FAILED TO APPEAR.

Dominion, Volume 3, Issue 797, 21 April 1910, Page 6

FAILED TO APPEAR.

TOT QUESTION OF BAIL "APPARENTLY THE BIRD HAS FLOWN." (By Telesrraph-Press Association.) Christchurch, April 20. Ernest Phillip ;Berlyn, who was committed for trial on a charge of havingj fraudulently failed to account for £57 17s. to P. H. Labatt, the property of shearere at W. H. Acton Adams's. Moleswortli Station, and who was remanded to appear at the Magistrate's Court today on a charge of stealing £23 3s. 1d.,: the property of W. H. Acton Adams, failed to appear.

Accused had been bookkeeper at Molesworth Station, and the evidence given in support of the charge on, which he was committed for trial was to the effect that he had been paid certain moneys by shearers on. the estate, and this should have been forwarded to P. H. Labatt, to be placed to the shearers' credit. Mr. Labatt stated that he had never received the money. The manager of the estate, who had been anxious respecting the money, asked accused to wire to Labatt about the matter. Later accused, who had charge of the telegraphic communications, showed the manager a telegram which purported to be from Mr. Labatt, at Christchurch, stating that an acknowledgment of tho money had been posted. The Christ, church telegraph office could not find any trace of the telegram being sent from Christchurch. Mr. Labatt stated, that he did not send it. Bail allowed' in this case was £100, which accused' 3 brother paid in cash. Last Wednesday ho appeared at court on the second charge, and as the police were not in a position to go on with the charge, a remand till to-day >was asked for, and granted by Mr. T. A. B. Bailey, S.M., accused being allowed bail on his own recognisance. ' This morning counsel explained that on Saturday he received a telegram that accused had gone to Blenheim, in order to make inquiries at Molesworth Station relative to the charges. He instructed accused to report himself to the Wellington police, and a telegram should be received at 10.30 this morning if ho had done so. He suggested that tho case should be allowed to stand down till inquiries were made. "Apparently," he added, "the bird has flown." The case was brought before Mr. H. W. Bishop, S.M., this afternoon. ChiefDetectwe Bishoo sail that accused was remanded to appear at court that morning, .but he had failed to do so. On Wednesday last he (the chief-detective) explained the facts to Mr. T. A. Bailey, 5.M.,. and said he had ascertained thai the deficiency would be about £200, and that substantial surety should be granted. He told the magistrate at that time that he i would be held responsible if accused failed to appear, but the magistrate, after hearuig counsel, granted bail on accused's own surety. There was ono surely of £100 in tho case on which be was comi inittcd for trial, but no surety in this case.

The magistrate: Accused's surety is worthless.

The Chi6f-Detectwe said accused had been seen in the North Island. Ho suggested that the magistrate should issue a warrant for his arrest.

The magistrate ordered the warrant tu be issued, and said that in these cases tho magistrate exorcised his own discretion as to bail, and it was not subject for remark by anybody.