CHARGE AGAINST GAS MANAGER.

Manawatu Herald, Volume L, Issue 40023, 14 November 1929, Page 3

CHARGE AGAINST GAS MANAGER.

ALLEGED THEFT FROM SLOT

METERS

CASE DISMISSED

At the local Court this morning, before Mr. J. L. Stout, S.M., (William S. Heyes, gas manager, of Foxton, was charged (1) that on or about 3rd July, 1929, at Foxton, lie did commit theft of 7/in money, the property of the Foxton Borough Council; and (2) that on or about. 3rd August, 1929, he ,did commit theft of 9/-, in money, the property of the Foxton Borough Council. Air. Af. B. Bergin _appeared for accused who entered a plea of not guilty. Senior-Detective Sergeant T. Quirke conducted the ease on behalf of the Police.

Detective-Sergeant Quake in outlining the case said that accused was employed a 4 gas manager' to the Foxton Borough Council, and part of his duties was to examine and (record 120 slot meters. On certain dates Mr. Kane, Government auditor, and Mr. W. Trueman (Town Clerk) , examined certain meters, counting the money. In every base at least 1/- was short in the money returned to the office by 'the gas manager when lie later read the meters.

AUDIT INSPECTOR'S ACTION. Wlillia-m John Kane, Government Auditor, of Palmerston. North, in evidence stated that in July last, in company with My. Trueman, he visited Foxton and checked certain slot .gas meters in the borough. At the residence of Mr. W". Nye fliqre was 13/- in the meter. The money was not taken out but checked and locked up and the duplicate- Ikeys. taken to Palmerston North by witness. Later, after the •reading, witness-examined this meter and found 1/- in it and the receipt produced by Mrs. (Nye showed an amount of 9/- having been accounted for by Heyes, leaving a. deficit of 3/-. 'F. A. Mason’s place was also -examined when 15/- was discovered. The meter was locked.,up and after reading by Heyes there was a deficiency of 2/-. At H. C. Patterson’s house cash in the box amounted to 20/on the first visit but on the 3rd July the meter had been removed owing to complaints about it. A receipt had been .issued Iby accused for 16/-, 3/- had been handed back to Mr. Patterson and there was a shortage of 2/-. In all cases there Were three keys to the meters. Witness held two and Heyes the other. •On 31st July an examination was made of the Police Station meter. There was 16/- there but on'3rd August there was 2/- in the meter and a receipt, issued for 13/-, a shortage of 1/-. All receipts were in accused’s handwriting. On 31st July, M. E. Perrenu’s meter was examined. There was 25/- in the 'meter. On 3rd August Mrs. Perreau said she had added 1/- making a total of 26/-. There was 1/- in the meter when examined af- ' ter Heyes’ (reading! andj a receipt had been issued for 23/-, leaving a deficiency of 2/-. At Walker's house, Lady’s Mile, a deficiency of 1/was .recorded; at the Presbyterian (Manse, 2/-; F. A. Mason’s (Second (trial), 1/-. Witness also cited other shortages. Witness discovered a .minute in the Council's books that slot meter-holders should be given a discount. This had not been done. The keys were never out of witness’s possession. Air. Bergin: How do you know there were only three keys?l—lnformed that that was so at the Council chambers.

Why was some money put back in the meters? —Mr. Heyes said there was sometimes too much money put in the meter, but witness could not understand this. Any extra money should have been handed to the Council.

Witness, continuing, said Heyes understood that lie was to give discounts. Home consumers complained that they were not getting all the gas they were entitled to. Witness opened all the meters himself. Mr. Bergin cross-examined witness at some length. Mr. Bergin: The'Town Clerk enters up the readings, quantity of gas consumed and cash collected from Heyes’ book?. —Yes. That is done every month? —Yes.

Wouldn’t that record show a discrepancy?—No, not if consumers did not get the quantity of gas they were entitled to receive. At the beginning of my audit I pointed out an apparent discrepancy to the Town Clerk.

Was the mechanism of the meters examined? —No.

You never approached Heyes oh the matter? —No.

He approached you last week at Palmerston North? —Yes.

You reported the matter to the Auditor-General? —Yes on August 4 th. Was the Council informed that you had referred the matter to the Police Department?—'Not as far as I am aware. I advised the Mayor and Town Clerk that I had carried out investigations and reported the matter to headquarters and that no doubt the affair would 'be referred to the police. I also advised them to talke no action in the meantime.

Did you know that the money collected by Heyes was held by him for four or five days before being handed over? —1 was aware that he was in the habit of holding cash collected until the reading was completed, which process usually occupied two or three days. Were you aware that he was handling cash sales at the gas Avorks? —Yes, but these are very small and have always been in order.

Do you know of any case where the gas manager paid in money where meters were not (registering at all?—No, but Heyes said that that had happened.

. TOWN CLERK’S EVIDENCE. William Trueman, Town Clerk, Foxton, in evidence, said he uc‘eompanied Air. Kane on a series of visits to consumers’ residences and .tendered corroborative evidence in regard to the discrepancies in. (ho cash paid in by Heyes. Receipts in , accused’s bandwriting, initialled by householders, were produced showing the amounts they were credited with having placed in the meters. Witness said he had written to accused advising him to give discounts to slot meter holders. There was no evidence of this on receipts issued by accused. Ac- , cased had been in the employ of the Coiuicil over two years. There were 119 or 115 slot meters in Foxton.

ICross-exainined by Air Bergin, witness said accused had been told ito give discount after the resolution was ..passed in 1928. Provision was made in the meters for the recording of prepaid money, which belonged to the consumer. The gas manager’s (book was checked and balanced monthly, and was correct. The meter readings made duning the inspection agreed with Heyes’ readings handed in at the beginning of the month, and the cash tallied with the amount the Council should receive according to the hook. Air Kane took witness and the Mayor into his confidence, but they had not reported the matter to the Council. Ileyes did so last Afonday. No one ever accosted Heyes on the matter. Witness and the Alayor were asked to keep the information confidential. ITeyes was allowed to carry on as usual. No further investigations than those reported that day had been carried out. The previous gas manager gave discounts. There had been no discounts given to slot meter holders since 1928. Witness had not noticed that fact. Witness had never refused to accept money from accused. There was a phrase in the schedule of duties about paying the amount in in one sum. Sometimes mistakes occurred in Heyes’ cash when the ibalanee-up toolk place. On one occasion lie had to he refunded 11/-. Heyes was still gas manager, and had not been suspended up to to-day. It was quite easy for consumers to read their own meters and check- the monthly account.

To Detective-Sergeant Quirke: Certain consumers had complained that they were not getting their correct amount of gas. It would be possible for the manager to supply the gas in accordance with the reading and balance up his cash accordingly.

GAS CONSUMER’S EVIDENCE,

Airs. Afasoft, of Park 'Street, in evidence stated that she had a slot meter in her house and detailed visits from Heyes to read the meter monthly, and also the visits paid by Mr. Kane and Mr. Trueman. Witness had never received a discount and was always satisfied with tlie amount of gas received. To Air .Bergin: She had never made any complaint about the gas. Ella Mary Patterson, of Ravens-v.-orth Place, said she had a slot meter in the house in July and August but had since had it replaced by an ordinary meter. When the slot meter was taken out Heyes made a. refund of 3/-, blit witness could not remember what was said by accused on that occasion. At one time witness was getting gas ‘for nothing and complained to Ileyes who put in another meter anil after that they seemed to be (putting in a shilling every other day. Had never received a discount.

To Mr. Bergin: Neve)’ asked Heyes about a discount.

To Detective Quirke: Heyes counted the money he took out of I lie meter in front of witness, but she never took any notice of the amount collected. E. M. Owen tendered evidence as to the reading of the police station meter by accused. There was never any discount shown on the account in July or August, but for a month or two after that a discount had been shown.

To Mr Bergin: Witness raised the question of a discount to accused, and he said it worked automatically in the meter.

Mrs E. 'Perreau, of Lady’s Mile, said she had never received any discount.

Mr Bergin: You mean no casn discount? —That is so. Was often present, when accused read the meter, but could not remember asking about the discount.

William Nye jm\, of Easton Street, said be had a slot meter installed in his house. Witness never received a discount.

To Mr Bergin: He was generally away when the meter was read.

Margaret H. Clarke, of Park Street, also deposed as to never reneiviug any discount.

This concluded the evidence for the prosecution. DEFENCE OUTLINED.

Counsel for accused said that his client had been charged with the theft, of !)/- and 7/- from the Foxion Borough Council. _ If the evidence of the Town iClcik was to be bedieved, then no matter what had occurred at the individual met erg (lie sunt total handed in to the Council Avas correct, and cash and books eoindided. If that was* so, the prosecution fell to the ground. Counsel said investigations were carried out early in July and yet not one word Avas said ( to Heyes until the Ist November, Avhen he was accosted by Detective Quirke. The matter had not been mentioned to the Council. Heyes was allowed to go on as usual for four months without any supervision, and was given no opportunity of making an

explanation. His client was thereby prejudiced by the long lapse of time, and it was incredible to believe that, the Mayor and Town Clerk could allow a man to hold his position if they entertained doubts as to his honesty. Air Bergin put the whole trouble down to gross carelessness in the handling of the cash. When the matter was finally explained to the Council by Heyes not one (Councillor moved a resolution or spoke of suspending accused. There was no complaint of any discrepancies since the Ist August. Accused denies be has ever taken any money, and if there was a surplus it was unknown to him. Counsel contended the whole system n£ reading and cash collection in connection therewith was little short of a scandal, and lent itself to errors. It was most unusual that, the prosecution had riot carried out investigations during September, October and Novem - ber. Counsel contended that there was not sufficient evidence to warrant a conviction, and lie hoped the S.AI. would give due weight to the fact that the Town Cleilk and A'layor imust have had serious doubts as to the dishonesty of their servant when they failed to suspend him at the beginning. The S.AI.: I doubt, if the money was taken, whether it belonged to the Council. The Clerk cheeked the readings and everything was in order, and the Council had received all it was entitled to.

Detective Quirke: The supply, of gas could be regulated to suit the money in the meter. There is evidence that certain monies in the meters were not accounted (for.

The S.AI.: Yes, but who does the money belong to? Detective Quirke: It is a remarkable set of coincidences. Ten cases of discrepancies.

CASE DISAHS'SED AND AIAGIS- - TRATE’S ICOMMENTS.

The S.AL said that the Town Clerk said lie had received the money in accordance with the readings, therefore the money must belong to the consumers.

Detective Quirjke: It was accused’s duty to account for all the money.

The S.M. said the investigations had'not gone far enough. There was no evidence to say the money was Council money. That had to be proved. The Court could not be expected to draw inferences, nor could it infer that the readings were wrong. If the readings were correct the Borough Council had received payment for all the gas registered by the meters. The S.AI. said lie would not express any opin - ion os to whether the money had been taken. There was, however, no proof of a. Council loss, and on 'the evidence the ease would have to be dismissed.

Commenting on the case, the S.AI. said be considered the accused should have had the earliest opportunity of making an explanation, instead of being left in the dark for three months. Why didn’t the Town Clerk report to the Council on the matter, and then if Ileyes’ explanation had not been satisfactory, immediate action should have been taken. It was all very well for the Town Clerk to say he was bound down. The Audit Department had no authority to bind the Town Clerk and Alayor down on the matter.

Air. Kane has explained that he had asked the Mayor and Town Clerk to treat the matter confidentially as there was no chance of proceeding with the case if it became known.

The S.AI. said no further.,investigations were carried out, and with further comment on the delay that had occurred in apprising accused of tho position, he closed the case.