MAGISTERIAL.

Lyttelton Times, Volume XLIII, Issue 4452, 21 May 1875, Page 3

MAGISTERIAL.

CHRISTCHURCH. Wednesday, May 19.

(Before GK L. Hellish, Esq., R.M.)., ~, Fraudulently Procuring a Certificate.—B. Mainwaring-Johnson was brought up, charged under Jtfie Land Transfer Act, with having assisted m fraudulently procuring a certificate ol title for certain land; by knowingly misleading the person authorised to demand and receive information in respect to tide under the Act. As prisoner had only just been arrested, he was, on the application of Chief Detective Beast,’, remanded, .unlit Wednesday next, bail being - accepted of prisoner in £2OO, and one. surety of a. like amount. Thursday,; Max; 2Q. The Court opened at four minutes'past 11 o’clock. Drunkenness and Resisting the Police.— John Thomas was fined 10s. Unregistered Dogs.' Robert Crooke, Henry Cpeper, Fanny Franklyn, and Robert Wilson were each fined 20s. Chimney onPirb.-J’. Inne, who admitted to haying negligently permitted the chimney of his house in Lyttelton street to get on fire, was fined 10s. Horses and Cattle Trespassing.— James Swish, John Tailor/and Janies Chambers were each fined 5s for, permitting horses and cattle to trespass on public thoroughfares. Neglecting to Reef a Light Burning. —William Prudhoe and William Henry Cooper, for having neglected to keep a light burning, between sunset and sunrise, on certain road material left by them bn a public thoroughfare, were fined 10s. Obscene Language.— Bliza Bray was proved to have made use pf obscene language within bearing of .a public thoroughfare. Accused admitted the offence, but pleaded that it was caused by finding a woman of illfame in the house with her husband when she went home. A toe of 10s was imposed. Air ault,— William Bof liter was summoned for having '.if.: Dickenson at bis shop bh the Whateley road. The case was of a trivial 'character; and it appeared from complainant’s witnesses that accused prior to the assault had complained of Dickenson being cheeky. His Worship dis-

qairedkeepißginordM l . - - into a Tbaih while inMotion. —SemyPhilipi, for having at the Christchurch itatioh got thMflpT carriage window into a carriage forming part of the South train while in motion, wap fined 10*. Ko Lights on kfs ’ Cab. Andrew M'laggart wae charged with haring neglected to keep two light* burning on hi* cab after sunset on May 6. Constable Hughe* proved the offence. Accused Contended that it wm a private vehicle he tras driving on the.occasion referred to. His Worship (aid he wpawiti*fled from, the evidence that the by-law had been coutravened, and accused would be fined10*. , j Runaway.— Henry Duprfi was charge® with having neglected to remain sufficiently l : near to hi* horse. and trap to have prop#--control, over them. Accused said. navnij accidentally out bis hand, he went into the A 1 Hotel to get it bound up, and while 1 absent from his horse loft, it in charge of a man, who unintentionally, let it go away. The case was dismissed.—James Willis, for having ■ neglected to remain sufficiently near his horse and trap to ijavp proper control over them, Was fined 10s.—William Svens, for a similar offence, was'also fined 10s. . Plying nob Licenses.— John Miller, who did not answer to his name, was charged with having plied for hire with a cab in Christchurch without the same being licensed under the city by-laws. Dr Foster, City Solicitor, appeared to support the information'. Sergeant Wilson proved the case. A fine of 10s was imposed.—A case against Thomas Goodyer was withdrawn, as.be had taken out a license since the information was ■ laid.—James Reid, John Dalwood, James Kearney, Hans Clarke, Samuel Thomas were Night Soil. —David Woodcock was charged - with-having conveyed night soil along a public thoroughfare at Avonside during proscribed hours. . Constable yPatt said on the morning of tlgg'day named ih the information he saw ‘ accused and sohie others driving three night - 'Soil' carts along the Avonside road towardsChristchurch, and on inspecting accused’s cart ' he found a bucketful! ofnight soil in it, while : the carts shonld have been clean. Sergeant Pratt .said there were frequent complaints ftbm Arohtide of matters of this kind. Ac- _ .oused-called a witness, who said, after the constable had examined the carts he said they * - were ali clean.’''.Afineof lOs was imposed. \ Clarke and Elizabeth •' by Constable Morrice, and prove j iohave no visible means of support, -We brought up .on a charge of vagrancy. The male prisoner said he had been working ■ . up-to-three weeks ago, and had both money , and food in his possession. The female ’ who seemed to have been leading a vagrant life for a' considerable time past, was sentenced to twelve months’ imprisonment with hard labour, but the male prisoner was ■ dismissed with a caution, his Worship remarking that prisoner had evidently only just gone ■to the bad, and it- was to be hoped' he would reform at once. He could easily get work if he tried, but if he should find any difficulty in doing so, he (his Worship) would give him a start.

Neglecting to Cancel a Receipt Stamp, —James W. Gray was summoned for having neglected to cancel a stamp affixed by him to a receipt given, to Fredk. Favitt, who stated that on March 16 he paid £IO to defendant, who gave him a receipt with a stamp affixed. Witness did not observe at the time that the stamp had not been cancelled, but noticed it afterwards. Mr Harper, who appeared, for the defence, said he admitted the Charge, but said there was no penalty for not cancelling a receipt stamp. A penalty was providedfor not affixing a stamp to a receipt, bat there was nothing of the kind affeotihg oaseii where a person proof of this he referred the Bench to clauses 14 and 27 of the Stamp Act, 1872, and to the schedule referring to the same. His Worship pointed out that clause 17 of ' the Act of 1886 provided for a penalty of £lO in the case of any person neglecting to cancel a stamp. Mr Harper said the oluasa he had referred, to were of subeequent.date.to that mentioned by the Bench, and their effect was to override it. If, however,'the Bench were willing to let the matter stand over for consideration be would be glad to do eo. His Worship decided toodopt this course, and tha-.matter wae therefore aojowaad. . .Embezzlement;—Frederick Favift, late steward to the" Ohnroh Property Trustees was brought up on remand charged with embezzlement. There was one new information against him for the embezzlement of £161016s lid from the Christ’s College fund. Mr Q. Harper appeared to prosecute, Mr Joynt appeared for the' defence. The Rev Canon Willock, called, said .* I am a fellow, and bursar, or treasurer, of Christ’s College. Christ's College is constituted a corporate body under;ah.Ordinance; of the Provincial Council, Session 4, No. 4, called The Christ’s College Ordinance. Prisoner was appointed stewed of the 4 College estate on Feb. 13,1866. Hi* remuneration at that time wes £SO per annum. During the last half-year he was paid at. ..a higher rate .per year. 1 was appointed bursar of the College on Sept. 17> 1874. Prisoner was steward of the College at that time. His duties were to receive all rents, fees, and other monies due to the College, and to pay them into the College accounts at the Union Bank of Australia. This account' was operated upon by money cheques countersigned by Canon Ootterill. Daring the time I have been bursar 1 never gave prisoner; authority to pay monies oat of the College account in cash. Prisoner kept a cash-book, rent roll, and ledger in connection with the College account. There are two accounts. No. 1 account is for all the ordinary receipts for rents and fees. I produce the cash-book con-> nected with account No. 1. The last balance, in this hook was struck Dec. 31,1874. Prisoner has charged himself in the book with having received since that date £1296 18s 8d up to April 27. Ail the . antries arc in prisoner’s hand writing. During the same period he has credited himself with disbarsements to the amount of £298 2s. The deficiency therefore appearing in the cash-book on April 27, is : £998 15s Bd.‘There it a Bank book in connection with this (No 1) account. I produce; it. Prisoner has credited himself in it with; paying £298 2s into; the Bank since Jan.' 1,1875. There are several other payments which appear in the Bank-book to have been paid into the Bank during the same period, but they were rOaUy paid in during the latter part of last year. 1 produce the cash-book belonging to No- 2 account. The balance in this book was struck on Deo. 31, 1874. Prisoner charges himself with the receipt of £593 6s 5d from that date up to April 28,and I do not see any disbursements entered up., I produce the Bank-book connected with No, 2 account. As in the other hook, there are two entries, at dates daring the present year, but they correspond with the payments of last year. There are no paymehts into the Bank of receipts during this year. 1 first began to investigate the accounts on April 28. 1 investigated them because Canon Cotterill being anxious about another account, 1 went to the Bishop and asked him to apply for the balances to prisoner On the following day not receiving those balances, I went and obtained the balances from the Bank. This was on April 29. On the following day I examined the accounts with Mr Ootterill. I made out a statement of the apparent differences in these two accounts, and in the ■ Diocesan and Bishopric accounts. 1 took this statement to the Bishop, and asked him to apply to prisoner for an explanation, .Oh May 1,1 received from the Bishop the keys of the safe in prisoner’s charge, and of his cashbook. I went to prisoner’s house on May 3 with the Bishop in consequence of a message from prisoner, received through Mr T. Favitt I saw the prisoner, who was in bed. He had before this been served with a copy of the statement I hod forwarded to the Bishop and the deficiencies generally were referred to. Prisoner made a statement to the effect that be had very large losses in flax, and went into some details. When asked how so large a sum could have gone, he said that to meet the demands upon him he hod,used some of the money in his possession 1 belonging to the different Church funds. He expressed his; contrition for what he. bad done. It was also the duty of prisoner among other things> i to collect subscriptions to''the. College library. He kept the book prodaeed to record his I

collections in. The sums entered in it, m received from Jen. 18 to April 26, amounts to £lB 14s. That , amount baa .not, to my knowledge been accounted for m._%ny of toe boon, but I have not looked'-in the ledger. On a subsequent occasion, May 4,1 again saw prisoner, and by direction of the trustees, who were sitting onoe more, asked him what had become of the money, and he repeated that it had all gone in flax. Edwin Fowler called, said ; lam an accountant, and have been employed by the College autho rities to investigate the accounts of the College estate. ' I have examined the cash-books and Bank-books of Nos. 1 and

2 accounts. In the cash-book of No, I.account there is a credit balance on April 27 of £390 6s 9s, but there are cheques not entered in the book amounting to £B4B 4s 3d. This would give a debit balance of £457 17s 6d. On referring to the Bank-book, I find a debit balance of £lll2 10s 3d, and cheques not (presented, £314 3s 7d, giving a total debit qalanoeof£l4s6l3slOd. Then there would have , ; ;tp ybe .accounted for in this account some dmhunts collected on account of the collegelibrary amounting to £lB 14s, which would m&ke a debit balance on No 1 account of £lOl7 10s 4d. In No 2 account the balance os per cash-book on December 31, 1874, is £lOl4 9s Bd. There is an amount of £33 17s 6d to be deducted from this, leaving a of £9BO 12s 2d. The cash received since December 81 is £596 6s sd. On the other side came a number of cheques, amounting to £2BB 10s 9d, giving a credit balance of £1285 7s lOd. The Bank-book shows a credit balance of - £694 12s 9d, or less a cheque not presented,. for £2 11s 4d, £692 Is sd, leaving a deficiency on this accountof £593 2s sd; the total deficit on the two accounts being £161016s 9d. Mr Harper said that closed the evidence in this case for the prosecution. The. evidence in all the cases was then read over, and the usual caution in each case’was administered to prisoner. Prisoner in each instance replied that had pbthjng to say, and he was then formally committed to take his trial at the next session of the Supreme Court on all charges. Mr Joynt asked if the Bench would accept bail for his client’s appearance at the Supreme Court, and said the same sureties as before (Messrs Twentyman and Hey wood) were willing to act again. His Worship agreed to accept the same sureties as before, viz., prisoner in £I2OO, and two others in £6OO each.

..Ciyx,i Cases.— Alfred Berry y. J.Watspn; claim £2 2s 6d. Judgment by default for amount claimed With costs, 9a.—Same v. C. J. Dunnage; claim £4 17a. Judgment for £2 la 6d and coats, lie.—KaUrariwa (Maori) y. J. Kearney; ' claim £5 6s. Judgment for amount claimed with costa, 13a.—City Council v. E. Symonds; claim £ll9s 7d. Judgment by default for amount claimed with costa, 9a. Same v. F. Adams ; claim £2 7a 6d. Judgment by default for amount claimed with costa, 9s.—A. H. Lancaster y.. M. Welsh; claim £5 10s. Judgment for amount claimed with coats, 13s. 8. A. Patrick v, Cl. Barrett; claim £6 5s ; tendered 7a 6d. Judgment for amount tendered, plaintiff to pay costa, 13s.— Same y. W. Booth; claim £1 10a. Judgment ifor defendant with costa, 9a. Same y. D. Mitchelson; claim 7s 6d. Judgment for amount claimed with costs, 9a.—Same v. H. Dupree; claim £1 7s 6d. .Judgment for i amount claimed with coats, 9s.—Same v. H. Cook; claim £3. Judgment for amount claimed with costs, 13s.—City Council v. J. O’Brien ; claim £2 18a 7d. Judgment for amount claimed with costs, 9a.

LYTTELTON. (Before W. Donald, Esq., 8.M.) Dettnk.— James M'Henry, arrested by Constable Beck for this offence, was dismissed with a severe caution.

Labcbny. —William Pinch, a sailor on board the ship Cicero, was brought up on this charge, and Was remanded until Saturday. Assault. —James Kerr was charged by Isabella Williams with this offence. After hearing the evidence of witnesses, and hearing MrNalder, the Bench fined the accused 10s and costs.

Civil Oases.— Payne v. Pearce, claim £3 4s; Mr Thomas appeared for the plaintiff, and Mr H. N. Nalder for defendant ; judgment for defendant with costs 30s, and solicitor’s fee £2 2s.

OXFOBD. Wednesday, Mat 19.

(Bpfore 0. Whitoloord, Km., %H., fud J.R Ooiton*. E»q.)

Dbwkk, Making ttsb op Obboskb Law. GUAGB, AND BbSISTING THI POLICE.—Thos. alias Harry Bloomfield, arrested by Constable Cunningham, on Monday night, was fined 30s and. 10b costs. Bbeach of' Pontes Ordinance. —Charles Webster, three oases, fined 30sand costs 10s. — W. Comrie, fined 10s.

Bebach op Stage Oabbiage Oedinance. —John Olphert and William Paget, for plying for hire from Oxford to the Eacecourse on the day of the races. Both coses were dismissed.

Bbeaoh of Cattle Oedinance. —J. R. Pearson, fined 6s and costs. Slau ohtebin g Licenses. Slaughterhouse licenses were granted to J. B. Gorton, A. Rainey, A. Moderate, and John Pawson.

Civil Oases.—Wilson v. Oxford Road Board. This was a case which was adjourned last Court day until further evidence could be had on the subject. The Bench stated that it was not within the jurisdiction of the Court. The. case would therefore be dismissed.— Wilson v. Meredith, claim £9 10. This was a claim for keeping a ditch clean between plaintiff’s and defendant’s land. Judgment was given for defendant.