WHARF UNION CASE

Dominion, Volume 8, Issue 2298, 4 November 1914, Page 3

WHARF UNION CASE

CHARGE AGAINST JONES DISMISSED WITH COSTS The hearing of the ten charges of alleged theft against Edwin John Jones (secretary (f the Wellington Wharf Labourers' Union) was concluded before Mr. D. G. A. Cooper,. S.M., in tho Magistrate's Court yesterday. Jones was charged with the theft of meneys totalling £2 35., the property of the Wellington Wharf Labourers' Union. The first charge against Jones was that, having received 4s. from Archibald Black, he did fraudulently omit to account for the same, thereby committing theft. The nine other charges were worded alike, the amounts only differing. The amounts which it was alleged were stolen were five sums of, 2s. each, two of 6s. each, one of Bs., and one of 9s. The date of the alleged thefts extended from March 10 to July 16.

Sir John Findlay, and, with him, Mr. H. F. O'Leary, appeared for the prosecutor (Thomas Joseph Ladd), while Mr. M. Myers appeared for Jones. " Richard Pelling, accountant of Wellington, said he was engaged to write up the books of the union on April 20. After he had received the books they were kept in his rooms which were on tho same floor of the. union's offices. Defendant could have got 1 the cash book from witness if he desired while they were in witness's possession. In his investigations witness' discovered certain sums which . were recorded in the '"pence" book, but not in. the receipt book. • These referred to J. Callister; W. E. Collie, and several others he had yet to check. On discovoring these discrepancies he told Mr. Radcliff (president of the union). The president brought defendant to his room.a week or so subsequently, in. July. OnSjeing told what had been discovered (fifteen shortages ■ making £2 55.) Jones replied that he could not account for the same, but wa6 sure some of them had been T.aid. Witness . understood

from Jones that he would make good the deficiencies, but if .the receipts were found he was to have the money refuiided. . '

Books in a "Terrible Mess;". To Mr. Myers: As the books were handed over to t'he president on August 20. he or Mr, Ladd might have been able to do anything they.'liked with them. There was no reason, why defendant Bhould want to see t'he books during the months they were in witness's possession, as he (witness) was being paid for the work., The books were in a "terrible mess" from Mr. Purdey's time. Mr. Myers then asked for some of the books of the union, and questioned witness about them. The' examination revealed a confusion of names in the entering of the books. Witness admitted that from the shortages he had discovered there was not the leastsug-'-gestiqn that Jones had misappropriated the, money., . . In reply to a question by Mr..'Myers witness said he would certainly have, not prosecated after his examination of the union's books. . At, this stage tho hearing of the case was adjourned to the afternoon. '. On resuming Sir John Findlay said they would bo able.to shorten the case considerably. Counsel made certain admissions—namely the appointment -of secretary, the union's rules, etc. The witness Polling was, re-examined by Sir John Findlay. An Official's Evidence. George Hunter Grey, wharf labourer, end a member of the union since March last; said he had been assisting Mr. Hunt in checking the union's account bcoks. On being shown Hannan's "pence" book witness identified Jones's signature for a Receipt of 25., Swain's book for 65., signed by "Jones| ens's book for 2s.', and Black's for 45., both'signed by Jones. There were no entries for these amounts-in any other of the union's books. The balance-sheet as prepared by Mr. Hunt, as the result of 'his examination, was absolutely correct.. No payment'had been made to any members of the executive after the payment of April 18. From witness's examination there was a total of £4 18s. unaccounted for for the periqd be-, tweon April'lß. and May 6.To Mr. Myers: Witness was a member of the old union for a short period. He had been investigating the accounts from October 14. An amount of. £7 -10s._had been paid to Mr. Radcliff on ipril 17 and there was no. receipt for the same. Some days ago when defendant came over to, the union office to see the books he w;as refused the perusal of them. ' :

Jones's Unpopularity. Joseph. Radcliff, president of the union said that-when . defendant was appointed secretary he handed over £45 or £46 to him. ; To Mr. Myers::',Witness knew that Mr. Jones was one of tbe : principal ones who had helped to break the strike. Jones arid soihe others were in consequence becoming unpopular. The members of the old union were gradually gaining the ascendancy in the present union and had taken a prominent part in the present trouble. . The day | before the case was in Court he (witness) .was told there was somewhere about £5 to Mr. Jones's credit. Witness knew that Mr. Ladd had done everything, to get Jones arrested/ but the, Magistrate had refused to issue a warrant. ■_.'.,'.

In response to a, question by counsel witness stated that the union had.been and was still a mighty unpleasant one. For his duties witness was paid £4 10s. a week. Witness'may have been paid>this amount once or twice'in cash.

A Breeze. Sir John'' Findlay: In reference'to the admission, "to Mr. Myers, do 'you. remember any occasion j'ou were paid your wages out of petty cash P Witness: Well there may — -r- . Counsel (interrupting): Answer' my question".' .''■:' ■' Mri Myers interjected, that this was no way for counsel to treat his ; witness. "He has made two statements in my favour," remarked Mr. Myers.' Sir John Findlay: That's for His Worship to- say. You are not on the Bench yet. / The Magistrate remarked that "Mr. Radcliff had given his evidence, in a very straightforward manner. , ■ Witness then replied that when he said-lie was .'paid out of oash lie meant he was paid by cash and not by cheque. Sir John Findlay asked leave to' recall Mr. Grey in regard to, the balance to Jones's oredit. _' , The Magistrate granted permission and Mr. Grev gave evidence' that over the two periods there was £2 lis. 9d. to Jones's credit, but a general deficiency of £2 Is. 3d. .

The Court's Deqlslon. Barely had Sir John Findlay said "that is my case, Your Worship, than •Ehe. Magistrate gave his decision emphatically. t . ■ "This case ought never to have been brought before the Court," said Mr. Cooper. '-'The evidence shows that nobody could get to the' bottom , of the accounts 'without groat trouble. I believe that thero was £5 to Mr. Jones s credit when ho finished. Thero was certainly no criminal intent by defendant and I am oiitte BRtisfiod thut.no jury would convict, and I am certainly

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not going to brand him as a criminal. The case will be dismissed." ■. • '.' Sir John Findlay then aTose and said that the case had shown a'failure on ■ the part of Mr. Jones to do his duty, as a secretary of the union. He had failed to enter certain amounts in'the receipt' book and so had not left any record in the hands of: the union. This failure showed misappropriation of. moneys.' • ''7 understand from what Your Worship ha£ said, however," coneluded Sir John Findlay, "that, the failure to "enter in :tho receipt book is insufficient in Black's case and that ber inj so we will withdraw the other charges." ~: ■'■ v\ : > Mr. Myers:' Your' Worship, I ask for .costs,in 'fiach 1 case.: The informal; tioiis were-laid privately and. L hope Your Worship'will grant costs/ as it will act-as.alesson-to ; tho'nv. Sir John, Findlay: But whenthese deficiencies'were 'found out the : man defied the union. •■_.. '' '■'■ ■; •'• V', , ' Mr. Myers: He was never asked for an expalnation. • The Magistrate: Yes, there was evidence of that. ! allow £1 Is. costs, on each information.