R.M. COURT, CLYDE.

Dunstan Times, Issue 1092, 4 May 1883, Page 3

R.M. COURT, CLYDE.

Before .Major Ko ldell, R.M. Saturday, April 28th, 1883. George Clark appeared on remand on the charge of embezzling £5 and other sums the property of the Vincent County Council. Mr P. J. Wilson conducted the prosecu lion. John Stewart Dickie, recalled, deposed : L believe there was one or more books in addition to the ones mentioned by me on Tuesday, in the nature of a blank receipt form, for miscellaneous purposes. On taking possession of the Clerk’s office I overhauled the papers in the office, and made a search for the general receipt book. I have not been able to find it. By Mr Livingston’s directions I asked accused where I should be likely to find the receipt book. Accused said he had been looking for the book for several months, but had not been able to find it. I had seen the book in accused’s office. I reported the conversation I had with accused immediately on my return to Mr Livingston. Henry Livingston deposed : I reside at Dunedin. lam Provincial District Auditor for Otago. I audit the Vincent County accounts hal c -yearly. I arrived in Clyde on the 14th November last year to audit the County books for the half-year ending 30th September, 1882. ' I had audited the half-year about 30th April, 1882. The County books were correct at that time. I first saw accused on the evening of my arrival in Clyde. Accused told me that the books were not written up, but they were not far behind. He said it was useless for me to go the office that night—as I had been in the habit of doing. He promised to have the books ready next morning. 1 went to the County Offices next morning about 10 o’clock, and found the outside door locked. About an hour afterwards accused came down, and 1 followed him into his office, when he turned round and said -“I deceived you last night; the books will take some time to write up.” I asked what he wished me to do. He wished to know whether 1 could return again. I told him that 1 could, but being a serious matter, I must report you at once. 1 told him that I should be in Clyde again about two or three weeks, and asked him whether he could manage to get them ready by that time. He thought, somewhat doubtfully, that he could. 1 called accused into a room for the purpose of seeing what state the books were in. Accused bi ought a number of books with him. I opened the cash book in his presence, and found that on the debit side not a single entry had been made since 31st March. 1882. On the credit side a number of entries had been made by accused. His manner had made me very uneasy before, and my suspicions were now aroused, f asked him whether the only fault lay in him not writing up hia books, or whether the money was wrong. Accused sai 1 the money was perfectly correct. 1 then told him that if the money was deficient, I would find it out on examination. I advised him to confess it then if anything was wrong. Accused then adm tted certain irregularities. I asked him of what nature; he did not answer. Accused acknowledged cashing cheques and holding money back for a while. Accusi d assured me that he had banked all the money he had received during the halfyear. I did not believe him, and told him that I would st-’y and examine his books, and not leave as I had proposed. He said if you stay I retract my admission about the ii regulars tins. I examined the books for a short while, and found several suspicious transactions. I asked about them, nut lam not able to recall the items I also asked him to bring the general receipt book, but accused had lost it for a couple of months ; had searched, but was unable to find it. I selected two or three items of rates which had been paid, but not accounted for. 1 read one or two. I told him to open the books and show me where they had been entered. He did not answer, and made no attempt to open them. As be was in a nervous state, I gave him time. After waiting a few moments 1 again asked him for an answer. After a little hesitation, he asktd if he could leave for half-an-honr. I asked him to tell me one or two things and I would be done with him altogether. He then left the office. I saw the County Treasui er between 7 and 8 o’clock the same evening, and told him how matters stood, and asked him to suspend accused Mr Jolly th°n sent for accused to come to the County Buildings. On his arrival I left Mr Jolly and him together ; but still remained in the building. Accused was present when I told Mr Jolly to see what amount of money accused had in hand, and had not banked. We then proceeded to the Clerk’s room, when the Clerk handed over to the Treasu-er a large number of small sums in various shapes notes, cheques, P.O. orders, etc., etc.—as shown in the inventory made by me at the time (inventory produced) in accused’s presence. Tne accused also handed over the kevs, and sai i that was the whole of the money he held belonging to the County. 1 did not again see the accused, tin two occasions before my leaving Clyde 1 sent Mr Dickie to the accused for information connected with the County books. I next came to Clyde on 17tb April inst. I have been engaged in examining the County borics as now written up by Messis Dickie and Rea ton. I have completed an audit of the nooks, as far as practicable, to 30th September last. I speak in the qualified manner because for almost every sum, or at any rate a very large number received, the proper proof of date of receipt, person re•ceived from, or purpose for which received,, has been suppressed or destroyed. There is a deficit of £431 7s 4d. Efforts have been made, and with partial success, to connect the sums paid into the bank with the monies received by accused. In making the audit I did it in an impartial manner. I ha-e struck out sums which were debited against accused, in which the proof was faulty. I cannot say to what amount. There is no doubt about the payment side of the accounts. There is no money paid in at all for hawkers’ licenses. To the Bench : It is part of my duty to see the bank passbook. 1 cannot sav whether there is a cheque paid into the bank for hawkers’ licenses. The Treasurer assisted me in the inquiry one evening. Patrick Nolan deposed : I am a constable stationed ac Clyde. I received a warrant and copies of depositions on 2bth February last from the R.M. Court, Clyde, for the purpose of proceeding to Melbourne and identifying accused, and to obtain an extradition warrant. On the.dhy after my arrival in Melbourne I foundithe accused in custody After obtaining. ' the warrant accused was handed over tp me, together with £l2 4s 2H, and a number of miscellaneous articles, and I brought him on to I Clyde. After beinr? cautioned by the Bench, accused reserved his defence. He was then committed to take his trial at the next Criminal Sittings to be held in Dunedin on July 7th, 1883. Bail wa« allowed, accused in £SOO, and two sureties of £250 each.