AN ALLEGED GIFT.

Press, Volume LXVI, Issue 20107, 10 December 1930, Page 4

AN ALLEGED GIFT.

—♦ — s COURT ORDERS RE'ILRN. I, (PRESS ASSOCIATION •I'EI.ROIt.vM.; | WELLINGTON, December 0. j At the last criminal sittings of the j Supreme Court Victor Alfred Smith, an I electrician, stood his trial on a charge | of the theft of thirteen City Council j debentures, the property of Martin j Byrne, who for a ruonil) prior to his j death occupied a room in Smith's house. The jury disagreed, and a new trial was ordered. ; To-day other proceedings were taken against Smith in the Supremo Court, before his Honour the Chief Justice, Sir Michael Myers. A. declaration. w;ih sought that the Public Trustee, as executor of the estate of Byrne, was entitled to possession of the debentures and the interest coupons in respect thereof, or their proceeds, as part of the assets of the estate. An order was also sought for eleven debentures and outstanding interest coupons held by the police to he delivered to the Public Trustee, and .judgment for £.221 5s od as the amount received by Smith for two of the debentures and interest coupons cashed by him. Mr P. S. K. Macasse.v, ivit.li .Mr C. Evans-Scott, appeared for Iho Public Trustee, and Mr W. K. Leicester for defendant. Plaintiff alleged th.-it the debentures were stolen, and tho defence that they were a gift. After hearing the evidence his Honour said: "I havo no doubt at all what the judgment of the Court should bo. The whole question w:is whether defendant could prove satisfactorily that the transaction was a gift. He had entirely failed to give proof in a manner that it would be proper for the Court to accept. Judgment would lie for plaintiff in the terms of tho application, and the amount to be recovered would be altered to .€220, which was the amount the defendant had received.