RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 848, 9 September 1864, Page 5

RESIDENT MAGISTRATE'S COURT.

Thursday, Bih Sept. (Before A. 0. Strode, Esq., R.M.)

Drunkenness and Disorderly Conduct. — Robert Waiker, David Curie, Japies W. Moore, and Peter M'Lean, were each fined 20s, with the usual alternative. Fraudulent appropiuation.—John Jones, described iis a forwarding agent, was brought before the Court on a warrant, charging him with having, on or about the Ist September. 1864, he being then a trustee of property, viz., L4OO, for the benefit of T. 0. Skinner and others--unlaw-fully, and with intent to defraud, converted and appropriated the said sum to"* his own use and purpose, contrary to Section 2 of the Fraudu'enb Trustees Act, 1860. Mr James Prendergast appeared to prosecute, and Mr Barton appeared for the prisoner. Mr Prendergast briefly stated the circumstances, a^ follows - •■ Messrs Al'GatSn Bros, who carried on business up the country, sold off all their stores, fee , aad realised certain moneys for them. 1400 of this money tbey handed over to the defendant Jones', with directions to pay and divide it amongst their cr ditors. Jones, instead of doing so, applied it to his own use. An application had been made to a Judge in Chambers to attach the moneys in the hands of Jonea for payment of a debt due to one of the creditors. On that occasion Joups falsely swore that ne had naid back these moneys to one of the M'Gaffins. The M'Gaffins would be called as witnesses to prove thai they had never received a penny of it. Considerable discussion followed between the legal gentlemen as to the terms " trustee" and "bailee" -Mr Prendergssb urging that the prisoner having had this sum bailed to him for a spscific pu'-pose had, by illegally convening it to his own use', committed a fraud, which was a misdemeanour unde^ this act; and Mr Bartoa argued that there was no express trusb. Mr Barton cited in support of his view the case of Patten, previously tried in the Supreme Court, and urged that there could be no trusteeship unless supported by documents. Mr Strode was inclined to hold with Mr Barton, and gave it as his opinion that the information must fall. The prisoner immediately left the Court, accompanied by his counsel, but was shortly after re-arrested on warrant, on a charge of Derj'iry.