ASHBURTON.

Star (Christchurch), Issue 3488, 16 June 1879, Page 3

ASHBURTON.

Satubdav, June '14. (Beforo F. Guinness, Esq., R.M.) ' At/obobd CnAHGB or Obtaining Monet by Paibb Pbetencbs.— The case against James Daly waa again resumed. Mr Purnell for. the, prosecution; Messrs Ireland and M'Connell for tho defence. John Mile-*, sworn, said : He was a labourer, and had Workod for Daly last harvest. . The men got a guarantee from Mann to finish tho crops. Kellagher asked for the guarantee. Mann said ho would havo given the guaranteo when they went harvesting first, had thoy asked ,for it. There were hot words, and Daly was ordered to leave the office. Mr Mann said that hia word would be believed before Daly's. Witness, was ordered out. Daly went in again after ho was ordered out. Witness saw Daly inside the office the eecond time. Witness would ' not swear that Kellagher never got any money from Daly. Witness never got any money from Daly although he had asked him for money. Daly always said the men should be paid. Witness heard Mann say he had paid Daly for the harvesting. Oould not swear what sum wds mentioned. Daly proposed to witness to go to see Mann to get money, and stated that he did not believe they would refuse to advanco it. Daly said he was in the samo state last year, and that they stood •to him. Witness meant by thiß that tho firm had advanced tho necessary funds. To witness' knowledge the harvesters woro not paid by Daly. Witness never saw young Cronan get anything ; and no never told witness that ho got anything, ilf ter ho leffc harvesting, Cretan eooked for all hande ; was afc it more than a week.' For this workho was to be paid by Kollaghcr out of- the money he would get from Diily. When Mr Manri charged Daly with having been paid money For tho harvesting, he Baid it was not for the harvesting he had received the monoy. Mann replied it was for the harvesting. Mann eaid ho had sufficient proof that the money was given for tho harvesting, and that his clerk or the banker would tell them if they asked them. Mr Mann said fchey (the men) were foolish, and thafc thoy did not know who they wero working for. Daly never told us that Kellagher had been paid. The witness' party bad proved against Daly's qstato for theso wages. Witness understood from what Mann said thafc if thoy had gono to him before tlio harvest he would have given them the guaranteo instead of giving Daly tho money. When they went with Daly to Mr Mann the harvest had been on about six freeks, and was finished a fortnight afterwards. <<Hv H. Boyd, agent for the Bank of -New Zealand at South .Rakaia["sworn, "-"said ; M*l£errovr and Co, had' an account at tho Bonk. About Jan. 2ff last theßank guaranteed an overdraft for £200 for Daly. Daly wos.aufchorised to draw on the Bank to the extent of £200. -DaLy eould, had.ho wished, havo drawn the whole of the amount next day. M'Konrow and VC6. r eouM have stopped tliis .overdraft afc any time. Witness would* have told Maw if the amount had been exhausted, bait not tho purpose to whieh the. money hod been applied if he had known it. This would have been* Bonk secret. Would have told what the onsount of the undrawn balance was afc any time. Daly commenced to draw on the overdraft by cheques and bills. He exhausted the £200. M'Kerrowthen guaranteed a further sum of £50. This sum was also exhausted by Daly. This £50 .eould have been, like tho first sum, drawn out immediately by Daly. jDaly never had but one account at tho Bank, nnd witness produced a verified extract from the Bank bookß showing that part of Daly's account referred to. Witness then produced th# Beveral cheques and bills referred to in the account. Referring to tbese sums, witness wid that the Bank bad received a ohflfjue from M/jfoirowY

to cover the amount. . Daly tid witness at the tune tho guarantee was giva that he had two bills to meet. Didn't nention tho amount the bills were for. lann had told witness the overdraft was for hrvesting purposes. Mann and M'Kerrow hd no control over the^money,, unless, thoy hd. chosen to. withdraw the gnarantee. ;■ rWUess-had'no instructions from Mr Maim as > how Daly -was to draw on his account; Tought Daly was a. debtor to r the ban^afc ho time the guarantee of^SO wa3 giren." Then witness got the guarantee he .would hae let" Daly dra^r to its 'full extent;' ahd'priiapl a few pounds more. . . Daly was to give the' firm a statement of his affairs before rceiving the guarantee. . • Daly ■ said he . only ranted 7 tho money to carry him through te harvest. Daly placed' the- guarantee ; occftnt to .his ordinary account. , Had -he ; pladd ' ;fc tbiiis special account, the witnesf wou^not'haVb paidante ; ddtca cheques. Jamea Lampard said ho wos. clerk to Ri M'Kerrbv arid ; Cb.' Remembered making out aStatdsmbt' of d'efen'daht^s property in January last. " The'de*; fehdanfc'gave witness the particulrs. ' -Tho statement' purported to be all the'property! witness Supposed,' subject tb thebii.pf. salfji. Witness understood the object" of his "statement was to -show what the .firm cold realise on. Could not 1 say when Daly got th guarantiee for the £200. : . Did. not kiiow at the time- tho £50 wbb advanced tliat he £200 had been spent. Furnished ah acount to Daly two of three days before theguarantee for £200 "was given. Mr Mam would know of tho account beirig furnished. Daniel Sullivan; labourer, living 1 afcAehWfynj, said ; Was recently 'placed in possoisiph If gome horses, at Highbank, seized by' M'fierbw and Co. under a bill of sale.' Had prev'louly these horses in Daly's possession , r Neither: Belle, Blossom, t nor. PloWisr' were imorigat; them.' 1 ' Afteii the' Bench, had briefly ftimme.d Up tho cose, the accused .was formu.lV' v com(inittod tb take hiß trial at the next siting of the Supreme • Court ' a*; Cliristehurcl'i The accused, who reserved his : defence, vas adinitted to. bail in tho sum of £300 aid twb sureties of £150 each.