MAGISTRATE'S COURT

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

MAGISTRATE'S COURT

ALLEGED EMBEZZLEMENT

BARCLAY HECTOR CHARGED When Barclay Hector, Registrar of the University of New Zealand;, camo before Mr. D. G. A. Cooper, S.M., at tho Magistrate's Court yesterday afternoon, the Crown Prosecutor (Mr. P. S. K.. Macassey) asked that the previous charge against Hector, that of having roceived_£lo27 18s.' lOd. from tho Wellington Investment Trustee and Agency Co. for the Senate of the New Zealand University, and failing to account for the same, be withdrawn. This was agreed to, and three other charges, which read as follow, were preferred against accused;—(l) 'On March 13, 11)14, having received from tho Senate of the University of New Zealand £150 6s. 6d.. on terms requiring him to pay the same to J. W. Joynt, in London, and fraudulently omitting to pay the same to Joyntj thoreby committing • theft; (2) a similar charge involving £650; (3) having received £37 12s. 2d. in tho same way, on terms requiring hirti to pay the same to W. Sowerby, London, and converting the same to his own use. Mr. 'I'. M. Wiiford' appeared lor accused. ' Mr. Macass'ey_ said he understood that accused was going to plead guilty, so they could proceed as quickly as possible with the evidence. Henry Alexander Lamb, audit inspector. said it was part or his duty to audit the University's accounts. On May 13 a choquo for £150 6s. Gd. was drawn by accused for remittance to Mr. Joynt, of London, the University's representative. This sum was not remitted to London, but paid into tho scholarship account with other money, to meet previous defalcations. Similarly, on May 15, another cheque for £650 was paid into the same account to meet defalcations. On July 21, 1914, tho sum of £1027 18s. lOd. was drawn from the Wellington Trustee and Investment Company. Of this amount £801 odd wont in a draft for Mr. Joynt, and the balance to the general account. A cheque for £1000 was drawn on March 26i and paid to the Trustee and Agency Co., td replace the amount previously withdrawn. A cheque for £37 12s. 2d. was drawn on April 13. 1915, for remittance to Mr. Sowerby, of London, and paid to the Bank of New South Wales. The total defalcations amounted to £1403 Bs. 6d. Accused had admitted to- witness he had the money.

"Wm. Albert Evans, treasurer of tbo New Zealand University, said that all the cheques of the Senate were signed by himself as treasurer, and accused as registrar. He gave evidence in respect of the cheques in question signed by him.

To Mr. Wilford: Witness never followed .the cheques he signed, to see if they were paid in; he just signed the cheques, that was all.

Mr. Wilford: Mnu might just as well have had a rubber stamp to sign? Witness: 1 followed the usual practice of signing cheques. Mr. Wilford: And nothing more? Witness: Yes.

Miles Clement Wallace Mason, manager of the Trustee Agency, said that on September 10, 1913, bis company received two sUms for £500 from accused for fixed deposit, on behalf of the University. Later the money was "lilted," and in March, 1915, a cheque for £1000 was received from accused, and placed dn deposit for twelve months. .

Robert George Scott, clerk of the Bank of Neiv Zealand, gave evidence in respect to the University's accounts at the bank.

Similar evidence was given by James Herbert Low and Francis It. Piicot, clerks in the Union Bank of Australasia.

This concluded the evidence, and accused, pleading guilty to each charge, was committed to the Supreme Court for sentence.

Bail was allowed as before in £250. ECHO OF THE ELECTIONS. After many adjournments and partial hearings, the case against Patrick Callaghan, charged with disturbing one of Mr. F. M. B. Fisher's political meetings at the Mission Hall, Tory Street, in December last, was concluded before Mr. D. G. A. Cooper, S.M., yesterday. Evidence was called for the defence by Mr. J. J. M'Grath, to prove that tho meeting was a rowdy one, but that Callachan was not to blame. The Magistrate decided to convict accused, however, and fined him £2, with costs lis., in default fourteen days' gaol.

UNUSUAL AWARD CASE. There were some unusual features about the case brought by the Inspector of Awards (lb'. Henry Moston) against the Johnsonville Co-operative Society, Ltd., grocers and general storekeepers, for a breach of tho Wellington Grocers' Assistants' and Drivers' Award, in tliat they employed an assistant named N. Washington a grocer's assistant, and failed to pay him the minimum wage as prescribed by the award. In giving his decision in the case the Magistrato said it was perfectly clear that the defendant company _ had beeu originally formed with the object of reducing the cost of living as much as possible, and that apparently x thc directors of the compaiiy were under tho impression that as such the award did not affect them. When' tho company had come to deal with the public, however, their position changed, continued His Worship, and defendants came under the scope of the award. Consequently there had been a- technical breach of the award, but he had power under Section 16 of the award to dismiss a case under such circumstances. Defendants had misunderstood their case in respect to the award. Tho information would be dismissed.

BREACHES OF SHOPS AND OFFICES ACT. •The aix remaining charges against R-. Maxwell, three of employing waitresses more than 52 hours a week, and failing to pay overtime, and the other three of employing tho safao waitresses extended hours, and failing to notify the Labour Department, came before Mr. D. G. A. Cooper, S.M., yesterday. On behalf of defendant, Mr. M. Luckie entered a plea of guilty. Mr. W. Slaughter .the Department's inspector, said he did not press for a heavy penalty, but that in any future similar charges a heavy penalty would be asked for. The Magistrato imposed a penalty of Is. in each case.

A PAIR OF FIELD GLASSES. A dispute about a pair 'of field glasses was heard by Mr. W. G. Riddell, S.M., when John Alfred Pearl procoeded against Edward E. Welsh for the return of the glasses under dispute, or £10. Plaintiff alleged that lie had borrowed the glasses from a Mr. Glennie. One day defendant had tnlcen possession of tlio glasses, and refused to return them. Defendant alleged he had a right to the glasses, as he had previously lent Glennie £10, and Glennie had told him ho could have tho glasses as, security. Glennie denied this, stating ho had given three Persian cats as security. After hearing the evidence, the Magistrate remarked that defendant had no right to the glasses. Judgment would bo for plaintiff for the. return of the classes, with costs £1 17s. Mr. E. G. Jellicoe appeared for plaintiff, and Mr. D. Smith for defendant.

' In the case Ada Flaser v. Samuel Vocel Mason, a claim for possession of a tenement and £6 ]'2s. Bd., judgment was eivon. for plaintiff for tho amouiib

■f claimed and a warrant for prcmisos to bo given up by May 31 was ordered to bo issued.

DEFAULT DEBTORS' LIST. Judgment was given for plaintiff by default in the following undefended civil cases by Mr. W. G. Riddell, S.M.: Empire Loan 'and Discount Co. tin liquidation) v. Alexander Bell, £1 18s., costs 125.; Magnus Sanderson and Ltd.. v. Bernard Oscar Bergerson, £5 2s. 6d., costs Ss.; Mary Muir v." Jeffcry Sherborne Clayton, £4 75., costs lUs,; H. A. l'arsdnago v. Teoni I'oliio, £11, costs £1 18s. (id.; I'\ Cooper, Ltd., v. W. A. Parker, £16 Is. 4d., costs £1 10s. Gd.; Veiteh and Allan v. M. R. Lawtou, £2 10s., costs 10s.; Cole, Crump, and Cundy v./ C. Cherat, £l lis. 10d., costs 55.; H. S. Langdon v. C. Edwards, £1 145., costs os.; Wellington Motor Car, Horse-drivers', and Livery Stable Employees' Industrial Union of Workers v. William Webster, £1 35., costs 65.; Vacuum Oil Company Proprietary, Ltd., v. J.I. T. Leathern, £3 Os. Bd., costs 10s.; Drivers' Union v. Edward Gallagher, 17s. Gd., costs 55.; Fulton and (Jo. v. Albert Edward Ivin, £17 Bs. 5d., costs £1 10s. 6d.

POLICE CASES. Mr. D. G. A. Cooper, 5.M.,. presided over a sitting of the police cases at tho Magistrate's Court yesterday. Daniel Fitzpatrick was fiued 40s. or seven days' imprisonment, for indecency in Lombard Street.

Charged with drunkenness, John M'Kinnon (prohibited) aiid Nicholas Scallen were each fined 20s. or three days' imprisonment, and George Allen Oxapring (prohibited) fined 10s., or 48 hours' imprisonment. Four first offenders were dealt with.