POLICE COURT-QUEENTSTOWN.

Otago Daily Times, Issue 851, 13 September 1864, Page 5

POLICE COURT-QUEENTSTOWN.

September 6. (Before "&. Beetham, L. Broad and Justice

Aylmer, R.Ms.)

Reuben Harris, auctioneer, &c, was charge* with feloniously carrying away an order for money, to the value of LB, and a certain invoice, both the property of Michael Cassias, a storekeeper. Mr Campbell appeared f>r prosecutor. Mi- Han is conducted his own case Michael Cassins: L ara a storekeeper afc Queenstown. Have had business transactions with defendant on the 15th August. He _ came for a final settlement of an account amountingia gross, to LlO3 4s lOd; of this sum it had beea agreed between him and myself, that a deduction;of '■ 3 16s 6d should be allowed. After that, a further deduction of L 2 10s was agreed upon, for leakage of kerosene. It was also agreed and either marked in the defendant's handwritingupon the invoice that an order cashed by me for o:;e Thomas Jones, should be also deducted. Cannot swear who wrote that, remark upon th& order. With these deductions I may have had to pay defendant the sum of 193 18s 4i. This settlement of accounts took place on August 15. Previously we had made the deduction, but this was the sum mutually agreed upon. I offered to give a cheque for the amount agreed upon, and on taking up my cheque book I remembered that on a previous oecas on Mr Harris had deducted one item from account sales without my consent. On mentioning this to defendant, he, without further warning, snatched the invoice and money order from my table and ran out tof my store, and said," I will teach you how to i settle your accounts. I will send you a writ. I called after him and told him that he would beriven in charge unless he returned the*papers, but he did not return them. What he took was the invoice upon which he had made the calculation. The invoice had been in my possession 10 or 12 days. The god 3 mentioned in it had beea purchased on or about the 2nd August, and the* goods delivered to me the following day. The goods had been purchased about the 2nd. and th& invoice was delivered a few days afterwards. Thafc invoice was my property. Mr Karris told me he would send me a writ. I heard him say to MrShepherd do not forget thi writ. He has nofc given me credit for the amount. He is suing me for LIOB 2s 7d. He has not given me credit for the order of Jones upon me for LB, nor has he given me credit for L6-4s, the other allowance agreed upon. „'.-,,- • Mr Beetham: Mr Campbell, you are goinginto evidence entirely unnecessarily; you are entering into the civil liabilities of Sir Cassias and Mr Harris. Cross-examination resumed: In my handwriting I have given credit on this document for Jdnes'sorder of LB. This is the order lam prosecutingyou for. It was mutually agreed that credit was to be given for the LS and other allowances Previous to giving the cheque for the balance I signed the order. I did nofc. give a cheque for the ba'ance. I was just about. to do so, when I stated to Mr Harris I could, ia addition, deduct Lo which had been long, ago ia dispute between us. You called upon me twice before for a settlement of the account. You did not tell me you would send me an amended invoice. The amended invoice is there. T2*e allowances are made. You charged rae ths L5-on the Isfe.. June, 1863. I deducted it from the proceeds of a sale in January, 1864. Since that time theres have been few business transactions, between us> and I had no opportunity of retaliating in youiown case. There have been two transactions; above the value of L 5. I could not say I evermade a claim ia these transactions for the L 5. E* am indebted to you a very small amount—a few pounds I owe you. John Harris, butcher and storekeeper, on.the Big Beach Station: I was present in Mr Cassins* store when Mr Harris was there. I could nofc say the date. I heard words pass. Defendantas ted Cassins to settle bis account with him, then Cassins accused defendant of taking from, his desk two important documents. I was not there when the doettEiGnfa were take'a, Cassins did say jjsomething ta the effect t*jat he would give defendant in charge. Defendant made no reply in my hearing. I think Cassius said he would see Mr Campbell an^ serve defendant with something of some kind.

Thomas Jones. The doev;ment produced (order

for 18) is signed by me I gave this to Mr Cassins to collect from the defendant. I receiSa cheque from Mr Cassins for the amount Stated in the order. The cheque was cashed. Theßmch: The order was Mr Harris's own property. The invoice bears direct reference to iliiil": ordsr • This closed the case for the prosecution^ Mr Beetham: Po far as the order from Jones and which Mr Harris is charged wi rsSfng, this document appears upon the fac» of it to be Mr Harris's own property; it is an order on hira for money, tliat money was paid and the prosecutor has written a receipt for it ■«oross the document. It is only .natural therefore that Mr Harris should consider a receipt for money paid by him as his property. The invoice which Mr Harris, is also charged with stealing bears direct reference to this order, and the felonious charge with respect to it appears wholly unsupported. The case is dismissed, and the Bench consider it a public duty to state that you, (Mr Harris",) leave the Court without the /slightest stain on your character. The Court cannot but notice tbe provocating manner m which the prosecutor gave his evidence; and regret that the time of-the Court should have been occupied with so trivial a charge. My brother Magistrates fully concur . in this decision. -■■-■■-.■ - ■ \