MAGISTERIAL.

Star (Christchurch), Issue 2714, 9 December 1876, Page 2

MAGISTERIAL.

OHRISTOHUROH.

. ./ This Day. (Before G. L. Mellish, Esq.R.M.) ' The Court opened dfc flvb minutes past 11 O f olooltr «': : :-.. i '■ '-i I -■■■ '■"■: BirnatAnT. — James Fitzgerald was brought up ohittged with^having-brofcn 1 Into Mr Abrahams' premisoß.in Mancho^tor street this morning. From the (jtidenoe^t'fippeared chat about 5 o'oloot km;, Mrs Abrahams was awakened by hearing a noiao at tbo dressingtable in her bedroom. Her -daughter was •looping witfr-her at the time. They both jumped up and seized prisoner, who said he wished to aoe Mr Soott who was a lodger in tho house. Witness and, her daughter held prisoner until, in rdply to their oallij Mr Abrahams and .Mr. Soptt oame to their assist* anoe. The door of the room was fastened but not looked. The Rev E, A. Soott, on retiring the provious night, had loft- the, window of a sitting-room open, b,u|i cquld not say if heseoured the door leading 'into tho passage. Prisoner was a follow passenger, and had asked Mr Soott, on one occasion, tto ,holp him to get down to tho North Rangitats. Wfioo pritoner was givonintp the oqatodypf-Constablo, Walker, torieonor aaia he was drunk' and did not know how ho got into the room, but the constable, In evidence, asserted that he was sober. On. examining the premises, a window leading into a front room was found' to be open, and there wero footmarks evidently quite freah in Its vioinity. Mrs Abrahams eaid she could not Bay whether prisoner j-had opytbiDg in his hand or not when she 6^ hin^ at the dressing^tablo. Inspootor Buolcley the Bonoh that thero was anotbor. charge against prisoner, and he would aak for a remand, in order that tho neoesßary evidence could be obtained. Prisoner, was romanded until Fri> day noxfc. ' " " ' . . Teansfbe of LiOENSB^—The Hoonse of the 'Albion Hotel was transferred from E. Maples toR. Eitts; and that of the Selwynr Bridge 'Hotel from J. Wood, junr., to Wip, Jamas, I Embezzlemhkt. — John^rookawa»broughk up on remand, charged wHh havirigembeazled certain monies belonging to his late employer, iMrWrViOTjr. - MrO'Neirappeafea'fbr ifie dofenoo. Detective Neil said when prisoner ■was arrested, ho said that Viney had taken jout the warrant through spite. W. Viney, isworn, said- prisoner oad -been about 16 months in his employ, and left him a fortnight ago* last Monday. Prisoner's duties i were to deliver' "breSa, ?ebeivo money "YronT (ous£pmorS| and aooount for ■it each eveoiDg. IThO amotnts accounted 'for by prisoner woro entered ]in tho cash-book by witness or witneik' book-keeper in ' prisoner's jpresenoo. tin October, a bill for 1O» Ojd was j given to^priioner for a customer « named ! Milne. Witness had never recoived. the I amount of this' bill. The signature on the I bill proddoed was in prisoner's handwriting. ! By; Mir O'Neil : \He booked the deliveries of I bread* and money accounted for by. prisoner < three or f dur timer per week. Prisoner had mover complained of not being able to book op ; owing to if itnesi beitig drunk. The cash-book j prod uoed (i was not the book in whioh theie lentrieii w#re made. It was a oopy from the jorigiHal. He h44 stated that pnsonef |>ad jdefraudediihim 6t £70, bebause that was the ; amount short inithe cash-book, but he never said prisonor had defrauded him of £400. Witness Was never drunk but once. He paid prisoner £2 per week wages, and told him to render an aooount of the monies received, and deduot ths amount of his wages. In booking witness took down the number of loaves' . served whether payment was made or not. ■ There had boen numerous oomplainta by ouatomers of aocounts whioh had been rendered i after boing" paid. This ocourred in cases } where prisoner had aooounted to witness for >the money. ] There had been opmphunts i about the way in whioh witness* books were : kept. If it- had not been deteoted that the joash-book produced was a reoent oopy of ! the original, to lead the Court to believe that the cash- book produced was the one in wbioh the amountß were entered at the time of payment, ho would not think such a course unfair to prisoner. He had not given as a roason for negleoting to bring the original oaah-book to Court that he was afraid of the lawyers seeing it. He had not asked prisoner to aooount for Milne's 10s O&d before com* menoing the present proceedings. He had never told Thomas Menon that prisoner had defrauded him of £70. Mrs Milne proved the payment of the 10s o£d to prisoner. Two other charges of having embezzled lls Id and 9s 6d were noxt gono into. Receipts for these amounts, bearing prisoner's signature, were produced, and Mr Vinoy said neither of the amount* had been aooounted for to him. After the evidence for the proieoution was concluded, Mr O'Noill asked for a remand until Monday in order that he might oall witnesses for the dofenoo. His Worship granted the request, prisoner to bo admitted to bail in two sureties of £50 eaoh.