Untitled

Star (Christchurch), Issue 2163, 16 February 1875, Page 2

MAGISTERIAL,

OHBISTOHUROH.

This Day. (Before CX L. Molliah, Esq., R.M., — P.'Miott, and Q. L. Leo, Eaqrs.) The Court oponod at 11 o'olook. Drunk and Disorderly.— Wai. Qalvm, awested by Constable CartnrU, wn fbod JOj. — Fredk. Tuvtw.',arrosiad by Constable Davis at tbo Ohristohuroh Railway Station, was fined 55.-- James Stewart, attested by Constabh, Davis at tho Ohmtohuroh Railway Station, waa alao fined 5»i.~ Hamilton Shaw, arrested by Constable Watt, wot fined , 203.-— Johanr » Connor, alms Gallagher, arrested by Constable Prow, was fined ss. * Drunkenness and Indicoenoy.— Robo»;i ( Tait alias Brown, arresbd by Sergwrib * Wilson, was fined 203. DRUNKENNESS AND INHUMING FflMJUißfl. — Honvy Hopkinson, arrested by Oonetablo Barvon for being drunk and insulting females in Colombo street, by stopping and annoying them, was again brought up. Prisoner he-i boon remanded to Lyttolton for medical treatment, and Mr Boston, chief gaolor, stating that ho _ was now fully rcco roved, ho was dismissed with a sovoro caution. Drunk and li/leoai/LY on Pbbmiseb. — John Lano, who had been romanded to Lyttolton for medical treatment, was again brought up, and being fully rocovored I'rom tho effects of h?9 drinking bout, was dismissed with a caution. StEAMNG A POB'-'iftBTTBB.— GrO. WC3^ ropp, on remand, m<\ brought up, cuavgrd with an offonoo of this oharaotor, Mr Joynt appeared for tho dofonco. Robert Powrio said j I am raanagor of Mr White's saw mills, at Littlo River. Prisoner is tho post-master at Little Bivor (Gazette notice ol 1 appoirtraont handed in,) On Deo. 16 last, I made up a lottor, containing six £1 notes and a 10s piece, addressed to tho Manager of tho Bank of Now South Wales, Ohristohuroh. One of tho notes hod the word " Barry " written on tho back of it, and something olso of which I think z was tho first letter. Thoro woro n!so two or threo othor lottors on anothor portion of tho noto. I cannot swear to this, but I oan 'swear positively to tho word "Barry." I know tho roto boforo you showed it to mt. Tho noto produood is tho ono' roforrc 1 to. Tbero ia tho word " Barry " on it and tho word Jay. I am sure the forme word was on tho noto when I pub it into tho letter, and I think tho word Jay was. Sornf othor writing had evidently boon made on the'noto since I aont it to tho post. I fastened up the letter with tho notoa in it, and gave it to tho lad to post. I havo rocoivod a commui i cation from tho Bank managor respecting tho letter. ' I next saw tho noto to tho bost of my boliof on tho 26th Dccombor. On. that day I rcooivod it from tho prisonor. I had not then complained to prisoner about tho loss of any lettor. I roooivod tho noto from a Maori named Henry Tawhao on Deo. 14, and onolonccl it in tho letter on Deo. 16. Subsequently I gave tho noto up to tho police I gavo tlo letter to my eon Josoph to post amongst othor letters. I havo had no complaints of any of tho letters missing oxoopfc that in which I flont tho money. By Mr Joynt : I am quito euro it was on tho 16th that I gavo tho lottor to my son to post. It was on a Wednesday. I, in mistake, wrote to tho poot-oillpo authorities stating that it Was on tho 17th. It might havo boon a fortnight after sending tho lottor that I wroto to tho post-ofllco about it. lam sure it was £6 lC.i that I put in tho lettor. I havo said it was £7 10a. I wroto in error to tho post-oißco to that offect. I had no othor notoo in tho houso boflidoa tho six at the time I sont tho lottor. I rocoivod all tho six on tho 14th Dooombor from tho Maori. They woro not all marked Barry or Jay. Only ono was marked so. I did not notice tho numbor of tho noto till I gavo it to Dotootivo Feast, after I had received it from prisonor. I gavo tho noto to Feast last week. I don't know any person named Barry or Jay in tho distriot. I havo no othor marks but these to identify tho noto, oxoopb tho Bank ' that it was on, Deo. 26 was Boxing Day. £Thoro wore sporto at Littlo River.' Thoro was a littlo money changed hands, bub not a largo amount. Tho only refreshments on tho ground was a oast of ginger beer. I was collecting money for prizes for tho school children, during whioh priuonor gavo mo tho £1 noto produood. Ho was seated with a friend namocl Riokure, and tho latter oitorod mo 10a in gold, whereupon prisoner said, "Horo, givo mo tho 10a, and take this noto." Altogether I collootod #8 10s. I rccoivod ono othor noto bosidos that prisonor gavo mo, and tho rost was in gold and silver. I did not notice the writing on tho back of tho noto, until four or five daya af tou I received it from prisonor. I did not dirootly inform prisonor of this. I first spoko of tho recovery noto from pnsonor about a fortnight ago. I first told Mr White. Prisonor stands vory highly in tho estimation of tho public ot Littlo Rivor, and I think ho has Buflloionl; moans to Hvo well. I havo had no money transactions with him. I put tho money into tho letter on Doc. 16 with my own hands. I havo not told any ono that my wifo put it in. I am positive of this. I novcr told any ono I laid it on tho tablo with in« Btruotiona for my wifo to put it in. Reexamined by Dotcotivo Foast: It was wot when I gavo my son tho lotter to post. Joseph Powrio : I arr 'ho son of last witnoss. I recolloct my father giving mo some lottors to post in Dec. last. I don't know tho date. It was on tho Anniversary Day. It was rain? ing. I don't know how many letters my father favo mo. I think thoro was ono for tho Bank of Now South Wales, but I am not Buro. I took tho lottors to tho Post-office I nm not suro who I gavo thorn to, I took Jt»U

tho lettere my father gavo mo fco tho Postoflloo. I usually gavo fcho lofcfcors fco prisoner's c Wifo. Igo to sohool thoro. Prisonor is tho ■_ eohoolmastor. By Mr Joynt : I offcon postod lottors for my father. I gonorally post thorn c as I go in to school. I go boforo sohool 1 iimo. I vomembei* tho Anniversary Day, S bcoauso myself and my father woro going on j. fchafc day for a walk to tho top of tho hill. My father 'did nofc go with mo to tho Post, i oflloo. I did nofc go to sohool thafc day. Wo j woro going for tho walk if it was a fino day, < bufc as it rained wo did nofc go. I wont home < agair from the Post-ofHoe. Ifc was raining all ( fcho morning. I am not suro how I carried ] tho letters, bufc I think I pub thorn into my pookot. I did nofc go in a hurry. I walked ] along quietly. Ifc is aboufc half a milt) from : my father's to tho po3fc-oflloo. I did not oounfc < tho letters whon my father gavo thorn fco mo. i I am not suro to whom I gavo tho lottors. I I don't know how many letfcoro I pufc into fcho i poafc'Oflloo. I think ono lotter was addressed : to tho Bank of Now South Walc3, becauso I rooolloot notioing ifc as I took tho lottors to posfc. I don't rccollcofc whofchor ifc was thafc < morning that I noticed it, as I had takon somo i lofctors beforo for my fafchor. I don't recollect •ooing fchis particular letter whon I got to tho ' post-ofllco. I don'fc remember fche a ldro.s on i any ofcher of fcho lottors I got from my fathor i that morning. Sinoo fcho lofctor was lost my father has questioned mo about posting. Ho ; has spokon to mo on tho mattor within tho last few days. My fathor has told mo ono of fcho lefctoi'B was addressed to fcho Bank of Nog South Walos. Honaro Tawha : I livo afc Littlo Rivor. On fcho 14fch Docombor lasfc, 1 gavo somo monoy to Mr Powrio. Ifc was in singlo nofcos. • Thore was writing on somo of fcho nofcos— l think l on throo ov four of thorn. Ifc wob on fcho back of fcho notos. I oannot road English, Jf any writing has boen added to tho notes, I oould nofc idontify tho writing that was on thorn whon I gavo fctaem to Mr Powrio. Wm. Smoulfc Robison : I am fcho Managor of < tho Bank of Now South Wales, Ohristohuroh. In Decern bey last, I voooived a letter from a 'man named Powrio, rospooting a missing lottor. Doteotivo Feast asked for tho lottor ta bo produood, but Mr Joynt objeotod, saying the Bench mighfc as well allow a conversation whioh had passed botwoon tho wifcnoss and Mr Powrio in prisoner's absonoo fco bo stated. Tho Bonoh ruled fchafc fcho lofctor should bo pufc in. Examination oontinued ; I did nofc in December roooivo a lottor from Mr Powrio containing £6 10s, nor havo I dono so yofc. Sydnoy James Jago: I am ohiof olork in fcho Christchuroh Post-ofllco. I know tho namo of tho Postmastor afc Littlo Rivor. Ifc is G. W. Westropp. I do nofc know prisonor. Ifc is fcho postmaster's duty to mako up fcho mails afc Lifcfclo Rivor, and to roooivo lottors. Thore bus recently boon a oom plai nfc of a letter from i Lifcfclo Rivor containing monoy, having boen missod. It was said to havo beon addrossod to ' tho Bank of Now South Walos. Search has boon i mado for tho lottor in iho Ohristohuroh postoflloo, but without avail. Tho postmaster afc Lifcfclo Rivor was oommunioafced wifch. Tholotfc.r i complained about has not to my knowledgo i oomo to hand. Thero is an oflioial dooumonfc, —a spooial roport— sotting forth whafc tho letter was supposed to contain, signed by prisonor ; but I hovo nofc brought ifc wifch mo. By Mr Joynt : Thoro is always a mail lotter i bill sont in wifch each mail, which should bo : signod by fcho posfcmasfcor. Mr Joynfc submitted thafc tho ovidonoo was vory inoomplofco without fcho two documents roforrod to. Doted ivo Foasfc said tho tho lottor bill would only specify tho numbor of lottors sonfc in by fcho mail on ; fcho day tho letter was missed. Mr Joynt submitted fchafc tho lottor bill would afc allovonfs show by tho signaturo upon ifc whether prisonor or somo ono olso mado up iho bill, i Tho Bonoh ruled thafc ifc waa nofc material to i tho caso for tho lottor bill to bo produood. Tho i wifcnoss, in roply to Mr Joynfc, said ho had nofc i hoard any oomplaints from tho tally clerks < in tho posfc-offloo to fcho effeofc fchafc i tho lottors from Littlo River did nofc, on i any particular oooasion tally wifch fcho numbor ' in tho lottor bill. This oonoludcd fcho ovi- i donco for fcho prosocufcion. Mr Joynfc asked 1 whether ifc would bo of any avail tor him to < address tho Bonoh on bohalf of his client. Of ! course, if fcho Bonoh had mado up thoir mind > lo sond prisoner for trial, ho would rosorvo i hia remarks till a futuro occasion. His ] Worship said ho did not think thoro was any 1 necessity for Mr Joynfc fco speak, aa fcho Bonoh < wero satisfied thoro waa nofc a oaso fco sond I boforo a jury. Thoro was no ovidonoo afc all i fco connect prisonor with fcho alleged offonoo. 1 Ifc was moro than pvobablo thafc tho boy i Powrio romomborod a lottor addrossod to tho I Bank of Now South Woloa from tho faoh fchafc ho hai previously takon lotters addrossod in 1 thafc manner for his fafchor to tho posfc. Thoro < was no ovidonoo to show tho lottors had boon * posted, or that tho boy had not lost it 1 on tho way and somo ono olso piokod ] it up. Mr Joynfc said uparfc from fchis, i ho would like fco remark upon ono point, i Tho Bonoh must remember fcuafc if his olionfc '. wai dismissod, ifc was also nooossary that he < should bo considered freo from a shadow of ' doubfc in tho mattor. Ho held two onerous i appointments afc Littlo Rivor, and if fchtro wos I fcho slightosfc uncertainty of his innooonoo ifc : would bo a sorioiiß mattor for him. Now with ] respect to Mr Powrio's identification of fcho ' note, and ovidonoo fchafc ho had reooivod ifc from | Mr Wosfcropp, ib must bo romomborod fchafc : Mr Powrio reooivod a nofco from another ' person on tho samo day as ho rocoivod tho ono 1 from prisonor, and yofc ho did nofc notioo until : somo days aftor, that ono of fcbo notos was ono ; of fchoso ho had sonfc fco tho posfc. His Worship said fcho Bonoh woro satisfied thoro woi ] no ovidonoo whatovor to oonnoofc prisonor wilh fcho noto, and fcho caso would bo die- I missod. <