DISTRICT COURT, REEFTON.

Inangahua Times, Volume V, Issue 33, 13 February 1878, Page 2

DISTRICT COURT, REEFTON.

, • , * — — — TITKKMY. 12TII l.t'BUnUAttY, 1878, (Hcforc His Honor Judgo Woston.) Latiokny as a JUit/tck. William Clarlco, ex-.poliooman, Ahaura,. was charged on info»*mntion with tho larceny of a S'ini of .£.3. lh-o property of TCnooh Orchard and Henry Sullivan, butchers, Napoloon TTill. Mr K^id, instructocl by Mr fioutl), nnpoarod fio prosccuto on bohalf of tho Orown, . nnd 'Mv Guinness conduofcod tho do f, moo, Tho prisoner pioudcd " Not Guilty." Tho following jury vvns Ihon sworn; — 7'homns Daoholor, Thomas Cuvcl', Jnmos Dao, ,Jnhn Aloxnnder, .TamoH Trohill, John Sftuiulors, 11, Dash, J. B; Walsli, P. J, Armstrong, Charles Cohen, 0. Mnco, Charlos Kolly,, Mr G'olion w.i 3 chosci: foromnn, . Somo (lidlouHy occurred 1 ov/Uig to ' r io faft of tho number of ohajlonqos on oach siflo having exhnnstetl t.ho jury list Word tho rcquioito number of jurors had tiilccn thoir soivls, bub tho mnttoj was eventually sotllod by both sidos nprcoing to accept, tho first ntimo drawn from thoao pvc« vidusly ordorod to stand by, Mr lleid Imv'mg ononpd Ihc caao for, tho

Crown, tho following oyidonco was called. Ehoch Orchard— l am a butchor carrying on business at Orwoll Creole, Grey Valley, I recollect 2Gth October last, and wa.i in business partnership with „nenry Sullivan. Wo commoncod busi« noss on tho 2itli Ootohor 1877. Wo havo no UooDSe, About that dato X appliod at Aliaura for a business license-. I saw Constnblo Olarko, tho prisonor, and ap* pliod to him for a businoss lieonso. I thought ho was a proper person to apply to. I applied fox a six months' lioonso, and paid him three JSI bank notoa. JL rehim to tako out ft businoss liconso for mc* nnd ho wad to give it to mo whon I onmo down again* Ho said ho would; Had proviously obtained lietnsoa from polioo constables. About a fortnight or throo'WOob later wr.a in tho Ahaura and saw Clnrko in tHo polioo station and naked him for tho buainoss lioonsn. Ho said ho had taken it out, anil oommoncod to soaroh somo papors on tho table for tho lioonso. Ho did not iind it, nnd I aaid X was not in a hurry so long a,s I know that tho lioenso hud been tnkou out. I then loft him and about a fortnight after again saw him at Alvaum and" naked him if ho had found it* nod. ho «ni<l Ko had -not, I Hum naked him for a receipt to show that I had paid for a liconse,. Ho said ho would writo it out and givo ib to mo, bin I waited for about hal^an-hour t and ho did not givo it to mo. Met him on tho same d«y» and ho promised to bring tho receipt to mo that day to tlio cattlo yarda. Kaw prisonor.ngainon tho 17th Docombor at Orwell Creole Spoko to him and rl«« maurlod a business lioonso, and he guvo mo tho documonfc produced. Bid not subsequently apply to, him, but on tho 2,ith of tho present year my partiwr r*turned from Ahaura, nnd on tho following day prisoner wns arrostod I did noi cwo prisoner any moaoyl Have nc-ver receuo-1 a businoss 1100 so from prisoner for iho £3i nor havo I received Iho nvmoy back or any satisfactory account of it. Croas.Mexaminod by Mr Guinnoss — PriHonor was to givo mo tho business license. With tho money I gavo him, ho was to tako out a business liconso in tho names of Orchard nnd (Sullivan.. It is a customary tiling to go. to uuiiNtables for liceixsos. I don't know why I weut to tlio canßt.nhlo fortlie license. I knew lhat ko was in (ho habit of taking out, iiooftuos. J.'eojilo have told me that, lliey have- paid money to .prisoner for liuenuos, Doiv't think I haveovoi 1 soon prisoner acting as Warden's Clerk at Ahaura. Iv vvas in tlio foronoon whon I gavo prisoner tlio money, and, iv the polioo camp . Did not tsy tuo Warden's oflioo us tho proper plaoo to obtain, lioe.ii.sos. Took ont licenses previously nnd obtained them from, rfergoani May berry. I don't know lhat Maybcrrjr was Cleric of tho. Court, I told Clark at tho timo that thoro was a liusinoHa lioonse in oxistenoo for th.o placo, but, £ did not know when it would expire. Never told Clnrko that ho oould obtain tho rlnto of tho lieonso in quostion from , the booka at tho Court House. It wna possible for' Clnrko by looking at tho books to ascertain when tlio current lioonso would expire, Clark did not sny to my knowledge that I should not take out (mother lieonsd until tlio former ono cxpirod. I aakod Clark whether I could carry on business with the lieonso then current and ho «nid it would bo tho safest to tdko out another. Atn not awnro that n business liocnso- cannot bo made out in the name of two persons. I am certain that Clni'lco told mo that ho had takon tho lioonso out. I saw Clarlco four times bo« twoeu giving him tho money nnd his arrest. I believe prisoner was arrested beloro I signed any warrant. Have known Clnrko for some lime ho haa always borno a good character. Ho was not arrested on my information. Jicoxamined— ll obtained tho recoipt in Docember, nnd ho was iuTpstod in Jan» unry.. I did uot; demand . I ho money back from prisoner bocauso 1 thought he had tnken out tlio license, nnd would find it.. Honry 3ullivnn — I am a bulchor, in partnership with last witness at Orwell Creek* Wo commenced businoss on tho 24th Ootohor, Wo havo no business liconse. I novor li))pliod for ono, Havo not vooeived ono from conslablo Cjarkn. Ho Inn: :\over spoken to mo nbout, it. Ifavo rover hood a business lioonso for our promises. John M'Mvnn— I nm ImilifF of tho Kofiident Magistrate's Court Ahaura. T T p to Iho SOllvof November last I was Gold Keeoivor nfc Ahnurn. May havo been absent Trom Ihoollloo a day o.- so botwoen Oclobor ond Navcmbor. Hnd solo chargo of tho books of tho ofllco between Ist Ootober and 30th Novombor, and botwoon lihoso dales received no monoy (Voni ICnooh Orchard for a lioonso. I hnvo mado no on try in tho businoss liconso book for a lioenso f.T Orchard und Sullivan.. Oa the HOI h Novombor fcho books pnssod into tho custody of Mr. Kollihg my suooossor. Conslublo C'nrko was not Koooivor of liovonuo from tho 12th Ootober to 18th Janunry last. It wns not his businoss to issuo businoss licenses. To my knowlcdgo ho never issuod a businoss liconso during Hie dalo named. Business lioonses for tho- South Wosfc Goldfiok'.a aro issued a> Cohen, Nelson Crook, Ahaura Jlooflon, Charleston, Westport, and LyolU Between 24th October and January prisonor wns engaged as constablo at Ahaurn, His duties required him to bo absent from Iho station occasionally. I bolicvo businoss licenses havo been issuod in tho ttrtiaos oi two pcruon*,, but I cuu't rcotol 1 *

lect cvor having 80 issued thorn. If s° appliod to I might possibly havo issuod a licmiso in suoh a manner. lUvo known Constnblo Clarfco sinoo WO. Ho haa boon in tho Nolson forof during fcbnt poriotU and to m; knowlodgo has borne tho best character as to honostny and straightforward noss. in his dealing. Ko-cxamincd-Lattorly it waa prisoners duty to ascot-tain that, hnsinos* lioonsos nro taken out whon by law mpirod. Ernost 0. Kolling-I nmj Hoooiver of Gold lioronuo nt Ahanra, I took over tho rocorda of tha offico about tho 22nd November last, and commenced duty on tho 30th of that month. I produco a list of all buainoss Hocuses issuod at Ahnrau. As a matter of fact no btwinosa liconso has boon issuod by mo to Orchard and Sullivan sinoo 30th November, and I find no rooord in tho books of a liconso having boon proviously grantod ta tho poraona named. Thoro is no ontey of £3 in tho hooks fo* a lioonso to Orchard and SuU livan. , * Crosa-oxnminod— U ono timo oonstahlo Clnrko was lloooivcr of Gold Kcvcnuo at No Town. I ennnot say whether ho has resigned tlwt appointment. I would, if requosted, i«auo a licenso in tho namca of two persons. fto-oxamMiodh*.! havo recoivod monoy from Constable Clartto for a business liconse. It wna about tho Bth or !>fh of January. It was paid on account of Fredorick Gosslintr. A business liconso takon out at any Warden's olttco on- tho Nolaon South West GoldGolda would oporato at Orwoll Creok, By tho Court— A3 a matter of prnclioo liconsoa am usually nppl'o \ for withi i tho district in which, the parties aro looatod. Orwoll Creole is in, tho. sub-district of Ah aura. O. C. Moellor— • I am Sorgoant of Polieo stationed at Greymouth. I know prisoner and arrested him on iho 25; th January at * Almnra. I told him. ho was charged with larceny' as a bailee of tho sum of £:). l(o Si'iid nothing. As constnblo I hero it was his duly to sco that all business pooplo on tho goldftolda wore in possession of business licenses, . nnd [ sliowod him how to nviko nu,t tho returns. Tins was in Juno or Jul/ kat, This eJcwod tho oaso for tho prosecution.. Mr Hoid and Mr Guinness having briefly ndd rowed the Court, His Honor dlosoly reviowed tho whole of tho evidence. Ho said tho pay mm. tof tho monoy to prisoner was not denied, .neither wna tKo fact that no business liconso was taken out in tho nomo of | Orchard nn.it Sullivan, and it only r>?" mninoil, therefore, for tlio jury to say whether thcro wna a conversion of the money so paid, and whether such oonrorsion was inconsistent with tho bailment. It was next to, impossible to got direct ovidenco- that prisoner notuilly nppro* printed tlio money to his own uso, and tho jury would thoroforo havo to Rather tho faot of tho appropriation from tho wholo of tho sarrouti'tinijs of tho oaso. If psisoner npolied tho monoy to any other purpose than that for which it was entrusted to him then thcro was an undoubted .conversion,, and tho fraud ul out intent followed. Tho jury then robired, ami after an absence of hnlf-nn-hour returned for direction upon ono of two points nftor which they ncain retired, mid two hours' litor returned with v verdict of •* Not Guilty.* His IFonor, addressing tho prisoner anld, William 01 irk, tho jury hnvo nds jurlced you not guilty of tho offence with which you wcro charged, I havo theieforo ro alternntivo but to order your discharge. The jury hnvo taken an ex* tremely merciful view of your case, nn oxtromoly merciful view indood. Howover, it is for them to dotermino your iiuilt or innoconoo, nnd thoy huvo dono so* and yon have tho benefit of the verdict— ai m lho possibly of Hieir doubts. If you did appropriate the money in the t inner charged I can only say it should act. as n warning \o you in future. Directly tho public sprvico is unpaired thorn is- an end (:> |'ll law and order, and no one i* siifo. Am [ have already said, however, i. 1 ; is for mo only to direct llio jury upon the law, nn-1 it, ro-nnins for them to find upon tho (null. You are therefore discharged.