ .... .'„