Supreme Court.

Manawatu Herald, Volume III, Issue III, 21 March 1891, Page 2

Supreme Court.

I CHIMIN AL BUSINESS. (Before His Honour Mr Justice Edwards.) Wednesday, March 18th, 1891. His Honor took his seat at 10.80. EMBEZZLEMENT. C. H. Tomlinson was charged with embezzleing certain funds which had come into his hands in the capacity of secretary to the Bandott Small Farm Association. Mr Fitzherbert appeared for the Crown and Mr Soutney Baker, of Palmerston North, defended the accused. The following jury were empanelled: — S. H: Mansottj James Hatdher, Wm. Gibson, Alex. Wilson, Chas. Smith, James Dow, Benjamin McCaul, T. 0. Williams, W. C. Hodgson, Wm. Adair, W. Briggs, and Henry Herringshaw. Mr Manson was chosen foreman. Prisoner pleaded riot guilty. Mr Fitzherbert (Crown Prosecutor) stated the case for the Crown. In going through the charges he observed that a special - Act had been passed by Parliament permitting private indivuals to form themselves into an Association for the purpose of taking up a small area of land, consisting of 100 acres of rural land and two or three acres of town section. The former was under the deferred payment system, whilst for the latter cash had to be paid ; and upon this basis an Association had been formed which was called " The Sandon Small Farm Association." The \Bsociation comprised in all some 53 members, and application was made to Mr Marchant to have the land set apart ior them. The prisoner had been appointed to the position of secretary and treasurer, and Mr Bowarter to that of Chairman. All correspondence upon matters connected with the Association and the Land Department passed between the Secretary and Mr Marchant. Tomlinson had duly forwarded a cheque for the town land to the Receiver General, his receipt being obtained for the amount, £242. Some little time after this payment, the secretary of the Association received correspondence from the Land Department, Wellington, pressing for the portion due on the country lands — namely, one-tenth. On the Ist December the accused wrote a letter without authority, from the Association asking that the £242 which had been placed to the credit of the town land should be transferred to that of the country land. This was accordingly done by the Land Department. Mr Marchant, in the evidence subsequently given by him, stated that it was a very reasonable request, as the rural land could not be alloted until the tenth payments had been made. Mr Fitzherbert called Constable Moon as the first witness, who produced a duplicate of the writ served upon the accused to produce all his books and papers. J. W. Marchant, Crown Land Commissioner, Wellington, was examined at considerable length by the Crown Prosecutor, and all the correspondence which had passed between himself and the prisoner was gone into, One letter, dated 17th August received from Tomlinson, enclosed a cheque for £248, with instructions to place it to the credit of town lands, and another sent on December Ist asked that the amount be transferred to the credit of country lands, which was accordingly done. Mr Baker cross examined Mr Marchant, chiefly in regard to a registered letter that had been forwarded to the Chairman (Mr Bowater), with additional instructions to the local postmaster not to deliver it to any other person. George N. Baggett, Receiver of Lands Revenue, was next called, and produced butts of receipt book, showcertain payments by Tomlinson, stating that the town land had as yet remained unpaid for. G. M. Pybus, a clerk of the Bank of New Zealand, Bulls, at the time of Tomlinson's dealings with the bank, vouched to the correctness of the duplicate paying in slips (produced) and copy of survey account. Mr Bowater, Chairman of the Association was then placed in the box and produced receipts for moneys paid by him to Tomlinson, and also informed the Court tliat the reason of paying in the money in the first place to the town land was that the members of the Association might be represented at the late elections. In reply to a question asked by Mr Baker as to his previous experience of prisoner's conduct, witness stated that he had known him for 16 years and had always put perfect confidence and trust in him. Mr I aker then continued a lengthy and somewhat severe cross-examina-tion of the last witness, who acknowledged that hia memory was failing and unreliable in regard to certain matters. James Reid and Charles Stent, also members of the Association, were called as witnesses for the Crown ; also Mr T. C. Fookes, Solicitor. The Crown Prosecutor summed up and made special reference to the

fact of the prisoner having suppressed from the other members of the Association the correspondence received from Mr Marchant, the Commissioner of Crown Land-, pressing for the payment of money due for the town land. Mr Baker then addressed the jury at considerable length, and when he had concluded the Court adjourne&fc^ till 8.15. Upon resuming, his Honor summed up, and the jury retired, but as they could not agree they were locked up for the night. The jury which nooi been looked up the previous night, returned to Court yesterday morning at 9,45, when the Foremaa-stfeted they were unable to agree, and coiiU not get a unanimous verdict. They were then discharged and a new jury for a fresh trial emparmellea' ; consisting oi —A. Mitckell, W. fioiderl, A. Ged_getti, W. Morgan, Neil McDonald, A. McGloughhn, James Anderson, A. Smith, T. Gordon, S. W. Nicholls J. McElwain, and G. Bevege. Mr Anderson was chosen foreman. . The whole of the evidence wai re-heard, and Mr Baker commenced rrirf address to the jury at 5.30 p.m. and did not conclude till 8 o'clock, when Hia Honor adjourned the sitting till 9 p.m. to allow of refreshments. Upon resuming His Honor sumtned up reviewing the evidence, of the dh% ferent witnesses. The jury retired at 10.18 p.m., but on being seiit for by the Judge at 11.20, the Foreman stated tha. they had not been able to agree upon a verdict. His- .Honor ordered them to be locked up for the night, and the Court adjourned till 10 a.m. to-day -.-^-Chronicle' Upon resuming at ten this morning the jury had still not agreed, and were discharged. Prisoner wat-then discharged for the time being.