R. v. 5. Cuirros, Embezzlement, F. G. Jarvis, sworn, stated—T am a house painter and contractor. Defendant has from time to time collected bills for me. He has done this for the last two or three years. He had ao fixed rate of wages; I would give him a little as he got in the bills. I had a bill for Tls. 234 against Mr. Lindau, which he asked me to send in to him. I directed defendant to take him his bill and get the money. This was on Tuesday. Lindan asked me the same day at 5 oclock (his shop is next to mine) had got that money. Isaid I had not. He added he had paid Clifton. "I said it made no difference as I should see him (Clifton) some time. didn't sce hu that day. At 8 o'clock when I returned homo I found the paper I produce, on my table.
"Dear Jarvis, Tleave $134 dollars and Lindau's bill and $18.00 I leave.
Yours, ete., There was no money or bill or paper of any kind. I went to his house that evening, but he was drunk in bed. Next morning he came to my shop, and Lasked what he meant by leaving the chit. Hisreply was, "Did you jet the money?" [said it wasn't likely that did, since none was left, and requested him to.go tothe house with me and point.out to where he put the money.~ He said he wouldn't. Chaye since ascertained that he left no money tHere. I'll call witnesses afterwards to prove this. Ho has never before Jeff money anywhere for me. He has either paid it over to me, or if he couldn't find me at the time, kept it till he saw me.
By Derexpaxt,—I returned homethatnight atSo'clock. [didn't tell you next morning that it was past 10 when I returned home. There was no Chinawoman there.
Defendant did not care to ask any more questions, but wauld make a statement as the prosecutor had. ey " toa great extent Tuesday 1 hada bill to collect from Lindau. I went over to Lindau's and asked him that as Jarvis was hard-up would he make up his account against him by 3 o'clock, and I would call and get the balance that was coming to Jarvis as I had orders to deduct Lindau's bill. He promised to do so, and Lealled again, 'Tfound Lindau's bill to be $13 instead of $3.qr4 as Jarvis had told -me he thought it was, but as I conceived I was ordered to deduct' Lindan's bill whatever it was, I did so, and received the balance $13.50, which with Lindau's bill for $18 made $31, the equivalent of Jarvis' bill for Tls. 23.50. This was about a quarter or twenty minutes after 3. I took the $133, as I couldn't find Jarvis in the shop, to his house, and left it on a table in his room, together with the note. Next morning I' went to his sho} early, as I knew that if I didn't do 60, I had no chance of seeing him during the day, and. asked him if hehad got the money." He called me a son of a b—and struck me on the nose and bled it. I didn't return the blow for about half a minute, but looked him in the face, and then retaliated a little more than he liked. He sang out "enough," and sent for a policeman. am not in the habit of fighting, particularly with a European, but his striking me on the nose was a little too much, The Puoszcoron said it was defendant who struck him first. He had not referred to it in his evidence, because he thought it had nothing to do with the case.
His Worsure didn't want, to hear anything about the assault, as the charge before him was not one for assault.
Derexpaxr said the whole row arose from Lindau's bill being $11 instead of $3 or 4.
Prosecutor to Court—I did direct him to pay Lindau's bill against me; whatever amount Lindau claimed to deduct, he was justified in short receiving from the is, 23. T didn't know the bill amounted to $18, till I got Clifton's note, and conjectured that the meaning he -iitended to convey by it was, that Lindau's bill against me was for $18.
Gzorce Lixpav, sworn, "stated—Accused applied to me about 2.19 p.m. on Tuesday for payment of a bill of Tls. 23,50 due by me cuter, and I paid the balance 'GI: 10) to the to Jarvis. Thad a bill for §18 against prose-
accused. I at first wanted him to come again, as Iwas busy, but he said Mr. Jarvis wanted it at 3, and so, having found my account Jarvis, paid hit, and he took away my bill and went off. I asked him next morning if he had paid Jarvis, I did so because Jarvis had told me on the prev afternoon that he hadn't been paid. Accused's answer was, "Yes, I paid him about 4 clock." Out a second occasion, when I asked him again (as Jarvis had again denied to me received it), he said he left it in his room ona table. I asked if there was anybody to receive the money. He said, "No." Tsaid, You must have been foolish to have left it on the table and gone away." He said he had done so on several occasions.
Witness went, on to say that he had been told that defendant was remonstrated with in the "San Francisco House" tavern, by a oon ko knew, against spending the money: defendant had with him then, which was not his, Defendant's reply was that it was money which he got from Jarvis as commission on monies which he had collected for him, His Worsuir said that that was no eyidence. The person who made the remonstrange must appear and testify to it.
The Prosecutor applied for an adjournment to enable him to procure the attendance of the witness, Prosecutor to Court—I live in a house about three minutes? walk from my shop, I have a room in the house. There was no other occupants in that part of the house. The door of my room is never locked. There are no servants whatever on the premise:
Derexpaxt—What, was there no China woman?
Prosecuror—Did you hand her the money.
Prosrcuror to Court—There was no Chinawoman in the house that day.
Adjourned till 10.30 a.m, on Monday.
'9th December.
[Adjourned from the 7th inst.
Joux Sxxoxs, sworn, stated—I know the accused. Iwas in his company on Tuesday evening, between 6 and 7 o'clock, for a few minutes, in a tavern on the French side. Ho had some dollars in his pocket, as he jingled there with his hand, He asked me to drink with him, which Tdid. I advised him to be careful with the money he had, thinking that it was money he had collected for other people. He answered it was his own—he fe had collected. of it by way of commissions on the accounts By defendant—I had only one drink with How much money you had in your pocket. fou—it cost about sixpence. 1 cannot say
You were alittle drunk then. "I have been in your company when you had a few dollars in your pocket.
Text read from the printed page and cleaned; old type leaves the occasional error.