POLICE COURT.

Manawatu Herald, Volume XXIX, Issue 3776, 8 October 1907, Page 2

POLICE COURT.

[Before Messrs P. W. Franklaud and Alex. C'oelclmm, J’s.P.J At the above Court this morning George Blanche was charged with the theft of £\ 15s and £1 is, moneys belonging to the Council and held by him as poundkeeper and as a servant of the Council.

Mr R. Moore appeared on behalf of the Council and Mr Read for defendant.

Mr Moore defined the Act under which the charge was laid. Accused had not paid over the moneys collected. On his refusal to pay over, the Clerk on behalf of the Council sent accused notice stating that if the money was not paid within seven days he would be dealt with as the law directs. Counsel submitted that the notice should not have been sent. It was only necessary to prove that the money bad been appropriated. As accused, however, had made arrangements to return the money this should reduce the penalty. Accused did not make any attempt, days had elapsed and only after however, to pay the money till the 7 his arrest. Mr Hickson had tendered the money to the Clerk atter accused had been arrested yesterday. but the Clerk refused to accept it. If a person had committed a theft, and had subsequently returned the money, the fact remained that a theft had been committed.

Alf. Fraser, Town Clerk, in evidence stated that accused was poundkeeper, and received certain fees on impounded stock. He had asked accused on several occasions for payment of the fees, but had been met with evasive answers. Had sent a notice to accused on behalf of the Council, that unless the moneys were paid in within seven days he would be dealt with as the law directs. After accused had been arrested yesterday afternoon, Mr Hickson came into the office and tendered the money on behalf of accused, which witness refused, as he .thought the law would have to take its course. Whether he had acted wrongly in refusing the money he could not say. ’

By Mr Read; Had laid the information under instructions from the Mayor. Was not aware that Blanche was in poor circumstances, Mr Read : You laid the information for Blanche’s arrest before the seven days’ notice had expired. Witness: There are not two Mondays in a week.

Mr Read ; You sent the notice on the 30th, and Blanch was arrested on the 7 th, and the money was tendered you on the 7th. Rather quick work ! Is it not a fact he offended you and you “ got your back up?” Witness; I would not take any notice of a man of his stamp. By Mr Read : The money was tendered by Mr Hickson at about 3.10 p.m. pesterday. I posted the notice a little after 10 o’clock on 30th September. By the Bench : In his opinion accused thought the Council would allow the matter to pass. Constable Woods gave evidence as to arresting Blanche at 3 o’clock yesterday. After Blanche had been released on bail he paid the amount claimed by Council into Court.

By the Bench: Blanche collected the money from Hickson. Blanche said he paid the money to Hickson to be paid to the Town Clerk yesterday morning as accused was going out of town flaxcutting. He told Hickson that Monday was the last day on which payment could.be made. Blanche seemed anxious that the money should be paid, but owing to some difference with the Town Clerk he left it till the last day. Mr Read, in closing foe the defence, said Blanche was an illiterate man. When he received the notice on the 3rd inst. he was of opinion that he had seven days in which to pay it. No motive had been shown that he had stolen the money, and he was not aware that a crime had been committed. Hickson had the money to meet the payment. He submitted that it was a bit of quick work on the part of the Clerk, who shpuld have waited until his office closed at 4 p.m. on Monday before taking action. Had Hickson paid the money there would have been no cause tor action as there was no intention on the part of accused to defraud the Council. The accused desired to give evidence, but broke down in the box. He said Hickson had omitted to pay the money. He had not received monej r from a number of people whose stock had been impounded. There was £\ still owing to him in fees. The Clerk and he were not on good terms.

By Mr Moore: Told the Clerk that the fees were at Hickson’s. This was after accused had been dismissed bj' - the Council. Had not been informed of his duties. Did not think anyone in his position could profit by anything Mr Fraser could tell them. Mr Fraser, recalled, said Mr Hickson had never said he had got the money. He said that Blanche had asked him (Hickson) to advance the money. There was no truth in accused’s statement that witness was on bad terms with him. He had met accused in every way possible.

After a short deliberation the accused was convicted and discharged, each side to pay their own costs.