RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5072, 10 May 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, May 9. (Before R. Beetham, Esq., E.M.) LARCENY. John Glover was charged by Rewi Tipuna with having stolen a shawl and two pocket handkerchiefs, on the Spit on tho 7th inst. The offence 'having been proved, the prisoner was sentenced to two months' imprisonment with hard labor. INDECENT EXPOSURE. John M'Khe was sentenced to 24 hours' imprisonment, with hard labor, for this offence. BREACHES OF MUNICIPAL BYE LAWS. Charles Hambling, an express driver, was charged with not having lights in his express on the night of the 7th inst. Defendant admitted the offence. He was fined 10s and costs. John Franklin, express driver, was charged with having left his express cart unattended in the street on the 4th May, tho wheels not being locked. Fined 10s and costs. LARCENY AS A BAILEE. John Harde Anderson, partner in the lato firm of Anderson and Berry, was brought up, on the information of Christopher David Berry, for having stolen the sum of £120, belonging to the copartnership. Mr Lascelles and Mr Lee appeared for the prosecution. The prisoner was undefended. Mr Liiscolles opened the case, and called Christopher David Berry, of Gisborne, who deposed that defendant and himself had been partners in the Napier swamp contrast. Under the agreement of pavtI nership the cheques were to be signed by j Edward Thomas, the then manager. He i was succedod by Edward Wilkinson. The ; latter and J. H. Anderson were empowered to sign cheques jointly in witness's absence. No payments were made otherwise than by cheque. The firm executed some nlling-in for Colonel Whitmore, for which they were entitled to draw about £120. No payment had been made to the firm or any credit given for any portion of that amount. He (witness) did not authorise prisoner to detain or keep any portion of tho money. Prisoner never informed him of his having received the money, from Mr Bold, who was superintending the work. He never accounted to him in any way for the money. Edward Henry Bold, civil engineer, deposed that he was acting for Colonel Whitmore with respect to filling up some sections. The prisoner was partner in tho firm of Anderson and Berry, who undertook the work. He (witness) paid Anderson on the Bth April the sum of £120 on account of the work. The cheque was in favor of Anderson and Berry, or order. He obtained a receipt (produced) for the money. Peter Henry Bourke, cashier at the Union Bank at Napier, stated that he brought a cheque from the bank for £120 (produced) which he paid to prisoner. Ho paid it in six £20 bank notes. Edward Wilkinson, manager for Anderson and Berry, stated that his duties wore to look after the works and to countersign

sheques paid by the firm, The prisoner used to sign cheques with him. Anderson Left Napier on the 18th April. He did not inform witness, previous to leaving, that he had received any money for the srm. On the Monday after he left Napier witness found out that he had received money from Mr Bold. He got the information from Mr Bold. The money had not been accounted for to the firm. Anderson told witness that he was going to Wellington to see Mr Johnston, who owned some sections in the swamp, and he would try to get a contract for filling them in. He wrote a letter from Wellington bo witness, but made no mention of the money he had received from Mr Bold. Martin Grace, detective in the Armed Constabulary stationed at Auckland, deposed that, in company with Detective Jeffrey, he apprehended prisoner by warrant on Tuesday on board the steamer liotorua, which was lying alongside the Queen-street wharf, in Auckland harbor. The prisoner had in his possession a steerage ticket (produced) addressed William Thompson, passenger from Wellington to Sydney. The warrant was read to prisoner, when he said he was not going to Sydney, and asked the detectives how they knew he was going there. The prisoner was searched at the police station, and the sum of £13 10s in gold was found on him, besides some silver. A draft on the Oriental Bank of Sydney was also found on him, in favor of J. H. Anderson, for £160. It was dated Auckland, 30th April, 1878. By prisoner : On the way to the lockup Detective Jeffrey asked prisoner what about the £200 Mr Berry charged him with stealing. Prisoner replied that he knew nothing about it, and that very little money would be found on him. The prisoner was then committed to take his trial at the next criminal sittings of the Supreme Oourfc at Napier.