RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5357, 29 May 1878, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, Mat 5 28. (Before J. C. Crawford, Esq., R.M.) LARCENY AS A BAILEE. William Dawson was charged, on the information of Phoebe Lloyd, with stealing as a bailee the sum of £ls. . Sergeant Smith said -that the police were not in possession of the facts of the case, bat that the complainant was prosecuting herself. Complainant'deposed that she,was the wife of Richard Lloyd. About three weeks ago prisoner got a cheque from ■ her ' husband, signed by herself, for £l6'on the Bank of New Zealand, to pay O. W. Clayton. Some few days afterwards.. she ascertained that the money had not been paid. Prisoner was then asked if he had airy Statement to make. , He said that some little time ago he was manager for Messrs. Travers and Ollivier, solicitors, Wellington. While he held that position a person named Richard Lloyd came to the office and wanted to raise £SO on a lease. Witness went on to say: I told him the office could not advance'the £SO. He said, “ Are you going out." I said, “I have my bankbook in my hand and my hat on my head, and that I looked like going out.” Ho came out with roe. As we were going along the road, he asked who would lend him the £SO, as he wanted to go prospecting for gold. I told him that business men would not lend him £OO on security of a lease. Ho offered me £lO to get him a loan of £SO. 1 jocularly told lum that I belonged to the Dunedin Law Society, and l that while I was in a solicitor’s office, it was not. in my power to take a perquisite. Ho asked me if I bad been long in the law. I said I bad. He asked me if I bad been in many parts’of the colony. I said I had. He askpd me who I had been working with. 1 told him I had been' articled to Mr. Taylor, of Tokomairiro ; had been manager for Mr. William Nott Gooday, of Lawrence; accountant for Messrs. Hodgins and Howarth, solicitors, Dunedin ; conveyancer in Messrs, Cook and Muir’s office, Dunedin,.the leading conveyancers In the colony; was, afterwards manager for Mr. C. B. Chapman at Milton; then accountant and manager for Messrs. Travers and OiUvier of Wellington. Ho said “ Yon must be old.” I said I was not old, and that oui family was a notable family. ' I told him that I was not 21 years of age.? He asked what my religion was ? I said t bad none, and told him that I was a Utilitarian, aßnscanit^ and a thorough believer in Malthusian law. I also informed him that I was an- advocate for Natural Selection. He next asked me where ho could got Jbe money, and I told him that there was a man of Wellington notoriety named Oliver Whitton Clayton, who advanced money on poor security .with good interest. He then left me. He subsequently told me that Clayton had agreed to lend; £lO on the lease, with a bill maturing, at tour months. Lloyd then went away satisfied,. and wont prospecting. On a subsequent date I n?et .Lloyd in the street, and be told me there was a fortune sticking out for. both of us, as ho has

struck a reef, but.had;no. .money to ..work, Iti ’ I,:told. him ’ I ,could: do nothing .for-’ him,' as I had lost one fortune, at gold l mining, and was not going to" lose another. Tears came into-hia eyes.': He said ho was ruined, and that his, wile, had not a bite. I said, “Being a Utilitarian, here’s £25, and we will work the reef ourselves.” ' Ho thanked mo. "I said, ‘.‘Don't mention it, old fellow ; if you don't pay me, some one else will."" He left, and when 1 1 saw him.again, he asked me to square the bill. I said, it was not good enough. I said that a Utilitarian would do a great deal, but as there were others in Wellington, ha could go to them. Ho then told mo his wife had money in the bank. -I then thought that I was going to get some of my money back, but he said she only bad £ls. I said, “ Get that from her as part payment of my debt, and I will arrange matters with Clayton."'; Ho said, “ Promise me that you’ll keep the roof over my wife’s headl and I'll write out a cheque for £ls on account.” Ho also gave mo apower of attorney. [Produced and sworn to.] . Prisoner made a long rambling statement, which lasted about half an hour.—His Worship said that he was of opinion that the case should have:been tried civilly, and dismissed the prisoner. ---■ ■ - ■ 1 ' ■ LAEOENY. Walter Hocbendein was, charged with stealing a case containing eleven bottles of brandy from. John, Pestridge, 'of the .Kaitoki refreshment rooms, on the 20th May. Prisoner pleaded not guilty. .■ John Prestridge deposed that he kept the refreshment 1 rooms at' the Kaitoki railway station. ■On the day in question tho prisoner was-in and out of , the-qrremisesall day. Witness about half-past two o’clock in the afternoon bad occasion to leave the bar. Ho went round the back of tho premises, and ■ came on tho platform of the railway station. He there met - prisoner, who had the case of brandy (produced) on his shoulder. Prisoner said, “ I suppose this is the case you asked me to bring out.” Witness then called prisoner an impudent thief, when he (prisoner) rushed at witness and nearly strangled him. They were eventually separated by the stationmaster. Prisoner said ho was asked by the complainant to take, the brandy on to tho railway station. Inspector Atcheson gave the accused a very bad name, and stated that be bad been bifora the Court previously; ■ ■ ■■->■ > The .constable stationed at the Hntt said that the prisoner was. an idle indolent man. His Worship sentenced him to six months’ imprisonment." ...... , .. ASSAULT. ’ Stephen Rutter wss summoned ; by: Henry Brown with assaulting him on 22nd May. The plaintiff stated that the defendant struck him on the mouth without tho;slightest.provocation. Defendant contended" that the plaintiff struck him on the side of.the head with a dead rabbit first, and that he then returned the insult by a blow in the mouth. This statement was corroborated by a witness named Alfred Evans.' His Worship dismissed tho case.; ' ' ' ' ' . CIVIL CASES. . _ . John Whitten v. J.:Kilmister. Claim £2O. Mr. Brandon for plaintiff; Mr- Travers for defendant/who pleaded that his Worship had no jurisdiction. His Worship said.that as the question of title was involved he held Mr. Travers’ objection fatal.