CITY COUNCIL BONDS

Evening Post, Volume CXI, Issue 36, 12 February 1931, Page 22

CITY COUNCIL BONDS

MAN FOUND GUILTY OF THEFT

JOEY RECOMMENDS MERCY

For the second time 'Victor Alfred Smith faced a jury in the Supreme Court yesterday afternoon charged with the theft on 24th May last of thirteen Wellington City Council debentures with interest -coupons, of a total value of £1322, the property of the executor of tliosestate of the late Martin Byrne. When Smith was before the Court previously the jury disagreed, and a new trial was ordered. He was found guilty yesterday afternoon with a strong recommendation to mercy, and was remanded for sentence. Smith conducted his own defence, and contended that shortly before his death Byrne handed him an envelope and said, "Take this, Vie, and if anything should happen to me you keep it." He found later that the envelope contained the bonds, and alleged that his solicitor informed him that the gift was a valid one. Certain of the evidence for the prosecution was that the late Martin Byrne was a mean man almost to the point of being miserly, and that it was unlikely he would give the bonds to Smith after having known him only a short time. A will was produced showing that the deceased left all his property to a brother in Ireland. The jury was out three and 'a half hours, and the foreman, in announcing the verdict, said that it was considered Smith took an honest action in consulting his solicitor, and afterwards fell.