FOUND NOT GUILTY

Dominion, Volume 34, Issue 45, 16 November 1940, Page 13

FOUND NOT GUILTY

Case Against Woman Law-Clerk SECOND TRIAL ENDS (B<; Telegraph—Press Association.) AUCKLAND, November 15. The retrial of Phyllis Olive bainetl. law clerk, aged 31, on charges of theft, which began before Mr. Justice Fair in the Supreme Court on Monday morning, ended tonight. ‘The charges were that accused stole cheques of £996 and £220 11/8 from her employer, Robert Urquhart, solicitor, and the jury found her not guilty. Ihe previous jury disagreed.

Addressing the jury, Mr. Beckerleg, for accused, emphasized that this was not a trial of Urquhart, but of Phyllis Olive Barnett. A person could not be charged with stealing if wbat was done was with the knowledge, connivance or consent of the owner, aud that was the position iu this ease. Evidence showed that accused merely acted as Urquhart's agent. Mr. Meredith, for the Crown, saiu they bad been occupied for a week investigating Urquhart's accounts and, whether be was a good book-keeper or not, not one penny piece bad been lost by any of Urquhart’s clients, and that was the only thing that could wake such inquiries relevant. . Counsel referred to accused's signed confession, prepared by’ her solicitor, Mr. Beckerleg. “If my friend knew it was not true,, said Air. Meredith, “he bad no right to allow it to bo signed and handed to the police.” . His Honour said that what the jury had to consider was whether it was satisfied that these moneys were taken by accused without the consent or knowledge of Urquhart. Had the Crown evidence satisfied them that he did not make an arrangement, which the accused alleged, for her to take the money and use part of it. for betting on his behalf? The jury had to be on guard against considering matters proved where only suspicion had been raised. They might think the evidence went no further than to indicate that Urquhart had been very careless, without any intention of dishonesty. Mrs. McDermott’s evidence confirmed in a most decisive way, Urquharts story, and his negotiations with her were consistent only with honesty. It was difficult to believe that if accused was innocent she would be willing to take the whole blame after two months’ consideration and consultation. The jury brought in its verdict of not guilty after a retirement of three hours, and accused was discharged.