RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XLIII, Issue 3735, 21 September 1886, Page 3

RESIDENT MA GIST RA TE'S CO UR T.

TlMAßU— Monday, Sbi-t. 20th. (Before J. S. Beswick, Esq., R.M., and E. Elworthy, Esq., J.P.) THE COMMOK OFFBN'CB. John Scott oharged with drunkenness was sent to gnol for 14 days and John Qibb for a similar offence, to 7 days. Catherine Stephenson was also charged with a similar offence »ntl was remanded for a week on the application of Inspector Brobara who produced a certificate from Dr Drew that accused was m tho Hospital Buffering from tho effects of drink. XAItCBNY. Patrick Nolan was clmrgod on remand with tho larceny of an order for £15 on Moody and Ziesler. Inspecter Broham conducted tho prosecution and MrHauieralcv appeared for accused. Tho following evidence was lead : — Deteetivo Austin Kirby said ho arrested accused on tho morning of tho 14th iuat. m Ximnru. Accused, m reply to the charge, said he knew nothing about it. Witness got tbo order (produced) from tho National Bank on tho 13th inst. John William Bmith Ziesler, a partner of tho firm of Moody and Ziesler, said ho knew tho order produced. Beceived it about 230 on the afternoon of the 11th. It was m favour of ono John Fletcher, an employe* at the Levels Btntion. Witness handed it to Mr Scott inside a receipt book, the two ends showing. (Showed court how it was placed by him m the book.) Belie Ted accused was m the office at tho time but was not positive and thought accused left the offico about 4 o'clock. Accused had been a client of tho firm. Witness could not cay whether thore was another stranger m the office during the afternoon, as it was not the room occupied by himself. The offico Mr Scott -was m is a private one. Remembered Scott making a complaint later on m the afternoon ; Bomo timo before five o'clock. Witness knew Patrick Power, but did not know whether ho was m the office that afternoon. The order was for a call on shaves mado by Fletcher, nnd was payable by the firm. To Mr Hamerslcy witness said the firm had had ono transaction with accused, and found him^as far as witness knew, honest. Alexander Scott, clerk at Moody and Zieslor'a, said ho remembered receiving tho order (produced) from Mr Ziesler about 3.15 on the afternoon of the llfch. inst. Accused was m the offico at the time to the best of his recollection. Witness took the order out of the receipt book a few minutes after, and left it on the de3k m front of him. Accused left the office between 4 and 4.20 p.m. Witness missed tho order shortly afterwards. There were no other strangers m the inner office between tho time witness received order and tho time ho missed it. Knew Patrick Power, but he was not m witness' offico that afternoon. Patrick Power, farmer on Jjovels Plains, deposed to knowing accused, who had a contract with witness to cow oats at Makikihi. Bomembered coming into town from Makikihi with accused on the morning of tho 11th. They put up their horses at tho Molville Hotel. Witness went down the town m the afternoon with accused, and recollected his showing witness an order, something similar to tho ono produced, and also recollected his asking witness if ho (witness) would get it cashed at Nowey's Hotel. Witness, however, refused. That was sometimo about two o'clock m the afternoon, but witness was not sure. It might have been a good deal later ; witness had no clear reoollection as to the time. After witness refused to get the order cashed, they went to Stone's Hotel, where accused presented the chequo, but the man at the bar could not cash it. They then came down the town again aa far as tho Timaru Hotel. Accused asked witness to get it cashed thore. Both parties went m. Witness called for two drinks and said, " This is the money I have got. If you can't change it I don't want the drinks," and tendered tho order to Mrs White. She passed it to Mr White, who said be hadn't change for it. Nolan said if he had a smaller cheque that would do. White, after deducting the cost of tho drinks, gave witness £4 183 or £-t 19s, and a £10 chequo. Witness gave cheque to Nolan, and kept the £A odd, as accused owed him £5 or £6. Witness afterwards got the chequo back to get it changed, at accused's request. Took cheque to Grosvcnor Hotel, whoro witneia got it changed and gave the chango to Nolan. Mary White, wife of Francis White, licensee of the Timaru Hotel, said sho remembered on Saturday, the 11th inst., accused and the last witness coming to tho hotel about 9 or 10 o'clock at night. Power presented tho order (produced) and asked witness to cash it. Witness handed it to her husband, who was there at the timo. White gave his owncheqiio as a portion of the amount and cash for the balance. Francis Whito, licensee of the Timaru Hotel, said his wife gave him the order (produced) on the night of the 11th to cash. Power and Nolan were m tho bar at the time. Witness asked them if a cheque of his own for part

and the balanco m cash would do. Ono of them, witness believed it was Nolan, snid that would do. He then pravo Power the change of tho order. Paid the order into tho Colonial Bank on the Monday morning. Accused reserved his defence, and was committed to take hia trial at the next sittings of tho Supreme Court m Timaru.- Bail was allowed, accusod m £150 and two suroties of £75 ca h. Tho Court ot 12.10 then adjourned till 2 o'clock.