MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 819, 17 May 1910, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. G. Eiddell, S.M.) INSURANCE MAN CONVICTED! WAS IT A MISTAKE? The long outstanding case of Sidney Diamond, charged with having, on or about November' 23, at Wellington, stolen tno sum of 155., the property - of the A.M.P. Society, his. employers, was finally disposed of before the magistrate yesterday. Mr. O'Leary defended. George T. Stephens, of Island Bay, stated that he took out a policy with the A.M.P. Society for his' grandson, the premium being Is. per,week. On November 23 he paid accused £1, representing 20 weekly payments up. to' April 18. He did not remember the irinri to whom he paid the premium, but. the man signed the book (produced). He had never at any time paid a premium of ss. James Alexander Stewart,. manager of the Industrial Department of the A.M.P, Society, stated that accused was employed to collect premiums and get new business. The book, produced to 'the last Witness, was signed by accused. Witness went on to explain the system adopted by the society's'• canvassers in regard to entering money received in their books. There was nothing in the statement of accounts to account for the 205., but. a later weekly statement gave a credit for ss. paid by Mr. Stephens. If that ss. had not been paid at. that particular time, the policy would .have lapsed, and inquiries would then have been made. ■ To Mr. O'Leary: Defendant was given a.salary of Is. per week, and commission. Defendant also had found a. fidelity bond 0f'..£50, on which he had. to "pay 3d. per week, which sum was deducted from his earnings. This money was never returned to the employee, but was kept for the specific purpose of these fidelity bonds. Another Id. was deducted for receipts. An inspector went the round of the agents at intervals of a couple of months, and the agents knew that they might have to face inspection at any ' time. If there was a Shortago or an over-payment, an adjustment was made. He did not think that there was any possibility of a mistake having been made in this case. Before putting accused in the box, Mr. O'Leary called evidence to show that the ionditions under which agents worked made it possible for a mistake ' (such as it was alleged happened in this case) to occur.■ Diamond admitted having collected the £1 from Stephens. He entered the aniouht up in his rough book, but had made a mistake when transferring the entries to the regular book. The inspector, he urged, should have noticed the wrong payment, and have drawn his attention to it. This was usually done, and the matter would have been rectified immediately. iHis Worship slated ho was not satisfied with accused's explanation, and a Conviction would be recorded. The evi-' donee'tended to show that defendant .required someone to be checking him continually. Tho books were so simple as to make it almost impossible for anyone to make a mistake. Accused would bo convicted and ordered to come up for

sentenco when colled on, on condition that tho 15s. was repaid to the society. He would also be required to pay costs, JCI 12s. , • UPSET BY MISFORTUNE. A young man pleaded guilty to having attempted to commit suicide at Maranui on Sunday last. It was stated by the police that accused had gono into the water with all his clothes on, but when tho water was up to his neck ho could not persevere in his intention, and camo ashore Mr. Von Haast, for accused, said his client was a man of high reputation, sober, and industrious. He had been employed by one Wellington firm for twenty years, but having saved up a good deal of money, he started out in ' business for himself. Ho could not make tho business pay, however,' and got into financial difficulties, which preyed on his mind. His Worship entered a conviction and order to come up for sentence when called on. "SAT ON HIM." "Accused threw the other man into the gutter and sat on him," said SubInspector Norwood, referring to the case of a young man named William Williams, who pleaded guilty to having unlawfully assaulted one David Bell. The Sub-Inspector explained that the two men' had been drinking when some trouble arose over money. After the men left the' hotel, Williams followed Bell up the street, and proceeded to treat him summarily. ' ~ A fine of 205., and costs Bs., in default seven days' imprisonment, was entered. MAINTENANCE CASES. Charles William M'Loughlin, tally clerk, was charged with disobeying an order for tho maintenance of his wife and family. Evidence showed that the order had been standing for seventeen years, and defendant had paid in over .£678. The arrears under the order were £V>, and the family were now alLgrown up. Defendant was not permanently employed, and during the past two years his earnings had only averaged about £2, 55.. per week. It was suggested by defendant that the arrears might be-remitted. His Worship said that he was not prepared to cancel tho arrears. The order, however, would be reduced to 15s. per week, and defendant would have to reduce the arrears by payments of ss. per week. Mr. M'Gfath appeared for defendant. Henry Wm. Smith was charged separ-ately-with, disobeying an order for the maintenance of his wife and child, lhe arrears on tho first order amounted to M and on the second to £2. A sentence of one month's imprisonment was entered on each charge, the sentences to run concurrently. VAGRANTS. A charge of being an idle and disorderly person with insufficient lawful means of. support was preferred against a cripple named John Marratt, who pleaded guilty. His Worship entered a conviction and order to come up for sentence on condition that accused 'was admitted to the hospital for treatment. An old man named Herbert Reeve pleaded guilty to a charge of being a rogno and vagabond ill that he has insufficient lawful means of support and had been previously convicted of being an idle and disorderly person. Accused was remanded until this morning to enable the police to make inquiries as to whether the old man could be admitted to the Oliiro Home. Stella Taylor was brought forward for sentence on a charge of being a rogue and vagabond in that she has insufficient lawful means of support and had been previously convicted of being an idle and disorderly person. A sentence of six months' imprisonment was entered. SEPARATION REFUSED. ■ Grace Davies proceeded against David John Davies, carpenter, for a summary separation. After hearing evidence at considerable length his Worship dismissed tho application. Mr. Neave appeared for the applicant and Mr. Dunn for defendant. OTHER CASES. Jas. Knight was convicted and sentenced ! to one month's imprisonment on a charge of indecency on ; the Queen's Wharf. John M'Keown, charged with insobriety, was convicted and fined 205., in default seven days' imprisonment' and a prohibition order was issued, accused consenting. One first offender was fined 10s., three other first offenders were fined 55., and a fifth was.convicted and discharged. A sentence of one month's imprisonment was .entered against Chas. Wm. Nicholson remanded from Saturday for sentence for theft of a quantity of scrap-iron, valued at £I,' the property of tho New Zealand Government. It was stated by the police that there were a largo number of previous convictions against accused, ranging from manslaughter to slygrog selling.