LAW REPORTS.

Dominion, Volume 7, Issue 1940, 24 December 1913, Page 13

LAW REPORTS.

SUPREME COURT. I OVER £10,000 TRUST MONEY ASTRAY I GILLESPIE CASE. ' THE BOOKS TO BE OVERHAULED.' SENTENCE DEFERRED. ": ! »Two prisoners', "'whd;had pleaded guilty' to offences in'tho.Lower. Court-, appeared for sentence,beforoiHis'Honour the .Chief Justice {Sir.. 1 Robert Stout)'' in tho Supremo _ Court* morning.'. Mr.- P.: S.; K.SMacassey.;represented the ■ ')\i '■ 'A'young'man,inattLed Oliver Noel Gil., lospie, solicitor, ■of Ecilding, 'had admitted eight different ''charges of failing to : aceoxmt for trust moneys,'tho,total sum involved being £-10,130 IBs.'. 10:1. - The various amounts involved were; —£1700, trustees of Sir. James Vita's estate; 1 j £270, Samuel C. Andrews, journalist, of ! I'oilding; £-100, Edward, timith, farmer:£1475 IfS., Charles D. . Snow, land agent., Hamilton; £1991 la.; 10d.', Frank Jarj', farmer, Bunnythorpo; £1000, John M«uiey A'CoUrt, farmer, Qhakca; £2500, George. Dear, farmer, Hongotea; £800j James Ryan, farmer, Feilding.;.. :. Gillespie's "Muddkment" Mr. H. R. Cooper, on behalf of Gillespie, proposed . to. give His, Honoui some reasons why.'. a light '■ eentenco should be passed, , As a young man of twenty-four years, Gillespio had been given sole control of tho firm's finances, and tho trust account was of such a size that tho amount, annually passing through it, varied from a quarter .of a million to half a million.' When Mr. Prior (head oil the lirrn) went to England soiuo tinicJ later, tho volmno of business increased to an extent beyond the powers of management of an ordinary man. In tho muddlemenfc which arose, moneys find been advanced by chequo out of. the .'trust'accounts, and cUent-s had signed.' printed mortgage forms, which, apart from, tho signatures of tho clients, contained no information .at ail. It would take quite a time be'foro they could ascertain what- theso mortgages represented. • His Honour: You don't suggest that there aro assets to meet all theso liabilities ? ■ '. •

Mr. Cooper: No ;J'.. : -l>ut;l do suggest that there is a largo amount of assets recoverable.

His Honour remarked that if tho liabilities woro reduced it would bo taken into account when scntonco was being passed,. . Air. Cooper explained that pne client, isdio obtained £850 from Gillespie, had never paid any interest, and did not know to whom it was owing. Ho was prepared to sign a mortgage to tlio proper person if such person eould bo found. Since Gillespie's return, counsel explained, that other debtors had been found, and, in consequence, tho liabilities had been reduced by severs! thousands of pounds. There was every reason to suppose that these assets wo.uld bo recoverable if an opportunity wero given for tho accounts to be made up. It would bp of groat assistance to the estate'if Gillespie, -who (counsel pointed out) had returned to New Zealand on his own account, wero granted six weeks or two months to assist'.an

'accountant'in making up tho books. : If j liis Honour would' postpone sentence, : "und admit.Gillespio to substantial bail,.! itt.Jonablo him to disentangle -his affairs | 'as 'far ns - possible, it'would bo of great j ■value'to the estate. ' j His Honour had no objection to' such ! a course if there wiis any probability of j .part of tho money being recovered. rV- Mr." Cooper called evidence..,to satisfy,' 'His.Honour on this point;ftf , "Cooks in Shooktng Stato."-■■■■»*■■■■»-■■ Arthur. Thomas Clark', accountant, 'who had been employed by tho Official . Assignee to go through tho books of tho linn, testified to their.condition. -They. .were in a-' shocking stato, and. there had been 'no attempt, to balance them. explained that it would ho impossible, to ascertain tho true condition of affairs without tho assistance of Gil-lespio'hims-elr.'.-.-Thero' seemed to bo every prospect of tho. liabilities being .considerably reduced. In vieiv of this evidence, His Honour dccided to post-pone sentence- until February 17. In tho meantimo Gillesplo would be admitted to bail in the sum .of £2001) and two sureties of ■■■ £1000 each. Tho bail was immediately forthcoming, the sureties being W.. E, Clarke, of Rongotea. and L. ,B. Wall, of Kairanga.. , ■ ELDERLY FIRE-RAISER. ' CASE FOR THE PRISONS BOARD.,. ." A confession of setting lire to two houses at Foxton resulted in James Warren Williams appearing in the dock! His full statement was published last week, and contained tho following ad». missions:—"l saw my wife in tho main street at.Foxton on tho night of December G. I called to her, and she said: 'What do you want?' 1 said: 'What would you take so as We can sottlo out of Court?' She walked away, ! and did not answer. On my way homa my head seemed to bo heavy, and I did not know what was coming over ni.«. . . .

Something" kept telling mo to go down and burn Mrs. Williams's honsoj so as I could soo who w*as in it, Some time after two o'clock 1 took two bags of raRSi asid put soma small wood nnd a .bottle of korpscno into one of tho bags, and a bottle of American tar. I redo to my wife's house, emptied tlio bags nndor the house, and set tiro to it, pouring tar and kerosene over it. When 1 got outside 1 hoard my. ivifo calling out, and know slin was s;ifo." . . . 110 thou described setting fire to tlio houso in which ho was living.

Mr. 11, R. Cooper, of Palmcrston North, who appeared for Williams yes* terday, stated that tho prisoner was 08 years of ago, and had until recently homo an unblemished character. In Foxton, where ho had Jived for ton years, tlio residents held him in good repute, and tho police opinion was very favourable to him. Ho had been living frith his wife from 1887 until last August, when sonn) difference arose, and. a Separation, was granted by tho Magistrate. Counsel mentioned that certain suspicions had weighed on tho old man's mind, and, whilo insanity could not bo pleaded, he. would suggest that nt tho timo of the offeneo Williams was not by nny moans in his right mind. AYhen lie set alight to his own houso he apparently had -the idea to burn himself with it. but did not carry out that idea. It wiis, counsel kne-v, not a* matter for probation, but lie would ask His Honour to impose as short a eentonco as possible. His Honour pointed out. that to r,dmit tho prisoner to probation would be against his own interest, quite opaft from the risk to the community. It was not an ordinary case, and His Honour thought of letting tho Prisons Board try tthat they could do in tho .matter. Mr. Cooper said there was good reason to suppose that Williams and his

wifo 'might livo -together again when tho prisoner was .finished With the present trouble. •

, r Ilia Honour ? expressed tho opinion that-' if the prisoner wcro not placed under, control ho'wight get excited! and do somo harm; ■ Ilia mental condition, however, .could not warrant his lieing sent:to s mental hospital. 'He would .IxCiiMitenccd. to two years' reformat ko treatment; and ho could apply to tho Prisons Board if anyone conld lw found to. take charge of him. His Honour prepared to call a special meeting of the Prisons Board curly in January, to-Bee what could bo dono in tho ease.. Mr.- Cooper,, could furnish a report to the board. -

Air. Cooper said ho would cqnimumcstc immediately with Williams's friends, and subsequently report.