SITTINGS AT NISI PRIUS.

Press, Volume XLVI, Issue 7359, 11 July 1889, Page 3

SITTINGS AT NISI PRIUS.

Wednesday, Jttly 10. Before his Honor Mr Justice Dennieton and a Jury of four.) The Court re-opened at 1u.30 a.m. COOK V CARTER. This was an action for malicious prosecation, partly heard on the previous day. Mr Greseon called evidence on the part of the defendant. John Carter, the defendant, deposed, after some unimportant details, that Harrison had told him that Cook had got £25 from him, on the statement that witness had told him to hire it. He had not the slightest doubt of the truth of the statement made by Harrison, and even when sentenced believed Cook had had the money. In gaol, about a week after going there, Harrison told witness that he was very sorry, but he had taken the money. This was the first time witness had doubted the truth of Harrison's statement as to giving back the £25. In cross-examination by Mr Stringer the witness said he did not enquire into Harrison's character when he engaged him, as he was recommended by a friend of his. He had a good mind to lay an information against Cook when he first knew that he had the £25, but he thought as he was in a good shed he would treat it as an ordinary advance, and put it in his books as such. He could not remember Harrison saying that Cook had said that no one had seen

the money paid, and that his word was as good as that of witness. Cook said that

Harrison was a liar, and witness said that he must be pretty bad if he were as bad as Cook. Witness kept a banking account when in Kaikoura. It was about a mile from witness' store.

F. "W. C. Harrison deposed that he was formerly clerk to Carter, at Kaikoura. On the 11th January witness told Carter that the plaintiff, Cook, had been in, and had borrowed £25. Witness told him that Cook had said that Carter had told him he could have it. Witness further said that Cook told him he had settled up the small account he owed Carter. Carter asked witness if he had a receipt for the money, and he told him that he had not, for the reason that Cook had told him he had given Carter the receipt. Witness showed Carter the book with the entries in it. The statements he had made were not true. Cook had not received the money. Witness took the money himself, and made the entries in the two books. In February there was an interview between Carter, Cook, and witness. Carter called him out to ask whether he had lent Cook the money. Witness said he had done so. When Carter was away witness was in charge of the store, and made advances on Carter's account. There had been no difficulty with former advances. Witness had taken no receipts, but the amounts had been simply debited to their accounts. Witness believed that Carter most thoroughly believed what wirness had told him about the £25. Witness lirst admitted that he had stolen the £25 to Mr Westenra about a fortnight or so after being sentenced. Cross-examined by Mr Stringer—When witness was called upon, after being found guilty of conspiracy, he did not say that he was innocent, and that Cook had the money. Witness had never told Carter before be made the confession that he had made it. Carter told witness that he had presented a petition to the Governor on witness' confession. Witness was formerly in the Telegraph Department, and resigned. He was not charged with dishonesty. Mr Harrington told him that it would be better for him to resign. Witness signed a letter in Carter's name to Mr Morris, tailor, of Kaikoura, ordering a suit of clothes for witness in Carter's name. He did this by Carter's authority. Carter did not tell Morris that the letter was a forgery. Morris said he was going to lay an information against witness for obtaining goods by false pretences, and then Carter gave a cheque for the amount. Witness got the letter back becauseTMorris was hawking it round the town. Witness was not present at the conversation between Cook and Carter after Cook returned from Christchurch. The statement made by witness in the- Resident Magistrate's Court that Cook had said no one had seen the money paid, and that his word was as good as Carter's, was absolutely false, and made to give color to his story as to the £25. There was between £40 and £60 in the till when witness took the £25 out. The average weekly takings for cash sales would be between £45 and £50. When Carter was out witness had the key of the till left with him. The statement made by Denhard that Cook was in the store on the 11th January was true. Denhard heard witness count the money as he did count it out to himself, so as to make Denhard believe he had given Cook the money. Witness counted out the money to himself just after leaving the store. Cook never said that he had seen Carter in the town, and he had told him to get ;he £23, though Denhard swore he heard him say so. Witness asked Denhard when they were arrested whether he remembered Cook saying this, and he said that he did. Re-examined by Mr Stringer—Witness told Carter that Denhard was in the room when witness sent the money. This closed the case for the defence. Learned counsel having addressed the jury, his Honor summed up, and the jury after aehort retirement returned a verdict for plaintiff for £350. On Mr Gresson's application his Honor gave leave to enter up judgment for defendant on a legal point.