CITY POLICE COURT.

Otago Daily Times, Issue 6874, 27 February 1884, Page 4

CITY POLICE COURT.

Tuesday, February 26.

(Before Messrs G. E. Eliott and J. Hymau

J.Ps.) Drunkenness, —One person was charged with this offence. Licht and Unstamped Weights. — Ann Neil admitted having in her possession a Jib avoirdupois weight not properly stamped; also one light weight. She was fined ss, and costs, for each offence,'and the weights were ordered to be forfeited. William Loggie, butcher, for having two light weights his possession, was fined ss, and costs, on each information. Serious Charge of Robbery.—Emma Ellis and Rhoda Avery were charged with having on I'ebruary 23, at South Dunedin, stolen from William M. Matheson two £20 bank notes, one £10 note, one £1 note, and five shirt studs. —The Bench remanded both the accused until Wednesday, being unable to prolong the sitting. The Charge op Embezzlement against an Insurance Agent.—Joseph Mackay, insurance agent, was charged on the information of David M. Luekie, insurance commissioner, for that "on the 14th day of January ISS4, being then employed as a servant of the Government Insurance Commissioner, he did by virtue of hi 3 said employment, and whilst he was so employed as aforesaid, receive and take into his possession at Woodbury, New Zealand, certain money, to wit £G 9s 6d, for and on account of the said Government Insurance Commissioner, his master, and the said monoy then fraudulently and feloniously did embezzle."— Detective Henderson applied for a remaud to Geraldine, where it was alleged that the offence waa committed. —Mr Stout, who appeared on behalf of the accusod, said that the action taken by the Government Insurance Department in this matter was most extraordinary. In the first instance Mr Mackay was arrosted in Canterbury, taken before the Bench at Timaru, and remanded to Dunedin. After that ho appeared to have been brought before another magistrate, and remanded to Geraldine. This having been done, he applied for and was at onco granted bail to appear at Geraldine on Thursday next. The accused had since then been in telographic communication with the Department at Wellington—who must have been satisfied that there was no intention on his part to defraud, because they admitted having more money belonging to him in hand than it was alleged he had appropriated—and yet while he was out on bail a warrant for his arrest on the same charge had been executed. It seemed to him (the learned counsel) that because Mr Mackay had left the Government Insurance Department, for which he had been a successful canvasser, and had joined another insurance office, Mr Imckie had used the power and aid ot Government to crush him. The tolegrams which would bo produced in evidence would show that Mr Mackay had actually left the Government Department because, as he told the Colonial Treasurer in pretty plain though vulgar language, ho considered "the Department was rotten." Ho (the learned counsel) asked the Bench not to grant a vtmv.uid in tins case, but to proceed at onca with Iho investigation of the charge. No doubt in considorng the application for remand to Geraldine the Bench would consider the convenience, of witnesses. Now tho witnesses for tho prosecutic.u would have to bo brought from Wellington and Auckland, and it could bo no inconvenience to them whether the caee were heard in Geraldine or

ia Dunedin; but as Mr Mackay's witnesses! were all here it would be unfair to ask him to' ;o to the expense of taking them to Geraldii:c-,; The matters to be investigated were simply, whether Mr Luckie was accused's master oi' not, as was alleged in the warrant, and whether .lie accused had appropriated the money; and ,o settle theso diunutce tliero was no necessity, forgoing to Geraldine. Theactionof the Department appeared to him to be moat extraordinary. —Detective Henderson said the accused was arrested that morning by virtue of the warrant produced, and asked that he be remanded to appear at Geraldine on Thursday. Tho accused gave the police to understand that he did not intend to appear there on Thursday, and that was tiio reason he was arrested oh a fresh warrant.—Mr Stout: I myself called at the pojjoo office and wrote out a telegram to the inspector at Timaru to see if we could not arrange to have the case heard here. The detective lias no right to make the assertion that Mr Mackay intended to break his bail bond.—Detectivo Henderson: He said ho would not appear at Geraldino on the 28th inst. —Mr Stout said that he intended to raiee the question as to whether the accused, having beon remanded to Dunedin by an H.M., there waß any power to remand him subsequently to Geraldino.—The Bench expressed an opinion that the remand should be granted.—Mr Stout urged that the remand should ba for one week, as it was impossible for the defence to get up their caso in two days.—Detoctivs Henderson pointed out that the witnesses had all been summoned to appear at Geraldine on Thursday next; and the accused was then remanded to Geraldiue until that day, bail being allowed in his own recognisance of £50, and one surety for tho same amount. (Mr Carew, R.M., here replaced Mr Eliotfc upon the Bench.) Fraudulent Bankctptoi'.—George Hyatt was charged (on remand) with having, after the commencement of his bankruptcy, or within four months before, made false entries of his daily cash takings and receipts between March 1, 1882, and November 12, 1883, contrary to section 4, sub-section 10, of " The Fraudulent Debtors Act 1878."—Mr Harvey appeared for the prosecution, and Mr Fitchett for the defendant.— Mr Fitchett said that under tho terms of the Act tho Bench were bound, in such a case as, the present, to hear evidenca tending to show that the offence alleged was not committed with any intant to defraud, and if satisfied of this the case should bo dismissed, Tho present prosecution was undertaken at the instance of certain persons who were actuated by personal motives, and whose revenge would be fully satisfied if the accused were committed until the next Supreme Court sessions.—Mr Harvey denied this allegation,—Mr Fitchett then decided to reserve his defonce, and tho accused was committed for trial, bail being allowed in his own recognisance of. £50, and two sureties of £50 each.—Mr Harvey withdrew the other charges against the accused without prejudice.