S.M COURT.

Motueka Star, Volume I, Issue 24, 1 November 1901, Page 3

S.M COURT.

Before H. W. Robinson- Esq, -S.M. on "Wednesday last, Walter William Jabez Hall, formerly telegraph clerk and cadet in the Motueka Post Office, was charged with the theft of - Government moneys, amounting to L 266. Mr Fell appeared for the Crown, and Mr A. T Maginnity for the accused. Mr Fell, in his opening address, stated that four informations,(covering twenty charges) had been laid, all for the theft of money from the Post Office and Savings bank at Motueka, an amount of L 32 13s 4d being for cash in the box when the boplcs were balanE?d on Friday evening, the 4th Octoer. The accused was cadet and clerk ~nder Mr H. E. Gilbert, and generally handled the moneys at the counter. \ He explained, at some length the universal custom of transacting money- | order and saving bank business. The | accused had given every assistance to him (Mr Fell) and also to the police, and had sought Mr Calders to tell him the amount he was charged with stealing was not all he had taken. He (Mr Fell) did not intend to call the depositors, as there was sufficient evidence, apart from what they could give, to establish a case. Henry Ernest Gilbert, in charge of Motueka Post Office, sworn, said : Accused was "a cadet and had been in the office since June 4th 1896. His duties were to receive deposits. The custom is for the pay in slip to be initialled and stamped by the officer; also the depositors book. The book should be handed back to the depositor, the slip tiled and when time permits the amount received is entered in the journal. The money received should be placed in the cash box. At four o'clock (except on Saturdays) the money 'order and savings bank is closed, and all items . en-, tared in the journal are recorded in the 4-ash book. The cash book should , .show all transactions of the day. If there was no record-in.the . journal or cash "book, would not know what payments i n or out were made. In case of deficiency, the receiving officer would be responsible. The pay in slip produced was signed by Elsie Manoy and initiulled by R. Boyes, and recorded a deposit of £5 on the 2nd Sept, 1901. Could swear the initials were those of Boyes. Produce the journal and rash book of the office. There is no vntry of the deposit mentioned, in the cash book or the journal, therefore 3 would have no knowledge of the transaction. Produce deposit book of .James King. On the 28th May, 1901, there is a deposit of .£23 recorded, initialled by Hall. There is no entry of the ,£23 in the journal or cash book. There is no deposit slip. Produce Krank Moss' deposit book. On the 25th .June, 1900. there is a deposit of X 7, initialled by Hall. There is no entry in the journal or cash book. Produce also the deposit slip, signed by Moss and initialled by Hall. Produce El ward A. Funnell's deposit book. An entrv of £4O appears on the 7th of August 1.901, initialled by Hall. The L=ay in slip was found .enclosed in an •j|j*k>pe addressed to Hall in his hand in the cash book. It was not by Funnell or date stamped, \ ut was initialled by Hall. There is, n•> entry in j >urnal or cash book. All the deposit slips (except Funnell's)' were discovered in an old.coat of Hall's hanging in the back room. Miss Manoy's book was also found there ; the others brought in by the depositors ..at my request. Cross-examined by Mr Maginnity:—Funnell's slip was found enclosed in an envelope placed in the cash box. Did not think accused intended to pay in the money. Hall commenced here as a cadet at ,£76 a year. His present a-lavv is £IOO. He is a mairied man

with two children. During the five . years he has been here his conduct "has so~far as T know officially been excellent, was always attentive his duties, regular and methodical; in fact looked upon him more as .a confidential clerk than a vcadet, considering him thoroughly trustworthy. \ Re-examined- In Miss Manoy's case the pay in slip was found inside the deposit book in the pocket of Hall's coat(hanging in the office) along with four other depositor's slips. Rowland York Boyes, head Messenger, sworn said : Remember Miss Elsie Manoy calling on the 2nd September last when she paid in £5. The signature on the pay in slip is hers, the initials are mine. The deposit book is also initialled by me. I received the £5 and put it in cash box." I filed the deposit slip on Mr Gilbert's table. I handed her the book, but she asked that the interest be made up, and gave me the book back which I placed on Mr Gilbert's, table. 1 never touched the Journal. Next time I saw the deposit slip and book was, when searching with Mr Gilbert it was discovered in a pocket of Hall's old coat. Hugh >' Calders, Chief Postmaster, Nelson j sworn, said:—After the accused ■, was arrested 1 saw him in the presence of his solicitor Mr Maginnity, at the Nelson gaol. I was informed by Mr Maginnity that Hall wanted to give me information as to where I would find the pass books and slips which would furnish the information required to trace the sums of money he had company with Mr Maginnity I went to the gaol. Before 1 went to the jraol 1 had prepared a statement showing the deficiencies which I believed existed in the savings banks accounts at Motueka. I took the statement with me, and showed it to the accused. I now produce the jfearne. My object in showing it to the accused was to find out if it embraced all the defalcations which he had committed. He then, together with Mr Maginnity, went over each item carefully, and as they were read out to him, he admitted that each amount entered on the statement was taken by him. As he admitted each item I carefully ticked them off with a blue pencil. He saw me ticking them off' The items so ticked off represented the various amounts Hall admitted having stolen. The four items include the foar referred to in the present information. Cross examined by Mr Maginnity : Every readiness arid anxiety was shown by the accused to give all possible information respecting his defalcations.- My official knowledge of accused has been, up to the time of his absconding, very good. The reports made by his superior officer, Mr Gilbert, were always favorable. I asked Hall if he could give me any other information as to whether he had taken any other amounts than those shown on the list and he said no. Mr Maginnity stated that he did not propose to call any evidence. The accused on being asked to plead, entered a plea of guilty, and was committed foi sentence at the next Supreme Court Sittings in Nelson, to be held on the 20th November. Hall was also charged that he did steal Government moneys on the following dates during the present year : 19th February £2O; 22nd February, £3O ; 2nd March, £10; 23rd April £lO ; 11th May, £4; 15th August, <£ 5. Leave was given Mr Fell to withdraw the last item and to correct the •date of the third which should be the 22nd of March. H. E. Gilbert, sworn said: I produce the deposit books of KLate- Macmahon showing an entry of £2O on the 19th February 1901; Win. Chapman containing an entry on the 22nd February

of/ £3o_* L-o £lO on the 23rd April ; JnoT Pnmbold with an entry on 22nd March for £lO ; and " Edgar Stuart Wratt flu-wing an entry on May 11th for £4 Also deposit slips initialled by Hs 11. There were no entries in the jourrnd for any of these payments, ncr in the cash book. Hugh Caldeis, swoin, gave evidenoe similar to that reported in the previous case. Mr Maginnity had no evidence to .submit, "-and. aectised was committed for sentence. Accused was also charged with stealing money on the following dates during tie present year: £7 on the 14th Jannaiy, £3 10s and £3 on the 31st Januaiy : L 8 on the Bth February. H. E Gilbert produced depositor's book and several initialled slips frr payments mby Dr Deck L 7, A M. McGlasl an £3* and £3 10s, and J. H. Nagel £.B There were no entries in the journal or cash book. HughCaJders repeated the evidence given in previous cases. Mr Maginnity tendered no evidence and the accused was committed for sentence. The accused was also charged with stealing during the present "year the following sums L 5 on February the 9th; L 8 on the 3rd Maich; L 5 and L 5 5s on 2nd. April ; and on about the" sth of October L 32 13s 7.1. H. E. Gilbett produced depositors books and ceitain initialled pay in slips. : of Ernest Edwards L 5, A. Jenkins LB, Dr Di.c'< L 5 ss, and Harriet Chapman La. None of the amounts appear in journal or cash book. Found a number of head office advice notes (thirteen) in accused's pockets and in a minute book, belonging to the MotueJ-a Brass Band, of which the accused was secretary and treasurer. Remember Friday the 4th October, when I balanced the cash, which was correct. Balanced the book on Saturday and fully believed it was correct. Accused was not at work on Monday. On that morning found he was uot in Motueka, and despatched mails with the assistance of the messenger. Found an envelope in the posting box containing the" key of the safe which had been in Hall's custody since Saturday. My .suspicions were aroused, and I balanced the cash, finding a shortage of L 32 13s 7d. I have not seen the accused since, except in Court. By Mr Maginnity : Before I balanced on Saturday the whole of the cash was in Hall's custody. I satisfied myself by inspection that the stamps .vere correct. By Mr Fell : Accused did not know but tin.t I would want to- count the cash on Satin-day. H Calders lepeated his former evidence. Referring to the cash missing Hall acknowledged that he had taken £3O but. did not deny having abstracted more. Accused was then formally committed f>r sentence at the sittings of the Supreme Court, Nelson, under the Summaiy Jurisdiction Act, 1900. Bail was allowed fo • £2OO, and two sureties < f £IOO e: cY The bondsmen were Messrs C. Holvoake and L S Fowler.