RESIDENT MAGISTRATE'S COURT.

Manawatu Herald, Volume i, Issue 51, 21 February 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

FOXTON

Wednesday, February 19. (Before R. Ward, Esq., 8.M.) STEALING A CHEQUE.

William Langley, of Otaki, was charged upon the information of Te Whiu, a Maori, wiih having stolea a cheque of the value of £10 on or about the 20th January, 1879.

Mr Staite ippeared for tho defence, and Constublo Purcell prosecuted on behalf of the Crown.

Constable Puroell stated an important witness waa absent, and he might need a

remand

Tc Whiu, the complaintnt, deposed as follows :— 1 reside at Otaki ; I know Langley; on the % 2Oth January, I was in possession of 11 cheque for A'lO, made out by William Smith, to me ; it wa3 dated January 20th ; I was in Langley'a house on that day ; I went thero ou busiuess, to sec him regarding his 'vbrako*' ; I was m posession of the cheque when in Langley'a house ; the money was in my pocket ; I took £20 out of my pocket); it was the oheque in question and two £5 dotes ; I was under the influence of drink at the time ; I left the house at 7 p.m. ; I missed the cheque the following morning (Tuesday) ; on the following Thursday I went to Langley and others at Otaki and told them I had lost the oheque; lacked him if I had cashed a cheque with him ; he replied " No ;" Lingley told me he hod not seen it, but he said he sa«v mo on the day in question feel in my pocket for money ; I told Langley who had signed the cheque, and what was the amount ; I did not part with the chequo ; when I lost the oheque 1 went to Mr Smith and told him ; this was after my conversation with Langley ; I did not report my loss to the Otaki Go&stable at the time ; afterwards I went to him ; I can't remember the date, but it was after I had seen Langley. By Mr Staito — I lost no moaey, but the cheque ; they were mixel together j I dou't understand how I lost the choqie, but not the note 3 ; 1 Mreu 1 : nowhere after leaving Lungley's, but to my home ; i went home alone; I only was living there, my tfifo boing a\Tay ; thero was somo ono witU me when I wont to Langley' s ; the person who, went with me was not prosont when I showed the money to Langley ; I produced the money to show I could pay for the brake ; I opened them out, so that Lonsjley could see them, but did not hand the money to him ; I did not go to Langley directly I found the money was lost, because I thought it would not matter; I discovered my loss at 5 o'clock on the Tuesday morning ; I droppod the cheque in Lnngley's house ; I con* elude I did so. because it was found in Langloy's possession ; Ido not know all I did that day ; I returned from Purntawhao on Wednesday evening ; I saw Langley on several occasions afterwards, and asked him about the cheque, as I was anxious. (The witness theu related at length his conversation with Langley.) William Smith, a storekeeper residing at Otak:, deposed — I know To Whiu ;on Jauuary 20. 1 paid him a cheque for £10 for oats and beans ; tho chequo produced is that I gavo Te Whiu,; two or three days after To Wniu came to me, and said he hud lost tho cheque ; ho wanted another, but I would not give him one ; I sent my passbook to tho Bank of New Zealand at Foston, and askod them to return it at onco ; it cam) buck about tho 26th or following day ; then I found tho ohequo had been paid on the 25th. Mr Slaite hero admitted that tho chequo in qucatiou had been paid in to defendant's account. Examination continued — I afterwardi naw To Whiu, and told him the cheque bad been cashed. By Mr Staite —Te Whiu did not tell me where he had lost the cheque; he did

uot say he lost it at iMlfthfff 1 I am net quite sure of the dny Te Wliitf told me of his lost, but I am sure it was not more tlwn four days after ; I believe it *'» Wedue<d»j, but will not gwear ; h« never told me where he thought he had lost it ; he nover told me he thought it Was stolen ; I do not know if Langley ever cashed a cheque signed by me; in Otiki, my cheques are often ctslied. By Constable Purcell— lf a cheque is on Wellington or Foxton, I charge no discount ; but if on Napier, or any distant place, I charge 6d.

Te Wiiiu, recalled, identified the cheque. J. N. Flower, agent of the Bunk of New Zealand at Foxton, deposed — I produce a cheque marked A j it came into my possession <ts a remittance from Wellington ; lam informed it was paid in at Wellington to Langley's account ; the amount was debited to Sir Smith ; lam informed it was paid by, and credited to Mr W. L*ngley. James Cootes, constable at Otaki, deposed — About the latter end of January last I heard of a ohequt being lost by Te Whiu; I waited for complainant to come to me; he came to me the first -week in February: I went to Langley's with him ; I asked liangley if he saw anything of a oheque drawn by William Smith ; Lapgley said a native took it to him and he cashed it ; I then asked if he got the Maori to put his name on the back ; he said he forgot to do that ; I can't swear what date he said he cashed it ; I believe he said it was the 20th or 22nd; £ asked him if he would swear to the Maori if I brought him — he having previously described him ; he said "Ko."

This closed the case for the prosecution. Mr Staite addressed the Court for the defence. _ Ho said it was the second occasion upon which Mr Langley had been required to answor a criminal charge. Upon the first occasion it had broken down. But the police seemed to look upon his client as « target for their arrow*, and lie presumed the present course would bo continued unlit Langlej was driven away from the district* The present was one of three charges to bo heard that day. Ho presumed the idea of the police was that if they threw plenty of mud, some of it was sure to stick. No element of fraud had boen shown in this case. Supposing evon enough existed to create a suspicion, that was not sufficient to warrant a committal upon n charge of stealing £10. The cheque had been traced, not by the vigilance of the police, but by the admission of the accused. No evidence had been brought forward to prove the theft, and it was certain To Whiu would not have allowed Langloy to take tho money openly out of his pocket. The whole of tho facts were consistent with Langley's statement, that the cheque wa» cashed by him for a native. Ho askei for an acquittal. His* Worship said the evidence went to show the cheque was missed, and was next fnund paid in to Lnnglev's account. His duty was simply to decide if there was a prima facie case. He thought there was a casa for tho jury. Prisoner, atter being duly cautioned, made tho following statement: — I believe the cheque in question is. the one I cashed; I have cashed many .before ; and when the constable asked me if I could identify tho native, I told him I, thought I could ; and the natives also asked me if I could identify the native it they brought him; I told thorn I thought 1 could ; I gave a (Woription of th» man, and his dress ; the man who lost the cheque said by the description lie felt certain it was a Manawalu native ; Te Whiu said in the presence of Mr* Langley the man had said he had picked, up the Chinaman's cheque, and ho hod got of money now, whereas he Had none before. That is all I have to say. ' ■ '■[ Mr Staite applied for an adjournment, to produce Mrs Langley, who was ill in bed. He would .submit to his Worship's ruling whether a wife could give evidence iv the case. Constable Purcell — Your Worship, it has been ruled in tin's Court that the wife can not give evidence in such a ease. Mr Staite [warmly] —Will Constable Purcell hold his tongue ? His Worship— Constable Parcel!, this is a matter requiring professional knowledge, and as you aro uot an expert, you cannot address the Court regarding it. Mr Staite — Ho has no right to appear herb at all if I chose to object. His Worship rulod that Mrs Langley's evidence was not admissible. The Court felt ib had no option but to. leave the case to a jury, and the prisoner was committed for trial at the next sitting* of the {Supreme Court, bail being allowed— prisoner in £50, and two sureties in £50 each. • Mr Staite (to Lan^ley) — Can you find sureties? Langley — I didn't thiuk it would come to that. His Worship allowed Langley until four o'clock to find sureties. The Court then adjourned until 2 p.m. Tho Court resumed at 2 p.m. SLY OEOO SELLING. William langley wa9 charged, upon tho information of Constable Cootes, wish having committed a breach of thoLicensiftg Act, in having sold liquor on FebruarylO, being himself unlicensed. . : : s I Constable Cootes deposed:-— I know Langley; on the evening of February 10 I went with 3. Cook into Langley's house ; Cook called for a glass of brandy, I called for a glass of beer; Langley poured out the liquor, and tho tnoney — a shilling — was paid to him by Cook ; we drank tho liquor, and stayed about ten minutes ; next day I laid an information. ■

Cross-examined by Mr Staifce— l hare been told there is no Working Men's Club now at Otaki ;^I gave Cook the shilling to par for the drinks ; he had been a member of the Club before January ; he is in my employ as a laborer ; I gave the money to Cook because I thought I would not get the drinks ; I gave it to Cook because he was a preriou9 member, nnd I thought he would be likely to be supplied. rianucl Cook, a laborer residing at Otaki, deposed— Ou the 10th February I accompanied Coutes to the house of Langley ; I called for. a glass of beer and a glas# of brandy, uud paid la for the liquor; I am a member of the Working Men't Cliib, and was on that duy ; 1 know nothing of the club being suspended. Cross-examined by Mr Staite — Constable Cootes lent me Is to pay for the drinks ; I produce a card of membership for the club. By the Court— l got tha card lost Saturday ; William ITdy is President of the club, And John Knocks is secretary ; Lung, ley v steward of the club; I do not know whother Langley has been suspended; I conkidor myself Htill a member; the subscriptions are paid at the ond of oaoh month; tho Preridenc was not in Otaki at the time. I reoeired the card; I do not know tiuit the Club has become defunct.

G-eoifroy Eager, si laborer residing at Otaki, imposed — I attondod a meeting of the Committee of the Working Map's Club at Ottfki, at the latter cud of December ; the steward was suspended ; the Club was not carried on to the satisfaction of the Committee and we detufrained to reorganise it ; Ido not know if ho is still suspended ; as a Oommhteeinau, I consider Langley would not bo justified in soiling spirituous liquors ; the Club has not boeu reconstructed to my knowledge since, though meetings of the Committee hare sinoo been held. <■ ■

Cross oxamiued by Mr State —t am still

a Committeeman ; I cannot swear Mr Lanj* lev's suspension had been removed. By ' the Court — When Langley wa» suspended the stock belonging to the Club wai'left in his charge. The < 'ommittee have not kept minutes, as the secretary did not attend the meetings ; the only difference between the Hotels and the Club is, that yon jpay 6d at the Club, for a pint of beer, and 9d at the Hotel ; a member could introdttoe a friend ; a roll of members were kept ; I cannot swear who owns the stook, whether Langley or the Club. George Bell, a carrier residing at Otaki, deposed-— Langley was suspended by the Committee before Christmas ; five men- bers were present ; Langley was steward ; he was suspended sine die because the Club was not working to our satisfaction ; one meeting has been held since but no better foundation Las since been laid ; I wait not present ; I d« not know if the liquor was removed when Langley was suspended ; 1 believe the stock-in-trade belongs to the Club ; the last meeting of the Club I attended was about a week after Langley was suspended ; a meeting was called for last Friday. Cross-examined by Mr Staite— There are seven members on the Committee; Udy, the President, told Langley he was suspended until the Club was placed upon a good foundation ; lam still a member; I have had liquor since at the houpe. Mr State ably defended the accused. He dwelt very strongly upon the notion of Constable Cootee, in actiug as en informer, j The defence was, that the liquor was sold to a member of the Club, and that the member of the Club in question took a friend with him. !

Bia Worship said the Court required evidence as to whether J4r Lanjley had been reinstated as steward.

For the defenco, Mr Staite called John Anthony Knocks, who deposed— I am Secretary of ihe Club; the Club is still in existence? I believe Langley is still steward;

Cross-examined by Constable Purcell— Since December I attended no meeting of the Club, at which Langley was reinstated, I attended a Club meetiug last week; no appointments were made, 1 don't know who owns the stock in trado ; all I know is the steward supplies it ; no dividends have been declared since I became Secretary } I don't know who gets the profits ; I only kuow from hearsay that the Club W4S discontinued ; this is my account of receipts from members; I never took minutes of meetings, as I never caw anything to render it neees9ury. A slight scene here ensued, owincr to Mr Staite remarking that the Bench was wasting time, unnecessarily. By Mr >taite — I do not think part of the Committee has power to suspend the steward, without consulting the others. The case was dismissed, as the Court con sidered the Club was still in existence, A further information laid against Langley, on a similar charge, was withdrawn." CIVIL CASES. Crowther v. Ronicles — Claim £3 17s. Defendant wished to put in a set-off of £1, for tending a sick horse. Judgment by consent. The defendant vras advised to sue plaintiff for £1. Same v. Proctor— Claim 35 103. There was no appearance of defendant. ' The Cierk to the Court said ' defendant was away, and bis wife had sent him 10s off the account, and promised to pay a similar amount each fortnight. Plaintiff refused to .accept anything less than 10s per week. Judgment for amount and costs, ss, to be paid in one month.' Same v. Jack Batna— -Claim £5 15s. Defendant accepted the account, but disputed the interest charged. Judgment for amount and costs.

The Court then adjourned.