Untitled

Grey River Argus, Volume VIII, Issue 575, 23 September 1869, Page 2

Wednesday, Sept. 22. (Before E. Masters, Esq., J.P.) John Martin, charged with attempted rape, was further remanded for a day. EMBEZZLEMENT. Arthur W. Tew was charged, on the information of John M'Mynn, " that the complainant had reason to suspect, and did suspect, that between the 22nd February and 22nd March, the accused, being then employed as clerk in the Warden's Court, Greymouth, took into his possession L 23 belonging to her Majesty, and the same did feloniously and fraudulently embezzle." Mr Newton appeared for the prosecution, and Mr Perkins for the defence. W. H. Revell : J am Resident Magistrate and Warden of the Grey District. I produce Gazette notice of the delegation of the Governor's powers under the Gold Fields Act to Mr Hoos, the County Chairman, and also the letter from the Chief Clerk appointing the accused to give clerical assistance in the Warden's office, under my direction. From the 22nd February to the 22nd March he did the Warden's Clerk's work, issuing registrations, &c, and receiving monies. He was paid at the rate of 15s per day. I signed the voucher for his salary. He made entries in the cash-book during the period mentioned. With a few exceptions, the entries are all in his handwriting. He received all monies brought in on account of miners' rights, and it was his duty to place the cash in the box and enter it in the cash-book that evening or the following morning. The money was paid into the Bank of New Zealand, to the account of the County Treasurer. I received from M'Mynn, while he was in charge of the Rutherglen Station L 2 3s, on the loth February, for one miner's right and the balance, for Court fees. There is no entry in the cash-book of money received on account of miners' rights from the 22nd February to 22nd March, and the 23 rights which the block shows have been issued during that period have not been accounted for at this office. I received no payment on account of them from M'Mynn. If accused received the money he has not accounted for it in any way. I have known M'Mynn since 1866 ; he has always borne a character for uprightness and honesty. I received a letter enclosing a voucher for LSI 10s, for payment of salary to the accused. Cross-examined by Mr Perkins : Tew was at first appointed for a fortnight ; he continued on until the 2nd April, without any fresh appointment. The appointment of Receiver of Gold Fields Revenue is separate from that of Warden's Clerk. Mr Tew was not appointed Receiver, or Mr Guinness either at that time. It is usual for the Warden's Clerk to forward a monthly statement of the business licenses and miners' rights issued to the County Treasurer. I believe these returns were forwarded during the months of February, March, and April. The return showed the number of miners' rights sold at Rutherglen by M'Mynn and paid in to the office here during the month. The numbers of the rights were not enumerated. The one for April would not show the missing twenty-three rights. The Warden's Clerk furnishes monthly a copy of his cash-book to the Government. The error should have been discovered on the 2nd April, by reference to the previous month's accounts. Mr Guinness was my clerk then. I believe M'Mynn resigned. He was brought before me once on a charge of taking fees from miners for filling up papers. Re-examined : Mr Guinness was acting as Gold Revenue Receiver, and Mr Tew acted as his substitute. The charge against M'Mynn was simply a breach of the police regulations ; I did not consider that it cast any reflection upon his character for honesty. Prisoner was in the office from the 9th February, and commenced to make the entries in the cashbook on the 22nd. John M'Mynn : I am a miner residing at Charleston. In February and March last I was Sergeant of Police, stationed at Rutherglen. I was in charge of that station .from the 16th April, 1868, to 2nd April, 1869, when I was removed to Greymouth, where I remained until the sth May, when I resigned. 1 remained in Greymouth till the 3rd June, when I left for Charleston, where I have been ever since. About the end of April, 1868, I commenced to issue miner's rights at Rutherglen. The whole of the rights contained in this block were issued by me, except three, which are in the writing of Mr Warden Keogh. I issued the last twenty-three in the book, and received the money for them. Mr Revell was. then in charge of the district, so that I could not have paid any portion of this L 23 to Mr Keogh. The book produced is the duty-book I kept at Rutherglen. I see by it that on the 9th February, 2nd, 11th, 15th, 22nd, and 23rd March I was in Greymouth, and not again until I was transferred on the 2nd April. A weekly return had to be sent to the Sub-Inspector in town. I paid in this L 23 to the Warden's office at Greymouth for miners' rights issued at Rutherglen. I recollect making payments to Tew on two occasions, the larger portion of the money being on account of miners' rights. One of these payments was over LlO, and may have been over L2O, but I cannot speak as to the exact sum. When I paid

in money I furnished a slip enumerating on what account the various items were faid, and the numbers of the rights issued, got receipts from the prisoner for all monies paid on account of miners' rights. I kept these receipts until the 3rd June, when 1 burned them, along with a number of others, at the suggestion of my wife. We were then about to remove to Charleston, and I considered that being out of the force so long they never would be required, and they were an encumbrance. Being informed that the books of the Warden's office were balanced monthly, I naturally concluded that if there had been any discrepancy it would have been discovered long before. If I made a payment on the 2nd April the discrepancy could then have been discovered. I was aware that any error could be discovered at the end of any month. 1 waß not aware how the entries were made in the cash-bouk in the Warden's office. I furnished a monthly statement to the Warden's clerk giving the numbers of the rights issued and on hand. The blocks, were sent in to this office before I left the force. I saw them at the Camp before they came here. I heard prisoner on Monday state that he had received money from me for miners' rights issued in Greymouth. I cannot remember having done so. I was once short of rights between the 22nd February and 22nd March, atid I gave Mr Hamilton L 2 to bring me out two. During February and March I had close on LSOO to my credit in the bank, I had three houses in Hokitika bringing me in rents, and a salary of 13s a day in the force. I had no knowledge that the L 23 was missing until I was arrested. I laid this information under ,the advice of my solicitor. Cross-examined by Mr Perkins ; When I laid it I had been arrested on the same charge. The charge against me has been dismissed. I will not swear that the two receipts prisoner gave me were among those I burned. Mary M'Mynn corroborated her husband's evidence as to the burning of a bundle of Government receipts and old letters on the afternoon of the 23rd June. She could not say whether any of these receipts were signed by the prisoner. Frank Guinness : In February, March, and April last I was Warden's clerk at Greymouth, and acting Gold Revenue Receiver. I had no official appointment to the latter office until June. From the 22nd February to the 22nd March 1 was acting as clerk to the Bench, and clerk to the District Court, and the prisoner was performing my duties as Warden's clerk and Gold Revenue Receiver. It was one of his duties to receive monies payable from the out-districts, and he did receive such payments. The entries in the cashbook from the 22nd February to the 22nd March are in the prisoner's writing, with the exception of one or two additions and corrections made by me. At that time M'Mynn was Sergeant in charge of the Rutherglen station. He was authorised to issue miners' rights and pay the money into the Warden's office. Had he done so, he would have given the money to the prisoner. I have never received any money on account of the twenty-three miners' rights shown me. If the cashbook in the office had been properly kept the entries in it would have been made before the cash was paid into the bank every day. Tew made out the paid-in slips for the bank, and sometimes I paid it in, as I was paying in money for the Magistrate's Court. I can find no entry in the cash-book of payment on account of the missing miners' rights. I see that there is a payment of Ll6 on the 3rd March for miners' rights, without any numbers being recorded, or who the payment was made by. The entry is in Tew's handwriting. This is the first time this entry has been noticed, otherwise I should have mentioned it before. I coni elude by reference to the block in the office from which we were issuing miners' rights at the time, that these sixteen rights were not issued at this office, and may have been either at Rutherglen or the Arnold. After the 11th February I did not receive any money from M'Mynn until , the 2nd April, when he paid me for fifteen rights. I recognise an entry in the cashbook of ten miners' rights on the 15th March from the Arnold, so that I conclude the sixteen came from Rutherglen. Cross-examined by Mr Perkins : I was not appointed Receiver of Gold Revenue at this time. lam not aware that the Gold Fields Act requires a Receiver to be appointed. I acted in that capacity merely because it was the custom in the office. Tew was performing all my duties as clerk of the Warden's Court from the 22nd February. It was part of the duty to make up a copy of the cash-book for the County Treasurer. I think Tew made up the one for the month of February, and that I made it for March. Tew may have assisted me by making entries in the Resident Magistrate's Court-book. By referring to it I see that the entries oil the 15th March, the day that M'Mynn is said to have come in, all the entries in that book are in Tew's handwriting. In some of the cases depositions might have been taken, but I cannot say who took *hem down . Perhaps neither Tew nor I did it ; the Magistrate may have done it himself. It is possible Tew may have been engaged taking depositions as Clerk to the Bench in March. 1 may have received money from M'Mynn for certificates between the 22nd February and 22nd March, but I have no recollection of having done so. I could not find them out from the cashbook. lam positive I received none for miners' rights between these dates. (The cross-examination proceeded at some length, in order to show that the witness, by his actions, had never ceased to act as Warden's Clerk and Receiver of Gold Revenue.) Re-examined : Even supposing the 'sixteen miners' rights mentioned to be a portion of the missing twenty-three, seven still remain unaccounted for. lam positive the seven are not accounted 'for by any other entry in the book. I had the same means of knowledge on Monday when I was positive the twenty-three were unaccounted for. I suppose that the reason why the entry of the Ll6 was riot noticed before is because the words "miners' rights" are not written before it, or their numbers inserted. Jas. Johnston : In February and March last I was proprietor of the Melbourne Hotel, Greymouth. The accused was boarding with me then. About the middle of March I asked him for money, and he gave me to understand that he had no money except the amount of salary due to him. This closed the case. Mr Perkins addressed the, Bench, for the

defence, commenting upon $he unsatisfac? Tory nature of the evidence, and the fact of Ll6 of the missing money having been found duly accounted for in the cashbook. ' . The prisoner, having been cautioned, said " I am not guilty." Mr Masters, in giving judgment, remarked that the discovery of the payment of the Ll6 which had been made that daywas certainly a peculiar affair, and materially affected the aspect of the base in Eis mind, seeing that several other mistakes had been found in the cash-book. It was' within the range of possibility that thepayment of another siina might be disco^ vered, to account for the 'deficiency which still existed. There was no direct proof that the prisoner had received the money, although it appeared probable, from tb.6 evidence, that he had, He would not comment further upon the evidence, but simply say that he saw no grounds upon which to send the accused for trial j ho would therefore be discharged. The decision was received with some applause, which was quickly suppressed and the Court adjourned,"