NELSON RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume IV, Issue 708, 8 September 1870, Page 2

NELSON RESIDENT MAGISTRATE'S COURT.

(Before the hon. T. Renwick J.P. and 0. Hunter Brown, Esq., J.P.) Feiday, Sept. 2. Francis Harris was charged that he did, within six calendar months now last past, being then tho servant of Oswald Curtis, Superintendent of the Province of Nelson, feloniously steal, take, and carry away certain moneys to the amount of £1231 3s 2d of the moneys of and belonging to the said Oswald Curtis, his employer. Mr H. Adams, who appeared for the prosecution, stated that Harris had for some time been Sub-Treasurer on the West Coast, where large sums of money had been passing through his hands. It was his business to send up monthly balance sheets, but for the last few months he had failed to do so, and now, on being called upon to produce his final balance sheet, was unable to do so to the satisfaction of the Provincial Auditor, who found the deficiency named in the information. The Auditor's would be the only evidence produced to-day, as it was necessary to bring a witness from the West Coast.

At the request of the accused, all witnesses were ordered out of Court. H. D. Jackson: I am Provincial Auditor. Harris was acting as SubTreasurer at the "West Coast, and as such was allowed to draw upon the Provincial Treasurer for sums for which he afterwards sent up the vouchers. It was his business at the end of each month to send up to the Treasurer accounts of his receipts and expenditure, together with the vouchers, which were then sent to me to audit. These statements were initialled by Dr Giles. About the middle of March I received the monthly account to the end of February. Since then we have had no accounts of any kind from Harris until lately, when I have received bundles of vouchers from time to time, but no statements of receipts and expenditure. I have applied to him for them several times. He has produced his bank book. In it are sums with which he i 3 credited, but for which he has not accounted. I make out that he has received since February from the Provincial Government £18,501 135., and from the "Warden at Cobdeu £IOO. He has produced vouchers for £16,640 2s 10d,. and there is accounted for by other statements I have received from the Coast £731 75., leaving a deficiency of £1231 3s 2d. There are errors in the amounts stated in the vouchers, from which I have compiled my accounts, which I believe will eventually be found to alter the deficiency one way or the other. As Auditor it is my duty, when the accounts do not appear correct, to summon the parties before me. I had Harris before me and asked him to explain the deficiency, when he said " I do not think it will be right for me to answer any questions you put to me now as my replies might be used against me afterwards." After that I did not invite any further explanation from him.

Cross-examined by the prisoner: Tou were the only paymaster on the Coast responsible to the Treasurer. I believe you were instructed to advance to the Wardens. You were paymaster at Westport. There was another at Charleston, and another at Cobden, w.io had to account to you from whom they received the money. The vouchers you sent in included vouchers from the other paymasters collected and collated by you. I consider you were personally responsible for all the moneys advanced to the Coast, as tho advances were made upon your own orders drawn upon the Provincial Treasurer in Nelson. Tour vouchers were not sent in after March, in accordance with instructions issued to you not to forward them until after the passiug of the Appropriation Act. Your reply to me, when I asked you to explain the deficiency, was that you I

declined at that time to give any explanation. Ee-examined: The reason Harris was told not to send in the accounts, until the Appropriation Act was passed, was that the payments had to be classified under the different heads voted, which could not be done until the Act was passed. By the prisoner: Owiug to the Appropriation Act not being passed before the end of June, and for other reasons, you could not have sent the accounts in much before August. By the Bench : I think when all the accounts come in that the deficiency will be found to be larger than that I have already stated. Prisoner was then remanded for a week, in order to allow evidence to be produced from the Coast to show the exact amounts received and expended by him.