CHARACTER CLEARED

Dominion, Volume 10, Issue 3159, 10 August 1917, Page 6

CHARACTER CLEARED

CHARGES AGAINST A RETURNED SOLDIER

JURY ACQUITS WITHOUT RETIRING The Chief Justice, Sir Robert Stout, presided over the criminal sessions of (ho Supreme Court, which wero continued yesterday. Percy Charles Tito, a returned soldier, of fine physique and bearing, was charged with stealing the sum of Ml 18s. 9d., the property of the New Zealand Govern, inent. Mr. T. SI. Wilford defended. Sir. Sieredith, Crown Prosecutor, said that the sum accused was charged with stealing was part of an amount of .£37 which lie received from the Defence Department, but was not entitled to. When Tito left with the Forces he was given a pay book showing that lie was entitled to 78. per day, less an allotment of 4s. per day. Ho worked under this payliook till he was transferred to Malta, where, in somo way unknown to the authorities here, he got another pay-book. .No. 2 pay-book showed the .ate as 7s. without allotment. Thus during his stay at Malta Tite received 7s. per day. Oa return to New Zealand Tite presented No. 1 pay-book, which purported to show that no payments were made between November, 1915, and June, 1916, whereas about ,£7l had been paid. Accused was thus paid .£37 lis. 9d: in New -Zealand. Mr. Meredith called evidence to the I above effect. Sir. Wilford, opening for the defence, said to the jury: "The determining fact you have to decide is: Had this man knowledge that he was taking money, that did not belong to him? Was there a bona fide mistake—was there a possibility of 1i mistake—or :s this gallant gentleman and brave soldier a criminal?" He would call the accused. Tite gave evidence that he served first in the Grenadier Guards, and was discharged with the rank of corporal and a good character. He was educated at Rugby. He was in New Zealand on the day that war broke out, and he volunteered on that very day. In October, - 19U, he left with the Slain.Body for Oallipoli, and was present at the i landing. From April 25 to September he was on the Peninsula. He was then sent to hospital at Slalta, and from September to June he remained there. The first payments drawn at Slalta were drawn on the original pay-book. The allotment was made to pay ordinary debts that had had to be left behind when witness left New Zealand with tho Forces. While witness was in hospital there was an outbreak of fever, and his clothes were taken away to be fumigated at another hospital. The pay-book was lost, and at that time witness did not know how much he had drawn. Ho made Tepeated attempts to recover his first pay-book, but finally applied to tho pay-sergeant for a new book, which was issued. Witness was in a low state at the time owing to dysentery, and he had his new pay-book fixed up by the sergeant. The sergeant (an Australian) asked him what the rate of pay for a New Zealand sergeant was, and witness replied, "7s. per day." Witness forgot for the moment I about the allotment, and so his pay was entered up as 7s. per day. Witness_ did not see the sergeant's entry at the time. He later reported the error, but the sergeant said it would be all right when witness's original pay-book came back from the other hospital. The eld paybook was in time recovered, and witness then handed over the new one to the authorities at Slalta. Witness acted as sergeant-major for four or five months, but never got his rank or pay of sergeantmajor confirmed. As a sergeant-major ha would have been entitled to lis. Gd. per day. He arrived in New Zealand on August 8, 1916, and was ordered to Rotoruo, where he drew only Is. per day and accumulated 2s. On November 8,- 1916, he was boarded and discharged as from November 29. He went to Ihe pay office and asked to be paid up, expecting that tho ledger entries would show his true position. He was given £21 18s. 3d., an amount calculated by the clerk in the office. He did not know he was receiving more than he was entitled to receive. , On receiving a letter regarding the overpayment, he visited Wellington and informed the Department that whatever claims they proved he would pay. Witness got a nice little farm, but was arrested very shortly afterwards. He had no intention whatever of defrauding the Department.! Sir. W. A. Grenfell, secretary of tho Wellington Employers' Association, stated that Tito,- on leaving New Zealand, owed him a little money, and provided for its payment out of an allotment. Witness had nothing but admiration for lite s Koncral character. Tite had always con. ducted himself as an honourable gentleman would. , The jury, without retiring, returned a verdict of not guilty. . His Honour said he thought the jury had done the right thing. He felt also that it was his duty to say that the Defence Department should have no blame whatever cast upon it m connecHon with tho matter. The Department seemed to have managed very well. Sir. Wilford: Could Your Honour say that Tito's character is cleared? . His Honour: There is nothing against his character. Tito was, discharged.