INVERCARGILL.

New Zealand Herald, Volume II, Issue 350, 26 December 1864, Page 5

INVERCARGILL.

The following case was heard before the [Resident Magistrate (11. MeCulloch), ou Friday, 9th December:— CHAKGE OF EMBEZZLEMENT. John Smith Johnston was charged on information with having embezzled tho sum of £33 lis., tho property of tho General Government. Mr. Macdouald appeared for tho prosecution, and Mr. Harvey for the defence. Captain Ellcs deposed that ho was Colonial SubTreasurer. It was defendant's duly within ten days after tho end of every quarter to hand over to him the fees, &c., collected during tho quarter. About tho 10th October, lie asked him for tho amount due on account of the quarter. Defendant said he was so busy with the Supremo Court that he could not attend to it then. Witness did not know whether instructions were given to accused to bank at the Bank of New Zealand. There was a notice in the Colonial Government Gazette that colonial accounts were to bo kept there. In October last, received instructions from the General Government to investigate the affairs of Mr. Johnston's department, He accordingly examined his books, and found them well kept. There was a deficiency of £37 10s. Witness asked liim whero it was. Ho said it was in tho bank. Asked him to get a certificate from the manager that it vras there. Defendant demurred. Witness said ho would go himself and ascertain what balance there was in tho bank. Defendant said ho could not do that without an order from him. He replied ho could and had done so already, and had found there was no balance to Mr. Johnston's credit. Asked him for the £33 lis., and he said he would endeavour to pay it. When this information was laid, the money had not been paid. Cross-examined by Mr. Harvey : Was not aware whether Mr. Johnston had to pay somo accounts out of his own pocket. Ho made application for some money to pay tho accounts after the sittings of the Supreme Court, but witness refused because he had no money for that purpose in hand. Kocollected Mr. Gillies paying some accounts. Mr. Johnston's salury had not been reduced. No attempt had been made to mislead or deceive witness. No money had .sinre been paid. Mr. Johnston never claimed tho £33 lis. On the 20th October the September quarter had not been accounted for.

Re-examined.—Mr. Johnston did tell witness the money was in the bank. The money was paid by cheque on the Union Bank. David Bennct M'Counel deposed that lie was De-puty-Eegistrar of the Supreme Court. Received his appointment last week, previous to that was clerk in deeds department. Didnot know whether Mr. Johnston was directed to keep his accounts in any particular hank. The amount on hand at the end of September ought to have been £69 17s. "Witness was asked repeatedly to certify the accounts, but refused because he held I. O. U's of Mr. Johnston's. All tho money wis hanked with the exception of tho amount of tho I. O. U's, I refused to certify. .£23 6s. was banked from Ist October to Ist November. .£33 lis. was taken out of this quarter to meet deficiencies in last. Was not aware that Mr. Johnston paid some accounts that tho Government disallowed.

This closed the case for the prosecution. Sir. Harvey addressed the court for defendant. Committed for trial, bail being allowed in two sureties of £30 cach, himself in i'Gu.