RESIDENT MAGISTRATE'S COURT.

Wanganui Herald, Volume III, Issue 511, 21 January 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

vj-mI.-i u-»THIS':DAY:.;-:: ■.::,,: - (Befpre.;.Wnlter fuller, Ksq., R.M., and Keginaf%^oi3n JK'encl^rson v?.'JoW JI. Thfe k-lefenaantf HVas -'accusedof TraiicTu-' lentlytfestroyiniTj onithci 28th'8eptl ]ast,irt ) promissory mote,, the property:o£ plaintiff,by te^rin^itjupand putting [it; in the fire. Mrj^obprts appeared fQr,the;prosecution, apji'^f£'i£eon'.'for thejclefence,, ; \ rl"he 'case for the proseciition ha'vintr' been stated, the first wilnbsVsv'as'call'ed Jofift'^ He'm!ers!o\i-^ln September last I recdv'^d,aV]s]?ortiisfebfymoteJ frotiv "Wil- f liam i^ikmian;for'£l! <26,-.'in J fayor oCHen- : derso^g^flo-Kaul/jciit; : wds-.dated I.4XU t • Septernjer, andfipayable; -$t^ I th,ree; mont}}s , d a te;T^%i,w^^p^^yßite after receiving the hiH.to fV get him to endorse it ; I showed hi^^biU-Pe^ 1

Qised doms it lintil ,he isajr Aikman, ■$>ni as hfe,,(^l^ma'n) Ar^ insolvent, be didn't'see he could do it at all; I then left and deposited the bill in the Rank of H^Z XI sa-w thYbill jOri the 28th Sept., sbef>een 7 and 8 p'elock p'm , Aikman \\is pcrfectlv at^thai.time ; I have ne-\ci seen the "bill since , T applied to AiUman for the bill on the following morningvbut did not get it.

Ry Mr Keon—l had other, bill transactions, .with Aikman twice; both were dishonoicd, he left land scrip wiih me as T ennnot sny -whether I offered the scrip as security to .Mr

ichards if be endorse the bill; I think I did/ tell P.ichauls that Aikman" had left the scrip with me ; I parted possession with the bill ; -I- g-nve my con- ! sent in the r ,presence .of, the .Manager of j the hank for Aikiriari 'fd take-away the bill and relnr.n.it .at.. 10 o'clock the next .morriing'V 1 applied •to *rAikrnan' for the bill; Mr ( Picbards. never pffered to replace tlie bill': I was perfec'tly'sbber the nio:htthe>bill.>vas.taken-.away,.- ■< ■•;- . • i' |Ey the'Court—lt was a usual pro_m'issory!npte"'on-. ra::printed forni. ;> I believe I endorsed the note before I,took vtjto the bank. .-*> ■ *'. r-

:) ;W. H. Eussell, Manager of the, Bank • 0 ( N.21 said;: 'Irecollectreceiving- k pro-*' missory note in ,the month' of September fpr £'i26,'ma'de;by Wm Aik'manin favor of. Henderson ;>( and Paul,,payable-three mbnihs afterdate. "It Was offered for di ; scou.nt;in. ( rene / wal. pf pn,e .-for -£:1^0 : ; Henderson 'endorsed it in bTank when he left it with me ; it is jvnjin variable prac-i tice that a person leaving a bill at the. j bank/shouftLha've it endorsed; Igave-ttfe-i bill to Aikman _ : to,|get ; it. endorsed:by ! Richards. This occurred ontlie 28th Sept last;. Henderson ■was'p'feent at the time, arid .was,,perfectly sober ; ..I,believe Aik.- • maivAVas sober { Mr 'Kicliards'called on me on the mornin^.'oftlie'29th Sept; he then-tofd me he .could not deliver Tup the) I)iH, as he had destroyed it the previous evening ; I told placed, him self in a very;a?vk.waVrjd.'''p6sitiqfj'" by destroying the bill, and that he-- iWpu'Tcl be sued fov. the amount of the bill^ and _he said^ "Do it, sir; doit, sir.""" " -.■■■",' :

TRy ,Mr, Keqn^-I-sent for'Mr IRicharcls pn the 29th .Sept. ;,«be,did-not-.then offer ..to replacp;-the P. ; N.;, Kevsaid Aikman wasT])s6lybrit'{ Henderson and Paul did not offer niie':aTiy security; I had in my popsessiori two 'land' orclers,' and a cohvey.ahce with one of them ;• I did not :titffer the accused destroyed the bill by mistake; neither of the land orders is made, qyeiv to NTrsHendersom i -

, Wm/Aikmaii—l,f aiii ; .a storekeeper; in the month of September I made a P.N. for'£t"26 in -favor of PauVand Henderson ; I gave it to ,Mi'.Henderson.;. I went to the bank for the bill in July or August; Mr Russell told me to bring back the bill I? had ;got ,the:, previous night from Mr Hemki-son ; when I took the bill .to-my; house Mr Ricbafds'itobk the bill,"tore it up, and put it into the grate; I have had bills- endorsed by Richards before : there was nothing said about _?nny s insolvency;. I went ;; tp see/the "ajccused on private business,!;.,-, .-. : < \l TKe' \yitness, who gave his^evidence in a most excited anil incoherent mariner^ and A\ fa's evidently uriddr' tlie1 influence'of drink; -.was,' at 'this stage; of the proceed^ings, given in charge of'the police, and the, further hearing of the case was adjourned until Monday, at 11 o'clock.