ALLEGATIONS AGAINST BUNDLE.

Press, Volume L, Issue 14975, 23 May 1914, Page 6

ALLEGATIONS AGAINST BUNDLE.

ACCUSED GIVES EVIDENCE.

At the Supreme "Court yesterday, tho trial of Jamee Edward Kuudle \ipon charges involving the ; theft of money from Messrs Barlow Bros., in connexion with Customs transactions, was continued before Mr Justice Denniston. Accused was represented by Mr S. G. Raymond, K.C., with him Mr i. K. Hunt. The Crown was represented by Mr P. S. K. Macassey, of "Wellington, with him Mr A. F. Wright. A POINT OF COINCIDENCE. Hugh S. Cordery, Customs officer, whoso evidence»m-chiei" had occupied three hours and a half on the previous afternoon, was again railed. Ho stated that tho first Melbourne boat to which accused was allotted was in March. 1912. Ho remained at these i boats till July 17th, 1912, but was then away on other duties till November J Ist, '1912. when he returned to tho In- j tercolonial Office, and did tho Sydney boats iv the same offices in which the Mclbourno officer was stationed. .Accused remaiaed in this office till tho end of February, 1913. "What I wish lo show by this evidence, "' commented Mr Wright, "is that the frauds occurred whfn he was on the Melbourne boats and at no other time.' , "Exactly," said His Honour. "While ho was away from the sheds on other duties tobacco was still being imperted by Barlow Bros, from Melbourne?"—" Yea." responded witness. The prime entries for tbeso __ other quantities wero made out by Norman Barlow, and taken by other landiug waiters? —Yes. At both periods, accused' was away these frauds ceased?— Yes. And recommenced when bo returned? —Yes. OTHER- FRAUDS MENTIONED. Witness said the first frauds he could trace was on September loth, 1911. Of the first four or tho whole series Hill

was responsible for two and McKinnon for two. The date of Hill's first offenco was October 31s>t 1911, and he was removed from tho shod in Decem-

ber. McKinnon's nest fraud was on January 26th, and the second on Fobruary 3rd. 1912. McKinnon left the sorvico that month, and ako tho Dominion, but a warrant had been issued for bis arrest. Rundlc went to the sheds on '>eopnibor sth. 1011. and wi* with McKiunon up to tho time he left. Mr Wngiit asiied wiuiwtt whether he thought it possible or probable that R forged iuvoico could escape detection by the landing waiter. Mr Raymond objected to the question, and after tome ten minutes' discussion his Honour upheld tho objection.

Witness further said that if a landing -iraiter were busy, another might d> his work momentarily. Bundle had doait with the primo entries and "inay-jros" of tho n : ne fraudulent oases, but iv one case Dunn had signeJ hi name abovo that of Rundto's. Three of the boats wero Dunn's, but Bundle did the work. CROSS-EXAMINATION.

Cross-examined by Mr Raymond, witness said he had the highest opinion of the character of accused. In addition to accused, Hill, Campbell, and McKinnon had all been connected with frauds with Norman Barlow. His Honour: And two out of these three men are now in gaol. ' Witness added that these three had also been associated with somo six others besides Barlow in their frauds. The total defalcations within the three •'years' limit ran into over £4XIOO, and witness f could not deny "that there might be expensive frauds further back than that timo. Witness said further that he knew for certaiu of those frauds of which accused was charged on February 13th of this year, but suspected them for some timo previously. Accused remained in the servico for a few week* j before being suspended. I "To What extent did the laxity about tho stamp obtain?" asked counsel. "I cannot say," replied witness. "I have known the importers in one or two cases to have the stamp handed to them to do the stamping themselves." Havo you crer done jt?-=—l cannot say. If Mr Archibald handed him the stamp would you deny it?—No, I would say you, aro right, probably. I don't recollect. j AN AWKWARD QUESTION. "Before these colossal frauds wero discovered," eaid Mr Raymond, "in it not a fact that a good deal of reliance was placed upon the agents who froqu on ted tbo Customs shed?" "That is an awkward question," said witness. "Wo believed these men to bo perfectly honest. I say unhesitatingly" that I believed all the men afc prosont in gaol to bo perfectly honest. Do you think that Rundlo believed thorn to bo honest ?—.Yes.

Witness said that as the stamping of the tobacco was in the interests of the merchant, tbo landing waiter might oxpect the mcrcliant to see to that for himself and so allow tin stamp out of his possession.

Was it common knowledge that the stamp was open to any importer ?—Xo, I would not say that.

In further cro&s-exa mi nation witness said he would not allow a whole shipment to bo passed out unless tho duty had been -paid. . In rare cases, and generally with his superior's consent, he had allowed a merchant to tako delivery of some small portion of a shipment beforo the payment of duty. The regular forwarding agents always had a round sum with the collector and were placed upon a slightly different footing. - * ' FORMAL EVIDENCE. Miss P: Mcßae, accountant, Barlow i3ros., was called to give formal evidence as to tho payment of tho cheques to Xorman BarlGw. j Mr Raymond said ho would admit all . this as formal evidence. Miss McI i<ao said that in some cases the cheques wore blank. Fredk. Barlow, of tho firm of Barlow Bros., said that Norman Barlow had no authority to appropriate the cheques paid him for any other purpose than hat of the payment of duty. James E. Middlefcon, clerk in the National Bank, identified the cheques produced, and said they "had been debitod in the ordinary way to the account of Barlotv Bros. j Mr Wncht said that Norman Barlow cashed the third cheque with Mrs Davis, of the Federal Coffee Palace. This closed the case for the Crown.