MR RAYMOND'S ADDRESS.

Press, Volume L, Issue 14976, 25 May 1914, Page 4

MR RAYMOND'S ADDRESS.

Mr Raymond said that the Crown had sot out to piovo that Rundj e - lai j stolen the money from -Messrs Barlow Bros. The Crown had had the services of accused tor ten years, and in 191] i ]e had been appointed to an o_ko \vhic.*_ for many years previously had been thoroughly disouyanised," and, ho subniitted, soaked with iiaud from -tt>„, to stern. This young oilicer had been brought to Christchuich, and for a time, at least, he was grossly overworked. The Crown had" not traced either directly or indirectly any money stolen by Barlow passing to Rundle. He submifcted tha' (ho Crown came to the Court hopelessly loaded. It had to prove it« case up to the hilt, but ho would show, he hoped, that the circumstances, taken toge.ler. wouid point to Ruudle's iunocence. The down's case was that, though it could not prove that Rundle had taken money or thatho had burnt document-, it could proro that frauds had been effected which could only have been effected iv collusion between Rundle and Barlow. But if 'Rundle had been neglectful, there could not be established a charge of theft simply for the reason of that neglect. Rundle, lie Submitted, had not been guilty of neglect in many cases, and when ho had been neglectful it wa3 due to his being overworked. TO PRESUME INNOCENCE.

In spite of the largo number of documents presented, said counsel, the caso was really a simple one. The jury should look at Rundlc's caso from tho point of view that bo was innocent. Rundle had made certain bona fide suggestions as to how these cases might havo occurred, and in reviewing these it would bo seen that Norman Barlow could have effected the frauds on -lis own account. Barlow had to deceive Rundle, and did it by presenting prime entries for cut tobacco in place of plug tobacco. He would have preferred running the risk of discovery by Rundlo rather than run tbe certainty of discovery if ho had merely alter*ed the weight- of the plug tobacco. Ho asked tho jury to consider whether Rundle would have run the risk of discovery by tho auditors in subsequent examination if ha was really a co-couspirator with Barlow. No fraud was committed when plug tobacco camo forward on the prime entries, because Barlow know that Rundle would then weigh the cases. Rundle, commented counsel, cams to this office a stranger to Hill, who had been previously in collusion with Norman Barlow. * Tlie first entries presented by Barlow to Rundle were correct, because Barlow

was pot sure of lite ground. They' remained correct until Barlow saw that he could slip tho entries through without criminal co-operatioa on tho part of Rundle.

POSSIBILITIES OF FRAUD. Barlow, added Mr Raymond, could have como with a forged invoice to Rundle, who had been at tbo office only a short time, and would be irafamiliar with the office forms of the 'British Empire Trading Co. This at least was a possibility, • and if it wore considered reasonable by the jury tho wbolo cate of the Crown would disappear. Further, an altered invoice from the Trading Co., could have boon presented. This would nor, involve Rundle, because ho would bo

! deceived. The original invoices had disappeared from Barlow's office," and uothiug could' ho suggested against accused in this connGsion. Old invoices might have been presented and not"noticed iii-the terrible rush of business' which invaded the office at the end of tho week. It would have been easy for him to pass over a wrong date. Still another explanation was that accused placed implicit reliance iv his fellow ofErers, and it was fjuite conceivable that Hill, who had been at this ulans shed at eight o'clock in iihe morning, had effected the fraud.' In taking Hill's word accused had committed a hreach of the rules, but so bad others dono that

Hill's name appeared on at least one -of the nrime .entries, and it had obviously boon accepted by aOcused. Any due of these suggestions, summed' up ooun**-"l would -absolve accused from tho charge of theft. THE WEIGHING CHECK. Tbe other check, submitted Mr Raymond, was that of the weighing of. the gu'.r.H l'ae Crown suggested that ac ousod should have been able to dOtect the frauds by looking at the outsirlo of the oases. But in view of the actual facts this idea was prcpoftero-'s. To had it on evidf-nf-t 1 l."***t the whohvEh---" was piled up with a ma-s of goods, and tbis. was espec-if-iiv tie cure when tii'tobacco came through at the end of trie week, with the arrival of the Australian steamers. It was admitted, further, that there was "sonio laxity" in the control r" 'In? duty '-aid stamp. Mofo than t"-at o„i*te-7. Tt «*a«* stai-r*" that the stamp was available all over the shed, sind it had linen the'cm-torn for the 'anding wiiter to band the s'**j*n importers' representative. "Was j *t "air to suggest, therefore in view of ! far-ts ihni this man ■ should be j charsred with crime, aud not with riere i

liction of duty? Accused admitted having allowed toha-"*o out beforp dutr had been paid upon it, but Mr Cordorv and Mr •Crowf-er. 1 ofnc->rs. bad aho done tbis WW **skf*-t ooun ?el, bad L he C own not in-'We-l Rim-11-*. upon -"c «->*'~er ■*•*<: cr*nr_-*s? In fivo •n other officers wee i nir>i •'••••* *«1 and in one 0? them TTi'l w**«- concer-ie-1 In conclusion. Mr R.ivmond put it to the jnry that acrired _-l*onld not harr* b-*p*i charged, and that he was not guilty.