SUPREME COURT

Dominion, Volume 13, Issue 42, 13 November 1919, Page 7

SUPREME COURT

THEFT AND FORGERY

POSTAL OFFICIAL PLEADS GUILTY

His Honour Mr. Justice Hosking continued the hearing of criminal coses in tho Suprqmo Court yesterday. A young man named William Joseph Mayor pleaded not guilty to tho following charges:—On Juno 5, 1917, at Wollington, makinjr a false document by insorting the figure- 2 in a receipt for fe--4d.. making the receipt £2 6s. -Id., thereby committing forgery; on May 9, 1018, cojiimittins: theft of .£lO, the property of Donald Hugh Dinniston and others; on October U, 1!)18, having received the sum of .£'. l Kb. Gd., failing to account for same: on November 12, 1918, having received tho sum of .£lO Bs. r failjng to account for tho same; on June 25, 1919, having received a sum of ,£2O, failing to necount for same, and on , September 25 forging a receipt givon by tho Stito Fire .Insurance Office by altering it from Gs. id. to lGs. 'Id. , ' Mr. P. S. K. Macassoy, of the Crown Law Office, appeared for the Crown, and Mr. H. F. O'l.oary for the prisoner. Mr. L. J. Gray was foreman of tno Mr. Mnc.isser, in opening, stated ■ that tho accused was a clerk in the General Post Office. Wellington, in connection ■with which there was what was called n Mail-room Pnstimos Club. Tho accused was treasurer of this club, and receivert tho moneys of the club, and it was his duty to keep a proper book of accounts. Tn his position as senior clerk, the accused had the confidence ot his fellows. As lime went on the accused becamo careless in his work, and it was ultimately found that hi 3 accounts were wrong. Tfe evidence for the -Crown was the same as that given in the Lower Court, the witnesses called being Claud B. Redward, accountant fit the State Firo Office Cicely Mead, of the office staff of Alcook and Co., Athol S. Moore-, clerk in tho G.P.0., and secretary of the. Pastimes Club. The last-named, in cross-examination, said that the receipts from subscriptions totalled about JMO, and from billiards ,ei2fl. and there were other Teceipts. Last rear's totnl receipts amounted to .-C2Ol. He. ns secretary, would receive nil this money. Various accounts had to be paid, and he poid some of the small accounts, and the dockets represented cash. A balance-sheet signed by the auditor was presented at the annual meetin? and adopted. He presumed the balnnce-sbeet wns audited. Accused left in June, handed over the hndke to witness, ana , gave an LO.U.. for and 6aid he wanted the money for family reasons. Accused said he was .£2O short, nnd that he would send the amount down from Hastings. Donald IT. Dinniston, clerk in ; the G.P.0.. and cliinf executive officer (chairof the. Pastimes Club, gave evidence similar to that given in the Magistrate's Court. Cross-examined, witness said that a balance-sheet was presented at the annual meeting, iu November last year, and if was adopted on the motion of tho witness. Tho biilance-sheet was in rough form, and the accused apologised for it. The balance-sheet had not been typewritten. He presumed the balancesheet had been audited, otherwise he would not have moved its adoption. He ■was surprised at the accused giving an 1.0. H. ior .£2O. ' A special meeting was called, and the accused was given until September 20 to repay the amount. Ernest Charles Gamble, a Postal official, said that he could not remember receivini tho balance-sheet of the club to be typed. Mayer never told the witness thar he (Mayer) had had a hunt for the roirch balance-sheet. _No such discussion took place. ■ Evidence was also given by Henry Pilchard Allen, a former auditor of the club. Hearv D. Howards, and DetectiveSerceaut Lewis. - This concluded the case for the prosecution, and the Court ihe.n took the luncheon adjournment. On resuming at 2 p.m. Mr. O'Leary Enid that accused wished to withdraw his plea of not guilty, and when prisoner was cuestioned he confirmed his counsel's statement, The prisoner was remanded to Saturday for eentence.

CIVIL CASE SALE OF A PRIVATE HOTEL His Honour Mr. Justice Emyards and a jury of four heard the civil case of Frederick Broughton Brougli, of Petone, private iiotelkeoper, v. 11. Skilling, of Wellington, private liotelkecper. Itr. 'i'. Noave appeared for the plaintiff, and .Mr. T. C. Hislop for the defendant. The statement of claim set out that on September 12, 1919, the defendant, through his agent, F. J. Fanning, land agent, agreed .to sell to the plaintiff his interest in and leaso of the Rutland Private Hotel. Pliiuiner's Steps, as a going concern, tor the sum of '-£2875. The terms of the contract of sale and purchase were , .£IOOO to be paid on account of the purchase money, tho balance, to bo uaia oG at the rate of ,£l2 per week, payable monthly, interest to bo at tin* iato of 7i per cent., to be adjusted each month. The sale was to be reckoned as complete, and possession given on October 1. 101!). The agreement was executed', and it was alleged that the defendant represented the leaso as con tainins no provision imposing on the lessee any obligation for painting and vaniishiiic tho premises. This representation, 'it was claimed, was material, and so inade with the intention of inaneing, and did induce, the plaintiff to make the purchase. The plaintiff pai:l tho sum of <i 250. in part payment, and it was alleged that the representation with resiitet to painting and varnishing ■was fake, inasmuch as the lessee wa.s obliged, at the end of tho fourth year of the lease, to paint, and varnish the , premises and also to repaper certain ■portions of tbo interior. . The plaintiff therefore claimuu J;250, the amount of the deposit paid, and ,£IOO damages, toEether with costs of the action I''or Hie defence it was admitted that the sale and purchase took place, but denied that there was representation with respect to the ob-gation on tho wirt of the lessee for painting and varnishing. Tho defendant denied that if. was a. material representation, that it induced the plaintiff to make the purchase. Tlio defendant claimed that prior to tho execution of the contract (ho nlaintift bms informed that the lease could bo seen at the office of the agent ot tho landlord; Plaintiff subsequently eaw and perused tho lease, ana made no obiectiou lo the terms Evidence was given by seven witnesses, four for the plaintiff, and three for tho defendant, and after a retirement of about half an hour the jury gave a verdict in favour of plaintiff. His Honour entered judgment accordingly, with costs according to scale. As the- plaintiff abandoned the claim for damages, the-verdict nirans that he gets back his deposit uf .£-50.

PALMERSTON NORTH SESSIONS By Telegraph.—Special Correspondent. Palmerston North, November 12. At the Supreme Court yesterday Charles Cookery was acquitted m\ charges of counselling two lads, Henry Joseph Lewis and Alfred Mervyn Capp, to break and enter a tobacconist's shop and steal therefrom goods and money to the v.ilno of £i 12s. Cookery was also acquitted on a cliargo or' having j-eeeived t:lio snnio goods, knowing them to have been stolen. Lewis and Capp, who pleaded guilty in tho Lower Court to charges of theft, were ordered to come up for bcnlcnce when called upon.