SOLICITOR'S FAILURE TO ACCOUNT.

Dominion, Volume 7, Issue 1938, 22 December 1913, Page 5

SOLICITOR'S FAILURE TO ACCOUNT.

0. N. GILLESPIE, OF FEUDING. PLEADS 'GUILTY TO EIGHT CHARGES, NECtEOT AND MUOt.l-EMEKf. <liy Telegraph.—Special Got respondent.) PalmerStdn, December 21. Oliver Nool (iillcspiu, solicitor, of Foildiug, appeared before the Magistrate (Air. J. W. Poynton) 011 Saturday morning in answer to eight different charges of having received sums of money fraudulently, and failed to account'fnr the same, thereby committing theft. 'flic total'sum invohed was £'10,13G 18s.- ]()tl, ■

Mr. 11. 11.'Cooper appeared for tiro ac» cueed; Mr. ISllintt, «1 Feiiiling, foiM'ho beneficiaries in the estate of James Vile; ami Air. Alurpby for iiie trustees in tho same estate. Sub-luspcctor Mamtek appeared for the polite. . • ... . Ameunts Involved. Tlio various amounts involved ivc-re:-*" £1700, trustees oi' Mr, <1 a rues Vihj's estate; £27Q, Samuel C. journalist, of Feilding; iMOO, lidivaid. Smith, fanner; £'1-173 !<«., Charles'l). Snow, land agent, Hamilton; £I9UI. Is. 10d. ; Frank J'ary, farmer, . Bunnythorpe; £100(1, Joint Medley -:t'C<mrt, lamer, Ohakea; ii'flOQ, George Dear, farmer, lioilgotcis; £'8i)0, dailies Myan, farmer, Feiktimj. . Sub-Inspector Mnrsaek said that tho accused, a (Kirtnjr in the legtl firm oi I'riol and Gillespie, received the moneys either for investment or for dislribsiution to tho beneficiaries of an estate concerned iu the charges. After the nsc-used went to Sydney he wrote to the police _ stating that he intended to return and give,him-* self up. Two days ago he mad'.! a certain statement which would be put in. f Evidence was given by William John Vile, fanner, of Apili. and his brother, Walter Franklvu Vile, co-trustees in tlio fate Mr. James Vila's estate, and n;ls« by ether parties interested in tlio charges, and by Mr. F. 11 Cooke, solicitor to tho Official Assignee. Detective Quirke said that the accused called with a. solicitor on. December IS ami made a voluntary statement (read iu court), which dealt with each item in ' the charges, Tlio ncewwd admitted tluit 1 lie had iK>t accounted for each amount. Accused's Conresslan, The statement continued:—_ "In reference to the above adniissioiiH, 1 desire to state that 1 jiei'soiuitly have not received or used any of the ahovij moneys for my own benelit. or the beiieiit of my family. The moneys have been used w pay other creditors of tho Trust Account, whose moneys had been lost > by carelessness and neglect. 1 lirst commenced practice on March 4, 180?, as a solicitor in Feiklrog ,in partnership with John Prior, having previously had only a very limited experience. 'file practico was almost entirely concerned with fitum- ; cial business, tvliic'h at the end of tho lirst three yea.6 had increased at least fourfold, and got beyond tny control. My. partner was, during tho whole existence of our partnership, iu very bad health, and practically tiro entire itiaim.geitK'nt imd control oi the business was in my hands. During the past few years I have lwcl to work nearly crery night, and have never been able to take a holiday. In seYoral instances, at the wish of my clients. moneys were invested in i the names of iuy partner and myself, or , of the clerk in our employ.

"O-n many occasions, when on apparently Rood'socaritios, loans. liav-o been urgently voqu-imi, I have ;«Ksle advancca out of the goherai Trust Account, expecting to arrange them subaqtroimy with tho clients. This in some caves 1 was unable to do. In other instances I have- made advances -out of moneys in the Trust Acsount, in respect of which tho tirm had a general power of investment, tut owing to ncgligcnce, caused through pressure of work, I havo only obtained the signature of tho borrower to a blank mortgage form, which vras never completed, and later lost traco of. There are numbers of -such mortgage forms MOW in the office at Feilding.

"The Natural Result." "Later, the natural result was that these moiioys were lost, and in time tho Trust Account became depleted and was replenished with other moneys that causa into tho Jirtn's 'hands l'ov advances. Other losses, amounting in all to a largo sum,.have been caused by paying ol : the 'j'nist Account interest accrued and due to clients, ivhote moneys had been lost in the above manner. _ About iy months ago 1 began to realise the position, and continuous worry and anxiety over my position, added to by realising the hopeless state of muddle into wliicii the hooks had got, seriously alfcetcd tiiy health, otherwise I. feel sure I should, not have left New Zealand as .1 did. Later, iu Australia, 1 realised that inr proper course was to come back ami render the best assistance to the O&cml Assignee in connection with iu\ baiiuri'ptey. I camo back entirely oi my own account, wit';io,.it anv outside pressure. The I'fllwe stated that theve were the role charges. The recused pleutod Runty to «« !•;»« eharces, and was committed to tho Supreme Court at Wellington lor sciitenea on Tuesday. . Mr. Casper asked for bad, sayniK that every day tho accused spent at hrs bao.cs meant money to tho creditors. Sub-Inspector Marsack opposed tno application, contending that thero was no likelihood of the accused hotng treated as a first ofiend&r. / Bail was refused.