PECULIAR CASE OF LARCENY.

New Zealand Times, Volume XLVI, Issue 7681, 15 January 1886, Page 3

PECULIAR CASE OF LARCENY.

■ ; A FRESH CHARGE. At toe Kesideat Magistrate’s Court yesterday afternoon, Mr H. S. Ward©!!, R.M., delivered judgment In the case in which Frank McDowell, waa charged with the larceny of goods ti the value of £676, the property of James McDowell, His Worship said that the evidence had neither proved Urceacy nor embezzlement on the part of the accused;' The evidence proved that accused bad power to sell goods by auction* and the sales had taken place. The evidence showed that information had been forwarded to the prosecutor, but the latter had failed to make any attempt to recover Che alleged stolen articles. Of course there was the* suggests n that the accused bad not properly accrual ed ter . the goods, bat his Worship thought that from the evidence of the prosecutor something of the character of a reckoning bad been made between the parties. He was of opinion that be could not convict, the accused on either charge, and he would tberefote dismtrs the informations, Mr Jellicoe here stated that be understood that another information had been taken out against his client, and on Mr James saying that such was the fact, Mr Jellicoe applied to the Bench for the accused to be charged now, and not to be arrested late at night when ha would not be able to obtain ball, and therefore be compelled to spend the Light in the lock-up just to gratify the spite of a certain person. Mr Wardell said that Mr Jellicoe should not suggest such a thing as spite. Frank McDowell wag then charged with having at Mattertoa on the 22nd and 24th of October last converted to his own mo two cheque*!—one for £39 17s 5d and the other for 634 18i 3d—the: property of James McDowell. Mr Barton appeared for the prosecution and Mr Jellicoe for the defence. James McDowell gave evidence that the accused kept a shop for him at Maaterton, with Instructions to sell goods both in the shop' and to dispose of them by auction. Accused’s salary was £4 per week, which he usually drew from , the cash. The accused rendered witness a weekly statement of all goods sold in the shop, and sent the auctioneer's cheque* for, the good* sold at auction. Witsesa had a dual settlement with theac-’ cased on the sth o! November last, but did. nut receive any money from him. The total amount of money witness received from ac* caved while the Utter was ia Mastertoa was £BS 16s 9d, Witness bad made inquiries lately of the Masterton auctioneers respecting ' the proceeds of the sales, and had found by replies from Lowes and lorns and F. H. Wood that on the 22nd of October last, the accused received a cheque for £39 17s sd, and ou the 24th of.the same month, another cheque for £34.18s 3d. The accused was at this stage remanded until nest Monday week, bail being allowed >