AN AGENT CONVICTED

Dominion, Volume 14, Issue 272, 11 August 1921, Page 9

AN AGENT CONVICTED

FAILS TO ACCOUNT FOR MONEY VALUELESS CHEQUES ISSUED In the Magistrate’s Court yesterday, Joseph Harvey Cornish was charged that on October 23, 1919, ho received from Henry Hall the sum of .£26 6s. 6d. on terms requiring him to account for the same to his employers, Early Brothers, and omitted to account for, or pay it, thereby committing theft, Acting-Chief Detective Andrews appeared for the police, and Mr. J. C. Hanna for accused, who pleaded not guilty. At the request of Mr. Hanna tho amount was reduced to .£2O, so that tho case could be dealt with summarily.

William M. Early, a member of the firm of Early Brothers, said that his firm fixed up lighting systems. In October tho accused was employed by tho firm off a commission basis; his duty was to obtain orders for the lighting system and instal tho same. The accused was instructed to fix up the ysstein at a Mr. Holl's, the order for which the accused himself obtained, and the job was completed satisfactorily. Some days later witness saw the accused in tho street, and after some discussion he promised to call at tho office and settle up. That was the last witness saw of him The accused collected the cost (about ,£26) from Hall, and there was owing to the accused about Al 2s. 6d. Harry Hull, residing at Lower Hutt, stated that the accused fixed up the lighting system at his place. Witness gave him a dheque for .£26 6s. 6d., and obtained a receipt. Harold White, bank clerk, Lower Hutt, rave evidence as to cashing tho cheque for 6s. 6d. The money was paid over tho counter to the person presenting the cheque. , . . Detective Holmes gave formal evidence as to interviewing the accused, who made a statement. .. Mr. Hanna said that it was not a case of theft at all. Cornish was not a worker in the employ of Early Brothers; he was an agent for the firm on commission. According to figures supplied by the firm the'accused had a Tight to believe that ho was entitled to at least dCIS, and if there was something due to Early Brothers that was a matter for a civil action. , , Accused gave evidence. He said he had been employed by Early Brothers to earn T&ss for orders, and to install the ing system. He admitted cashing the cheque given him by Hall, and said he thought he had a right to do so in view of what was owing to him by the firm. He told Mr. Early that The had received the cheque, and that he would come in and square up. Before he could see'them again he was called urgently to Nelson, where his wife was l ? ing HL He.subsequently obtained a position in Nelson, where ho remained. He had tcen Wellington on several occasions, and had not called on Early Brothers. The Magistrate said he would 9 on '' the accused. He was the agent tor the firm, and failed to comply with his oblignCornish was then charged that on July 4 last, in Wellington, lie obtained from W. H. Tisdall £1 by means of a valueless cheque, and that on July 11 he tainod JllO from Thomas E. Mills by means of a valueless cheque with to defraud. The cheques were «B“ ed the accused, and were on the National Bank, Blenheim, where he had an ac°°Tho accountant of the National Bank, Blenheim, eaid that from April last they were continually returning the accusedls cheques because there were no funds to m For the defence, Mr. Hanna urgeci that when the accused gave those cheques in Wellington he honestly believed he would bo able to provide for them. Ho wa the inventor of two patents, mteiests in which ho had ’sold, and he was expecting this money. . , The Magistrate said he was going to convict him, for a man could not be allowed to go about giving valueless cheques. Sentence was deferred until this morning, to allow the- probation officer to present a report.