MAGISTERIAL.

Star (Christchurch), Issue 7922, 29 January 1904, Page 3

MAGISTERIAL.

— —-* CHRISTCHURCH, Friday, January 29. (Before Mr E. O'Connor, J.P.., and* Mr W. Hayward, J.P.) v Drunkenness. — Two first offenders were , each fined 5s and costs, in default twentyiour hours' imprisonment. — James Dunlop, with three previous convictions recorded against him within the last six months, w-as sentenced to one month's imprisonment with hard labour. Indecency.— Percy Barneft and Margai- : ret Ellison, alias M'Kerizie, wer e found* I guilty of having committed a grossly indecent act in Latimer Square on January 28. They were also both charged wiht having been drunk on the same date. They were each sentenced to six months' imprisonment on th-4 first charge, and) on the second Avere each fined 5s and costs. Vaghancy.— ' -Margaret lies, alias Thomas, was brought up on a charge of having no lawful visible means of support; The accused pleaded guilty, and was sentenced, to two months' imprisonment. The By-laws. — For riding bicycles on the footpaths, Vivian Manson and James Dunlop were catch fined 5s and* costs. — A similar charge against Granville Beauchamp was adjourned for a fortnight. A Chabge Dismissed. — Frederick Jensen*, on remand, appeared before the Cburt on a charge- of having, on January 12, assaulted one William -Marshall, and 1 robbed ■him of the sum of £5. He was also charged with having, on January 13, at Christ-church, stolen the sum -of £20 from some person unknown. Mr Johnston appeared for the accused. Sub-Inspector Dwyer said that the police found it impossible to trace the whereabouts of the man Marshall, and were consequently unable to offer any evidenoe. The accused was accordingly discharged. Alleged Mis Arpitopiti ation of Money. — Jonas Aric Persson, a Swede, was charged on remand with having, on December 13, at Fendalton, received from Thomas Hobbs the sum of £3 on terms requiring him to account for the same to Walter Harvie, and with having fraudulently omitted to account for £2 thereof. Mr Donnelly appeared for the accused, who pleaded not guilty. -Walter Harvie said the accused was iri his employ as canvasser and collector. He obtained an order for a picture from Thomas Hobbs, through Persson. The price' was £3. Persson stated to wjtness - that he received £1 only from Hobbs, and signed a document to that effect. Later on he discovered that the amount paid to Persson was- £3 10s. This was an overcharge, and witness had since refunded 10s. The accused's commission on the picture would be £1 Bs. It did not matter to witness what price Persson-got for the pictures. Elizabeth Hobbs, wife of Thqmas Hobbs, Feridalt'on*, said she gave Persson an order for an enlargement. The price should have been £3,. but witness paid accused £3 10s. She paid him 10s when she : ?ave the order arid £3 on delivery, De,£ec- i tive Ward, said that when arrested the ac- j sused admitted keeping the money, but said he was entitled to retain his commission. Mr Donnelly said Persson and Har-ir-ie were actual!^- partners, and the present jbargfe was the outcome of spite. It was r>lain thatthe canvasser was entitled to retain, all the money he received for the pic-*** tare with the exception c<f £1 12s. There *vais*no evidence that Harvie ever asked Persson for a statement of accounts or for i,n explanation. The agreement between* Elarvie and Persson was quite unintelligiaky and he (Mr Donnelly) could not say ■v-hat it meant. The accused stated that he iccepted different prices for the pictures; sometimes ihe sold pictures for £3 10s and sometimes for £2 ss. >■ He worked with. ' iarvie for nine yeairs.;' W.h en witness spoke >f going for a holiday Harvie threatened to end him "across- the hill." He went to Sydney for his holiday, and on. returning o Wellington was arrested. He considered ie was entitled to retain £2 of the siim eceived .from Mrs Hobbs. The Bench said hat the transactions -between Persson and larvie were not ccaiducted in a business-like nanner. There wai-s no clear evidence of raudulent intention on the part of Persson, md ho would foe discharged. Five other harges of a similar nature were struck out^ n the application of Sub-Inspector Dwyer. i i