BANKRUPTCY ACT NOTICE. SUPREME COURT-CRIMNAL SITTINGS.

Otago Daily Times, Issue 2679, 7 September 1870, Page 2

BANKRUPTCY ACT NOTICE.

SUPREME COURT-CRIMNAL SITTINGS.

DECLARATION, OP INSOLVENCY. Thomas Ayres, cabinet-maker, Dunedin. John Stamper, solicitor.

Tuesday, . 6th September.

(Before His Honour Mr Justice Chapman, and Petty Juries.)

The Court opened at 10 o'clock. Mr B. C.Haggitt prosecuted for the Crown.

LARCENY AS A BAILEE.

William Gough was indicted for having, on the llth July last, stolen a. horse, saddle, and bridle, the property of Walter M'lvor.

Prisoner pleaded Not Guilty.

The circumstances of the case, as revealed by the evidence, were these : —Prisoner being in the employ of prosecutor (a hotelkeeper at Switzers), was, on the 7fch July, sent by his master to the company's station, with.a team of bu1 locks and waggon, for some oats. A horse, saddle, and bridle, were also furnished to him for the journey. Four days afterwards, prisoner stopped at Pollock's Hotel, and after offering the horse for sa'e to the barman, ultimately sold it, with the saddle and bridle, to a man named John M'Gillivray, for L 8 103. The buyer wrote out a receipt for the money at the dictation of prisoner, who affixed his* cross. Upon being arrested, prisoner admitted to constable Fleming that he had sold the horse as its owner, adding that he had done so while under the influence of liquor. Upon M'lvor asking him why he had committed the offence, he gave a similar answer. The prisoner, in defence, said he was. intoxicated at the time, and remembered nothing about the occurrence. The 3 ary at once returned a verdict of Guilty.

charged with stealing a cheque for Ll6. This case arose out of the preceding one. M'lvor gave prisoner a cheque for Ll6, in order to pay for the oats, and the latter got it cashed on the next day by Joseph Burrows, landlord of >he accommodation house at the Long Ford, Mataura, and appropriated,the proceeds. M'lyor, in his examination, stated .that prisoner, before starting, was supplied, with an ample stock of provisions to last him during the entire journey, and also 10s to meet casual expenses. At the close of his examination before the committing magistrates, prisoner said, "I do not see that, as the cheque was given into my charge, it was stealing."

Prisoner again set up the defence of intoxication, saying that he believed he was hocussed at the accommodation house, for he sat down to play cribbage with Barrows, and, after the first game, became insensible, continuing so until the next morning, when he found himself at Cameron's Hotel.

The jury, without retiring, gave a verdict ef Guilty.

His Honour, in passing sentence, said he perceived by the description in the calendar, that the prisoner was born in New Zealand. He was very sorry to see a person born in the country brought before the Court, and it was creditable to the youths of the country that they were very seldom brought before its tribunals. If the case were otherwise there would be little excuse for them, for life is easier here than at home, and persons coming out to the colony might bring with them hvbits of crime which might be considered, to some extent, an excuse for their misconduct here.

Upon the firat indictment, prisoner was sentenced to two years' imprisonment, with hard labour; upon the second, to one year's imprisonment with hard labour; making three years in all. LiKCENY. , . Johu Alexander M'Dermott was indicted for having, on the 18th June, stolen a silver watch the property of Charles Dougherty. Prisoner pleaded Not Guilty. ; The evidence went to show that on Friday, the 17th June, prisoner and prosecutor visited the Exchange Hotel, Walker street, in company, and remained drinking there until prosecutor was reduced to a state of stupid intoxication. While in this condition, prisoner asked his companion to make him a present of his watch, and Dougherty did so. The landlord, however, interfered, and made M'Dermott restore the watch, and turae 1 him out of the house. This was between 8 and 9 o'clock in the evening. Between 11 and 12 prosecutor left for home in company with a man named Langley, who accompanied him as far as the Caledonian Hotel. Here they had a glass together, and prosecutor then went away, leaving Langley in the hotel. Langley affirmed that he saw the watch in question on prosecutor's person while they were on their way from the Exchange to the Caledonian ; but did not notice whether prosecutor had it when he left the latter hotel. The next morning^ the watch was pawned ...with Mr A. Davis for 30s. by a man giving the name of John Paterson, who stated that he <was, an up-country teacher, and then .resided at the Criterion Hotel. _.. Davis positively swore, and without hesitation, that prisoner was the man. The defence set up was an alibi. His Honour, in summing up, pointed out ;hat the slight discrepancies in the evidence regarding the way in which prisoner was engaged at certain tidies were no greater than might naturally be expected in the evidence of persons not specially interested in t*kinsr note of the exact time; and said that, if they believed. Davis's positive assertion of prisoner's identity with the man who pawned the watch, they would be justified in finding a verdict of guilty. The jury then retired, and after a lapse of four hours returned into Court, when the Foreman told His Honour that considerable doubt existed in the minds of some of the jury as to the terms "feloniously steal, take, and carry away," used in the indictment, and wished to know if a verdict of guilty of larceny would be accepted. His Honour replied that larceny was all the prisoner was charged with.

The Foreman believed the difficulty lay in the word "take." The jury felt no doubt about prisoner having pawned the watch,, but thought there was no evidence to show that he had taken it.

His' Honour explained that even if ' the prisoner had got possession of the watch in. an innocent manner, yet, if he subsequently misappropriated it, he had been guilty of larceny.

Th* jury then returned a verdict of Guilty.

His Honour said as this was the prisoner's first offence, and he had already' been three months in gaol, he would only sentence him. to nine months' imprisonment, with hard labour. SENTENCES. The following prisoners were brought up for sentence :—David Storey, against whom, there were two previous convictions of larceny, was sentenced to 18 months 1 imprisonment with hard labour ; Samuel Taylor, 28, convicted of forgery and uttering at Oamarn, was sentenced to two years' imprisonment with hard labour; John Paterson, charged with burglary at Kyeburn, bnt found guilty of the less offence of larceny, was sentenced to 18 months' imprisonment with hard labour. In ihe case of Frederick Lange, who had pleaded guilty to an indictment charging him with embezzling certain moneys which he had received as rate collestor for Lawrence. Mr Bastings, Mayor of that; town, was allowed, to give evidence as to character. He stated that he had known the prisoner for several years, and up to the time of committing this offence Lauge had always borne an excellent character, while he had since exhibited great penitence for what he had done. His Honour said he would defer passing sentence until the next day, as he had received memorials in favour of the prisoner. ' He would, in determining upon the punishment that must be awarded, take into consideration Mr Bastings's recommendation.

OBTAINING GOODS UNDER FALSE PRETENCES'.. Joseph Gibbs, 42, was indicted for having, on the 16th July, obtained a variety of goods from Josiah Mitchenson, of Bendigo Gully, under false pretences. Prisoner pleaded Not Guilty. Josiah Mitchenson deposed that, in partnership with Edwin Harrison, he keeps a store at Bendigo Gully. Prisoner had beea in the habit of dealing with them, but; his credit was stopped in April last. At II o'clock on the night of Saturday, the 16th July, prisoner came to witness and said he wanted some goods, stating also that he had been working for Aldrich and parsy (miners at Bendigo Gully) for a month save one day, and that in payment for the goods he would give an order on them for Lls 6s Bd, tha amount due to him for his labour. Witness thereupon supplied him with a suit o£ clothes, two Crimean shirts, two flannel shirts, a pair of blankets, some flannel, two pairs of boots, two pairs of socks, a felt hat^ and some groceries, the whole amounting int. value to Ll4 Is. Prisoner, in payment, gave an order upon Aldrich and party for Lls 6a--Bd, telling witness that ha (prisoner) could get the difference between the amounts front him at another time. The goods were supplied solely on the strength of the order. Prisoner took away with him goods to the value of LI 2 23, and ie was arranged that the remainder should be delivered on the following Monday. In addition to the order,, prisoner handed to witness a stamped receipt to give to Aldrich when the latter redeemed the order. The next morning witness saw Aldrich about the order, when the latter affirmed that he had settled with prisoner. Witness then went to prisoner, and asked him to return the 'goods, but he refused to do so. Both then went together to see Aldrich, and while on their road, mat Matheson, one of Aldrich's party. Prisoner spoke to Matheson about the order, saying it was the only order which he recognised. Matheson replied that it would be all right. Oa finding Aldrich. prisoner said he had got the order cashed, to which Aldrich replied " That is nothing to do with mej I have -settledjwitkyou." _ Uross-esrarmnecT: WBness sen^prlsoner la a bill for L2O 10s. Prisoner sold him a horse for L 25, on the understanding that he should have it back after paying off his debt to witness. Witness did not pay L25 in money for the horse, nor give goods on account o£ it. Prisoner did work to the value of LiS 10s for witness, which went to liquidate his debt. Witness let the horse at 7s 6d a week for one month, and then, by prisoner's consent, lowered the rent to 53. Witness kepfc the rents. He did not give prisoner, the goods in question on his own credit, but oa. the strength of the order. Prisoner promised to see witness paid for the goods. Witness believed that Gibb3 told Aldrich that he would summons him if he did not pay the money. ■■■-■,■. By the Court: Witness still holds possession of the cottage. ~ .„. By Mr Haggitfc: Prisoner gave him the receipt for the cottage as security for the amount which he owed witness. He was then in debt- L'2o 9a for goods, and Ls,for which witness had become responsible for. him to a man named Grant. "* By the Court: Prisoner worked off £,!& 10s of the debt, and the balance ia nowstanding over. The cottage being held as security for its payment. Nothing whatever was said about, the cottage transaction, when he came for the goods on the 16th. of July.

William, Aldrich deposed that prisoner worked for his party from the 20bh Janata the 16th July. Upon leaving off work oa the last-mentioned day, prisoner asked for a settlement, and witness promised to pay. him in the evening. He..accordingly went to prisoner's houae aboafe 7 o'clock, when some conversation took place in reference to an order for L 6 10s, payable to W. D. Hamilton, which prisoner had cashed on the sth July. Witness had met the order by paying L2 on account to Hamilton, and working out the remainder, the order having been transferred to a maa. named Cokely for the purpose. Previous to

witness receiving the order, a message had reached him from G-ibbs, telling him th*£ tha order had been drawn for L 6 lUs by oii&take, and that he must only pay L6. la settling with prisoner, the latter said witness shouM only have paid L 6, to which witajam responded that he was obliged to *£- cognize the order according to ifes nominal value, and that if any mistake had baeo. made, that was. a matter for Hamilton and Gibbs to arrange between them. The account was m»de up, and a balance of L 8 16a 8d ascertained .to te due to Gibbs. Witness said he could not pay this in cash, but could, give an order upon Charles O'Donnell, of the fi>m of Smith and O'Donnell, storekeepers*. Prisoner accepted the order, and gave witness a receipt for the whole amount of Ms wages (produced) That closed the wages accqunt between them. They next went to O'Uonnell's store, and witness having puxv chased some goods, went into the adjoining I t;ar, leaving prisoner in the store. Gibbs afterwards came into the bar, and asked to be allowed to look at the receipt. Witness took the receipt out of his pocket book, and whi'e showing it to prisoner and Smith and O'Donnell, Gibbs snatched it out of bis hand. Some wrangling was going on between Gibbs and the storekeepers, and witness lefc the place without getting back the receipt.

Cross-examined : When prisoner andl Mitchenson came about the order, the former said something about summoning the Company for the amount.

Wiliam D. Hamilton, pub'icsn and miner at Bendigo Gully, deposed that in April last prisoner owed him L 9 10s fo»" goods. la liquidation of the account he gave an ordec for L 3 10s, upon which witness on y received L 3, and his own note of hand tor the balance. Gibbs, on the sfch J-dy, redeemed the latter, and met the IG<* .Urio.«n.'.y oa tha order by giving an ordor for L 6 10a upon. Aldrich, wh) paid L2 on account, and 6ha order was then transferred to Cokely, to. enable Aldrich to work out the balance. The full amount of the order had been p vid ta witness, and consequently the debt of L 9 10& due by prisoner w s extinguished.

Charles O'Donnell stated thai Aldricb, &w3L