RESIDENT MAGISTRATES'COURTS.

Timaru Herald, Volume XL, Issue 2949, 6 March 1884, Page 3

RESIDENT MAGISTRATES' COURTS.

G-ERALDINE— Tushdat, Maboii 4. (Before H. C.Badduley, Eiq., 8.M.) BMBBZZr.EKSHT. Joseph Mackay wan further charged on tbo information of D. M. Lnckie, Commissioner of the Government Insurance Department, with embezzling ou the U)tu January last, the sum of £1 6* 6d, received by him on aoouunt of the department, from P. Georgeson, Qernldine, and on the 17th, tho sum of £2 2s 4d received fromGeo. Wood at Woodbury, and on the 18th the sum of £1 12s, received from Geo. Bethune, at Goraldine.

Mr White conducted the proteoution. As tbo evidence in this cme would be the tamo as in the previous one, except as to tbe sums alleged to have been embezzled and tbe per»oD« from whom tbev were obtained, it was nrran^od at the close of the first cano, in order to shorten the proceeding*, that l.tui eridfhaa for the prosecution ibould be abbreviated and that the witnesses should not bo cross-examined. Accuaud contented to this armngemf Lt, and consequently Mr Perry, who hud conducted the defence in tbo first case, did not go to Greraldino, leaving it to Dr Foiter, who hud acted with him and who roaides in Geraldine, to watch the one for no cused. Ihe prosecution were therefore surprised wheD the accused on the case being called announced that ho was going to conduct hit own d'ifencs and would go into the matter fully, and hinted thut tho inquiry would probibly occupy three diijs.snd not imponnibly as many weeks. Mr Luokie,theOommi»ioner, having given evidence similar to that givon by him in tho first case, wes cross-examined by accused for four hours, the gioator portion of tho time boiDg watted in questionn on irrelevant subjects, lit Thorns, tiupiirintoiiv dent of Ageati, who ww one o£ tbe pttopipul,

i witnesses in the first case, was not called, Mr White foreseeing that if culled his cross-ei.- --> amination would bo intorminable, und when " Mr White closed his case without having culled him, the accused vma taken quito aback. Ho Tvishei extn'inely to havo his evidence " under cross-examination as pirt of hia do--1 fence. At uccused's request a subpoena was 1 issued, but Mr Thome, on being told he > would not be called, had gone for a stroll and • could not be found. Accused, after being ' charged, commenced to address tho Court 5 very deliberately, keeping a look out for Mr | Thome's appearanco. He ta'kad very irre!vantly, though continually checked, and ib ' lenuth admitted that ho was only talking ■ agaimt time till Atr 'Thome appeared. Tb-3 1 Magietrate'spitienco was severely tried by this. andheperemj tml}- ordered the accused to o -r« 1 fine himself t-j tha facie alleged against him, ' and as he coul-1 not. do this he was compelled ' to stop. The Court sit continuously from i ton til) half-past five, and the deposition*, not a fourth of which ara relevant, fill somii ; five-and-twenty pa,;oß of foolscap. Accused 1 l>y his manner irrituted cveryona engaged in 1 tho case, and ths Magistrate several timeu 1 threatened to commit him for contempt. 1 Accused, with a m'irtyr-like uir, begged him not to hesitate about, doing it, but con«idora- ' tion for thr conveniunce of others saved him 1 from incarceration. Accused was committed for trial, bail being allowed on the sime terms aa before, himself in £100, and two eurotios in £50 caciu