SUPREME COURT

Dominion, Volume 8, Issue 2461, 14 May 1915, Page 9

SUPREME COURT

THE CRIMINAL SESSIONS

ANOTHER ACQUITTAL

His Honour the Chief Justice (Sir Robert Stout) was on tie Bench when the criminal sessions of the Supreme Court were resumed yesterday morning. Mr. V. R. Meredith, of the Crown Law Office, - represented tho Crown. The-case of Thomas Dagnall, charged with indecent assault, was continued from the previous evening, and at 12.30 p.m. the jury retired. They returned two hours later with a verdict' of."Not guilty," and the prisoner, who had been defended by Mr. H. F. Von Haast, was dischajged.

EX-CIVIL SERVANT IN THE DOCK. Ernest Alfred Welch and James Gibson Briant were placed in the dock together to auswer a charge of theft. It was alleged against them that on February 12, 1915, they stole a cheque for £70."drawn on the Bank of New Zealand aud the property of tho iVow Zealand Government. There were other counts of attempted theft, while Briant was charged with, receiving the money knowing it to have been dishonestly obtained.. Both accused entered pleas of not guilty, Mr. T. M. Wilford appearing for Welch, and Mr. P.- .W. Jackson appearing for Briant. . Mr, Wilford mentioned at the outset that Welch would admit writing the cheque, and that Briant would admit tendering the cheque at the bank. The case for the prosecution showed that Welch, who is 48 years of age, had been in the Government service all his life, and had risen to tho position of Registrar of the .Native Land Court (South Island). Iu his position, he had authority to draw cheques on the law trust account, and use the money for the Natives interested in the trust. In February last Welch had drawn the cbeaue for £70 on a form taken from the cheque of Mr. L. A. Teutenberg, Registrar of the Ikarpa Maori Land Board. The form had been taken from the book without Mr. Teutenherg's authority. Oh, February 12, Briant had tendered the cheque at the bank, but the suspicions of the teller were aroused, and Briant was detained pending the arrival of Detective Cameron; who had been summoned; Oh being questioned by the detective, Briaiit gave his name 'as T. A. Burns, his place of residence Tinakori Road, and his occupation that of tradesman. Later, he said that he had picked Up the cheque in Molesworth Street, that he worked in a Government office, but that he did not know Welch, whose name appeared on the cheque. .He was placed under arrest, and the„ same evening made. a statement to "the effect that Welch had given him the cheque to cash, and was waiting outside for the money, when Briant tendered the cheque at' the bank. As a result of the statement, Welch was arrested at Lower Hutt the following day.

Both Welch and Briant gave evidence in defence, and two. gaol, oificers stated that Welch developed delirium tremens after his admission to tbegaol in i'enruary. The explanation given by Welch was that on account of 'an audit dia- ■ closing irregularities in his books, ho had drawn , the cheque with tho iutention of transferring money from the trust account to the Receiver-General's account, as required by certain regular tions. His action in not making tho payment by cheque he could only 'attribute to the fact that he, was muddled by drink. He., had no.-intention of stealing tho money. Briant also denied any intention-of dishonesty. Ho had been dismissed from the Post and Telegraph Department on account of absenting himself without leave, and, at the time of his attempt to cash the cheque he was suffering from the effects of drink. His incorrect answers to the first questions put to him by.Deteotivo Cameron were due to his surprise" on being confronted by a police officer. His Honour directed the jury that the only count they should consider against the prisoners was tbat_ of attempted theft. The evidence did not support the other counts in the indictment.

The jury' retired at .4 p.m., and returned at 5.40 p.m. with a verdict of guilty. The prisoners were remanded for sentence.

' PARTIALLY HEARD. The charge against William Jones of indecently assaulting a boy was being heard when the Court adjourned until this morning.

Accused is conducting his own defence.