REGINA V. MAYHEW.

Marlborough Daily Times, Volume VIII, Issue 2015, 20 November 1886, Page 3

REGINA V. MAYHEW.

"•"This app'alwas heard at the Appeal Court on Wednesday, before their Honors the Chief Justice, Air Justice Johuston, Mr Justice Richmond, Mr Justice Williams, and Mr Justice Ward. Following is the N Z. Times n port of the case : —This was a Crown ease restrved by his Honor Mr Justice Richmond at the last criminal sittings at Blenheim. I he prisoner was indicted for cm be/./dement, charging him in a first series of counts as a servant of Her Majesty, and in a second series of counts as a co-owner, wi h having, as Captain of the Spring Creek Rifle Corps, embezzled various sums of money, consisting of capitation allowance received from the Government, sums received from members of tbe corps for clothing, and moneys received from the sale of ball tickets. The prisoner was convicted and sentenced to 18 months’ imprisonment on each count, the following questions b.iug reserved for the Court of Appeal. 1. Whether the fraudulent conversions by the prisoner to his own use of the moneys in question was emb-zz'ement within the meaning of section 70 of the Larceny Act, 1867- 2. If not. whether it was embezzlement under section 2 of the Larceny Amendment Act, 1870. The prisoner was unrepresented. The Attorney-General for the Crown argued that the p isoner was a servant of the Queen, Volunter K gulations, 1882 r Volunteer Act, 1881 ; section 27, rule 145. It was his duty to pay the money into the funds of the corps. He was al-o a co-owner as a member of the corps, he money being the properly of the c r s. The prisoner was also a servant of t}ie corps. He >s appoi ted by the corps, apd i* entitled to extra pay in certgij events, which is the same as a salary. The Court reserved judgment.