RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 1157, 5 September 1865, Page 5

RESIDENT MAGISTRATE'S COURT.

Monday, 4th Sjeptemiier. (Before J. Gillies, Esq., K.M.) civir, casks. Proprietors of the Daily Times v. Joseph Mackay.—Claim of L 3 10s for sundry advertisements. The defence- was that he had paid this amount to some third part}', who, it appeared, was not entitled to receive it. Judgment for the plaintiffs, with costs.

Archibald Muir v. Margaret Wilson.— Claim of L 4 ss, as balance of an lOC. Judgment by consent, with costs.

W. IT. Taggart v. Edwin Taylor. - Claim of LG for horse hire. Judgment for the plaintiff, with costs.

Robert Mackie v. James Purvis.—Claim of L 5 18s 6d for wages. Judgment by consent, with costs. Judgments by default were given in the following cases : —Eniile Peter-en v. Christian Lericke, L 2 10? for boird and lodging; John Pay ton v. James Dcmpsey, L2O, for board of defendant's children; Charles Moore v. Thomas James, L 4 ss, for saddle cloths and repairs to harness; S. G. I-aics and Thonv'B Whitaker v. James Vout, L2O, on a dishonored acceptance; Lawrence O'Roark v. John Fernindez, Ll3 11s, for horse hire.

Dismissed for non-appearance :—Thomas Foster v. Thomas Brown, L 2 10s ; Arthur Smith v. Alfred Kent, L2ss ; Wilson v. Brown, 10s.

The following cases were adjourned : — Proprietors of the Daily Times v. D. Heenan, to Wednesday next; Sreadman v. Feger, to Monday, the 11th inst; and Finch and Carrick v. M'Donald, to Monday, the 18 th mat.

(Before R. H. Forman, E.g., R.M.)

The Magistrate held a Court.in the gaol at half-past ten x>'clock, for the purpose of hearing the following ease : — BOBBERY IIV A BAILEE. William Henry Hatch wai charged on the information of Fred;rick Luhning, Bootmaker, Princes street, that between the 19th April and the 3rd June last, he did fraudulently take or convert to his own use, the sain of Li 74 or thereabouts, of which he was the Baike. Mr Cook appeared for the prosecutor, and Mr Wilson for the defence. Frederick Luhning: Since !he beginning of 1863, 1 have carried on business in Princes street as a Boot and Shoemaker, and £ also had a tent-shop there. I engaged the prisoner as manager of the boot shop. He was to have one-third share in the nett profits ; but I allowed him to draw L 3 per week until the stock was taken. In April last, I had to go to Hokitika, and before leaving, I gave the prisoner instructions to pay the takings of the bootshop into the Bank every, day, al'hough they misrht only amount to L 5. When I j returned fiom Hokitika, I found that the prisoner had left town. I produce a bnok kept by the prisoner containing -the daily takings at the boot-shop from the 19th April to the 3rd of June. None of these sums his been paid to me, nor have I had any account of them. I produce a book containing eniries in the prisoner's handwriting <>f rents received by him on my account, and moneys paid away. It appears that on May the 17th, he received L 37 103 lOd as a div Mend on Johnston's acceptance; on May the 22nd, Robinson's rent, to whicb no figures are attached; on April 24th, Nicolson'a rent, L 2; on April 28th, Wilson Gray'a renl, L 4; on April 29th, Esquilant's rent, L 3 ;

on May the 6th, Cranford's rent, L 2 10a:; on the 13th May, Cranford's renf, ss; on the 22ad May, George Caspar's rent, L 3 lOi; on May the 23rd, Esquilant'ii Tent, L 3; on June Ist, Nioolson's rent,, Ll ss. The same book show 3 the total amount of payments on account of the tent-shop, between the 19th Anril to the 3rd of June, to be L 26 18s. When I returned to Dunedin from Hokitika, I found that the prisoner had left town, and I afterwards found the book containing the entries of the rents received by the prisoner, in a drawer uuder the counter in the bootshop.

Cross-examined by Mr Wilson : I was away from Dunedin about seven weeks, and communicated once with the prisoner. He wrote several letters to me, but I cannot say if they aie now in existence. The book already mentioned shows that the payments made by the prisoner on my account amount to L 244 19s. He was authorised to pay Mrs. Luhning mone}'. The . prisoner was entitled to receive one-half of the nett profits of the business from the last stocktaking ; and I allowed him to draw L 3 a week on account. He was not entitled to draw anything on account of profits until the stock was taken. The prisoner owed me L4OO for moneys advanced to him and paid on his account. I expected to be repaid out of the prisoner's share of profits at stock-taking time. Re-examined—The prisoner owed me L4OO on his private account when I went to Hokitika. During my absence he appears to have received on my account, L 402 7s 4d, and to have paid away only L 244 19s. By the Magistrate : I have not received the balance of that account. By Mr Wilson : The prisoner did not take up an acceptance of mine durrng my absence. I have been informed that the prisoner paid the money into the Bank specially for that acceptance. This amount is credited to the prisoner in the total amount already mentioned. Joseph Dods: I was in the employ of Mr Luhning in April last, as manager of his tent shop, and I remember his going to Hokitika in that month. He did not give me any instructions as to the disposal ol the money I might receive, but I paid it over to the prisoner daily. I kept a book, and the daily takings were initialed in it by the prisoner. lie paid me my wages weekly. Richard Oliver: I am one of the trustees in the estate of Mr James Johnston. I produce a dividend list in that estate, signed by several creditors. It shows that Mr Luhning was a crediior to the amount of Ll5O 7s Gd, in respect of which L 37 11s lOd was paid to the prisoner by the other trustee, somewhere about the 20th of May. The dividends in this estate were paid by cheque. Wilson Gray: I rented in April last, and some time previously, Chambers from Mr Luhning. I paid L 4 for rent in April to a person in Mr Luhning's shop; and I produce a receipt signed by the prisoner. George Caspar: In May last I rented a shop, in Princes street, from Mr Luhning, and I remember his being away at Hokitika. During his absence I paid the prisoner, on the 22nd May, rent amounting to L 3 10s, on account of Mr Luhning ; a further payment of L 3 103 on the 29th, and another, for a similar amount, on the sth June. I. produce the receipts for these payments. Henry Williamson: In May last I rented the Fire Brigade Hotel, Princes street, from Mr Luhning; and 1 remember his being absent from Dunedin ahout that time. I remember my barman making a payment of L 5 to the prisoner, on account of Mr Luhuing, for which I produce the receipt, dated the 3rd of June. Henry Hooper: I know the prisoner. Tn may last he handed me one of Miller Bros.'s cheques for some sum between L3O and L4O. I had lent him L 25 previously, and I gave him a cheque and some cash for the balance. I paid the cheque in to my account at the Bank of Otago, and it was duly honored. Edward Esquilant: On the Ist of May, I paid the prisoner L 3 on account of rent due to Mr Luhning ; on May the 23rd, a further sum of L 3, for which I produce the receipts. James Nicolson : I made a payment to the prisoner, on the 24th April, of L 2, for rent of a room belonging to Mr Luhning. On the Ist June, I also paid him Ll 5s on the same account, for which I produce the receipts. Mr Cook said he had one other to produce, a Mr M'Lean, who had not appeared to his summons. Ho asked for an aljournment, in order to give him an opportunity of producing this witness. The prisoner was remanded until this (Tuesday) morning.