LAW REPORTS.

Dominion, Volume 6, Issue 1703, 20 March 1913, Page 9

LAW REPORTS.

LOWER COURT.

MISAPPROPRIATED MONEY. CASHIER AND CLERK. Mr. W. G. Riddell, S.M., presided at yesterday's sitting of the Alagistrate's Court. James Moore was charged with misappiopriating certain moneys belonging to the "New Zealand Times" Co., Ltd. Mr. I'. M. Wilford appeared for accused, and Broberg prosecuted., Evidence was given by Alexander Aitkeu (New Zealand and African Steam Ship Co.) regarding payments of £3 10s. Id., J>3 2s. 4d., and a further sum, and by Hermann Focke, of the firm of Castendyck and Focke, as to a, sum of M 10s. Other evidence was given by Arnot John Fernie (cashier for Johnston and Co.), William A. Gordon (Dresden Piano Co.), and Agues M. Aduains (Aulsebrook Co.). Dugpld Stewart, accountant, employed by the "Now Zealand Times" Co., Ltd., said that Moore had been in the employment of the company for about five years. He was the ledger-keeper, and it was his duty to enter nil payments from the cash book in the ledger. During the time that_ Moore was ledger-keeper, Bailey Was cashier. Bailey relieved Moore occasionally, and vice versa, and during those times Moore had the handling of the money. George Henry Dickson, secretary of the "Times?" Co., stated that he had questioned Bailey and Moore on February 17 last, and both admitted the defalcations. According to the list, the defalcations amounted to j£l7o 16s. 5d., less a refund of ,£ls 13s. 6d., which made the net deficiency 2s. lid. This concluded theevidence for the prosecution. The'defendant then said he desired to call one witness, a Mr. Thompson. Thomas Fisher Thompson, in reply to Mr. Wilford, said that he was lessee of the Government refreshment rcoms at Kaitoke and at Paekakariki. He had known, accused (Moore) for about seven years. Moore used to visit witness nearly every wtfek end. Some time ago he came to.witness, and" said that he was in great trouble, and that he required the sum of «ClO3. For friendship's sake witness lent him the money. Witness subsequently heard that a majority of the money had been lost by a man called Bailey. If the Court would give accused a chance, witness would guarantee to pay back the full sjriount of the defalcations at the rate of-10s. per week. Accused pleaded guilty, and was committed to -the Supreme Court for sentence.' A similar charge of misappropriation of moneys belonging to the "New Zealand Times" Co.. Ltd., , was inferred against Herbert Gregory B.ailey. Mr. Percy Jackson appeared for the accused, and the chief detective prosecuted. Accused pleaded guilty, and was.com-. mitted to the Supreme Court'for sentence.

CHARGE OF FALSE SWEARING. A charge of perjury was preferred against George Williams. The charge stilted that at a certain judicial proceeding held at tile Wellington Magistrate's Court >hc swore that ho was not present at No, 12. Martin Street on March 5, whereas in truth and in fact, he was. Margaret M'Ewan stated that on March 5. defendant was in No. 12 Martin Street, with his wife, a constable, and witness. Constable George Lambert stated that he knew the accused. On March. 5 ho went round to No. 12 Martin Street as he had been informed thnt there was a "row" there. He knocked at the back door, which was opened by defendant Williams. The accused slated in evidence that, he was a carter by occupation and resided at No. 12 Martin Street. He remembered being .asked on his oath whether he was nt No. .12 Martin Street on March 5,' when he was charged .with assault; and lie replied that he was not. He was there, however, on the following day, March G. His Worship said that ho was not nrep/ired to discharge the accused. • It was ai 'case for a jury- to decide. -i-"-"Accused was accordingly committed to the Supremo Court'for trial. Bail was allowed in the sum of .£2O or two sutctifcs of .£lO each. '

THEFT ON S.S; MAORI. John O'Keefe, who had a long list of past convictions, left Lvtteltou on Tues-'. day night by the s.s. Maori as a steerage passenger for Wellington. At 2 o'clock yesterday morning he was found in the deck enljin of a passenger named Montague. When, asked what he was doing ho ;<■ alleged to have used insulting language, o was taken in charge by, the ship's e/iicers and locked in a cabin. He then b?caiuc violent and considerably damaged a panel in the door. AVhen tile ship arrived in Wellington O'Keefe was handed over to the police. He wis .chawed at the Court veslerda.v with: (1) Using bad language; (2) damaging the panel of a .door valued at 155.; and (3) theft of 7s. in money, the property of Frederick Montague. His Worship sentenced accused to_ U days' imprisonment on the first cliarge. On the second charge lie was ordered to pay the cost'of the damage to the door, and on the third charge was sentenced to one month's imprisonment.

INTFjERTJPTING A PARADE. William .T. llowden, Percy Caintron, and Cyril J. Flaws, senior cadets, were charged with- interrupting the parade of No. 32 Company, of the senior cadets. Mr. P. Jackson reprsssnted the defendants, who entered a plea of not guilty. His 1 Worship said that ho considered these cases were iuinor breaches of discipline, which should, be dealt with at the Drill Hall., He would enter a conviction against the defendants, but he did not propose to impose a penalty. For failing to attend a parade, Bertran Peterson was ordered to pay court costs.

DID NOT PLAY "TWO UP." , Cornelius Murphy was charged with playing "two" up," thereby committing a breach of the Gaming Act. Constable John Pearson said that on Sunday, February IG, as he was going along the Hutt Iload, he saw a crowd of men on the Kaiwarra Eoad. Ho also saw pennies being tossed in the air. Wlion he made his appearance the crowd scattered; and he was only able to catch the defendant. The defendant, in giving evidence, denied that 110 was playilig "two up," but added that ho was standing nearby fixing up his motor-cycle. His Worship said that there appeared to bo sorno doubt about the matter. The case would bo dismissed.

DESERTION. Henry Ferry, a seaman belonging to tho s.s. Star of England, pleaded guilty to a charge of deserting the ship on February 25 last, and was sentenced to one month's imprisonment. BY-LAW CASES. I' Robert Bland and Hugh Murray were cacli fined 55., in default, 21 hours' unprisonment, for driving vehicles after sunset without having lights oh same. . MAINTENANCE ORDERS. For failing to comply with an order for maintenance made by the Court, William Bailey was sentenced to one month's imprisonment. William Bailey was sentenced to one month's imprisonment for failing to comply with a maintenance order for his children in tho Industrial School. Defendant was J!5 -ss. in arrears with his payments. Henry Hinchcliffe was fined 405., in default seven days' imprisonment, for failing to comply with fin order of the Court for the support of his illegitimate child. Defendant, who was in arrears for r months, had been ordered to pay ss. per week. He stated that lie was a married man, nml lmd a wifo and two children, and paid 18s. a week rent.

OTHER POLICE CASES.: Fitzgerald Clnrk, who was charged with assault upon Edward Dohertv on March (i, was further remanded until March 2G. Bail was allowed in the sum of .tlso. Hay Sidon was sentenced to one month's imprisonment for soliciting in a public street. On a similar charge, May M'jntyre was fined 405., in default seven days' imprisonment. I'iliza Hvurcft, charged villi mif-Ijt-liaviour ill n riiy reserve, wn.-, schU'uoml to one mouth's imprisonment.