THE CROWN'S CASE

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

THE CROWN'S CASE

Mr A. F. Wright, in addressing the jury. said that when Rundle came from Wellington in December, 1911, the frauds had been going on for some time. Ho and MeKinnon were in tho office up to February. In the cases between Barlow and Hill there was no suggestion that old o: forged invoices were produced, and tbeiei'oie Mr Raymond suggested that Barlow had completeiy changed his metbo_s to dupe Rundle. It was impossible, said counsel, thnt a forged invoice couid have been sent to Norman Barlow by the British Empire Trading Com. any. Ia regard to the suggestion teat Hill and Barlow acted in collusion in more than one of the cases, Mr Wright claimed that tha prime entries bore marks on their face which showed that Rundle was the lauding waiter implicated. Another point wag that Barlow was carrying on the frauds before Rundie came, and ho alee persisted xn carrying them on afterwards. Was it conceivable that he would cany on these frauds with a mim who wag not in bis confidents, when tho slightest «li»> would have exposed the Whole thing? He submitted' that ho would not, nnd that thin point we., presumptive -vide-iee of guiit. Th*>.**» j -tad been, ho adroit-led, on atnaziiii. j

amount of laxity, but, however lax tha office was, porniissJon had always te be asked to open the eases. If Kund'e was not in his cocfidenco. Barlow had to run the continual risk of his one day doing the stamping himself. Counsel submitted that tho .fact that tho frauds ceased when Rundle left the sheds was noteworthy. He admitted that Rundle had been overworked at some portion of the time, hut during the last three or four frauds Eundlo had an assistant, and was not overworked. He had plenty of time to compare . the invoices with the primo entries.

•'You _ust look at the wholo circumstances," concluded Mr Wright; "yon must not take any .particular case, but examine the whole set of facts. If tho whole of the circumstances confirm yon in the belief that this man has committed any crime, you must bring it. a verdict of guilty. * THE JUDGE'S SUMMING UP. In summing m>, his Honour said to the jury that there was no suggestion that accused directly received tha moneys stolen. But if* they were satisfied that bo was assisting Barlow by passing wrong entries, then he was a party to the theft. Nobody now disputed that Barlow did steal tho money, or was there any doubt that tho proper goods had been identified. But tho jury must be satisfied thero was collusion between BtrJow aud accused before it should convict. In the absence of fraud,, accused must bavo neglect-Hi all reasonable precautions ■to permit of the completion of the nine frauds. Im piicit confidence in importers was, ol course, fatal to the value of the check There was no doubt that a widespread conspiracy had permeated tbe staff U» a mi.nber of years.

Tho jury retired at 12.21 p.m., and returned at 12.4-6 with a verdict of not guilty, and accused was discharged.