CHARGE AGAINST LAND AGENT.

Press, Volume LVII, Issue 17119, 14 April 1921, Page 4

CHARGE AGAINST LAND AGENT.

ALLEGED THEFT OP DEPOSIT. At tho Magistrate's Court yesterday beioro Mr V. a. Day, S.M., John Robert Burns, land agent (Mr H. S. J. Goodman), was clrarged with having stolen the sum*of £SO fiom Mrs Sophia- Odgers on Febrtmy 2*th. Detective-Sergeant- Quartcrmain conducted ih& prosecution. Mrs Sophia Odgers said that at the beginXLins or t-lio yoar she \va3 m communication witli the firm of E. 11. .stringer ami Burnsrespecting the- purchase of o property. The x accused showed her a property at St. liar- ,' tin's which she said would suit her, mid she offered £I3OO for it. In her presence Bums Tang up Evans and Bull, and asked for permission to sell the property, and ho s.ud ha liari been given permission. Burns subsequently told her that the owner, Mr Anson, was ag-reeable to sell for £I3OO. and on February filth, she save him £SO as a deposit on tho purchase money, and he guve a receipt. She- hacl since been unable to gat possession of the property. She had seen the accused, and he said she would got possession in tlireo weeks. Tho £SO had never Lceh rcturnexl to her. ■' To his Worship: Sho had never asked for '; it and had not seen him since.. ' Ernest L. H. Brown, salesman in tho employ of Messrs Evans and Bull, land agents, . paid that Mr Anson's property «t St. Martin's was in his firm's hands for pale. Somebody from E. 11. Stringer and Co.'s office rang up, hut witness could not say if it was Burns, ami asked particulars about it. It was agreed that if a. sale wero effected the commission should he- split:. Frederick J. Anson, dairy farmer', St. Martin's, said that after be had placed liis property in the hands of Messrs Kv.uis and Bull for s'ale, he became acquainted with Burns, who wanted to sell tho property, and made an offer of £1250 for it on behalf of a < client. Witness refused the. offer. He did not place the property in Bunis's hands, and had not received" jiny money, from' him at'any timo in respect of it. . Detective-Sergeant Quartcxmnin said that tho accused had admitted io him that he had used tho deposit money for otlor purposes. Ho said that E. H. Stringer and Co. had nothing whatever to do with.tho transaction. A statement signed by tin accused was to the- effect that he dissolved partnership with E." H. Stringer and tfo. on Fabruiiry 16(h. On tho following day he received the £SO deposit, money . from Vi:s Odgers for the property wliich she purposed to, purchase. Thin property'WHS m the hands r>f Messrs Evans and Bull, with whom (Burns) arranged to sell and sharo the - corauiission. He gave- a- receipt for the£so. He had no trust account of his' own I at this period, and owing io a. disagreement with Stringer he'could not opera'.-; on thetrust account of that firm. Ha had siiico umkl the- monoy advanced by Mrs Odgers knottier purposes, but if allowed 24 hours liewould be in a position to i-eturn Mrs Others her money. Mr Goodman: Wn* that ftf.to)i.«nt given, voluntarily? Detective Quartermain: Yes. The accused: It was r.ol. Mr Goodman: The accused says '.hat you got !bip in a cell and made him give a statfi- - ■ "Witness: Ho was arrested on another ' chargo, and I asked Idm in the cell whait' had become of the £SO. I asited him his version of the matter. Tho nompbuniHil is tho wife of * working, man, and I want.'d to see her get the money !-ack if possible. Mr Goodman: Did ydii not force the statoment out of him? Witness: I am not so- strong-minded to do that. If I was I would be in tile land agency business -myself. The Magistrate said it struck him that tho offence with which the. accused , was charged was not proved. He. doubted if any jury would convict on a- c)inrg-» ni stealing, but another offence had been disclosed — that of misappropriation—and that compelled him to commit the accused for trial. DoteptiveiSergeant Quartertmun: ~.lfc;is- almost tlie same thing, sir. '* I wasinstructed to proceed under the charge of theft. Mr Goodman submitted that it was a case for civil action. His Worship: The- accuse! admitted in the statement that he had used the money for other purposes, and that is misappropriation •of trust. money. The accused pleaded not guilty,, reserved ■ his defence, wbb commuted for trial, bail being allowed, self in £IOO, and two suieties of £SO each.