ALLEGED EMBEZZLEMENT.

Patea Mail, Volume VIII, Issue 1042, 4 June 1883, Page 2

ALLEGED EMBEZZLEMENT.

At the R.M. Court on Friday, before C A Wray, Esq., R.M., Geo. Beamish was charged with embezzling the funds of the Patea County Council. Mr Barton appeared for the Council, and Mr Harnerton on behalf of the prisoner. T1 le following evidence was taken Edward Charles Horner ; I am Clerk and Treasurer to the Patea County Council. T produce minute-book of Patea County Council, marked A. On page 299, No. 4 —38, there is a resolution dated 4th January, 1882, appointing the Clerk registrar of dogs. John Black was then Clerk. On page 13, 6—13, there is a resolution annulling the appointment of Black as Dog Tax Collector, dated sth July, 1882. I produce the letter-book of the Patea County Council, marked B. On the 241h June, 1882, a letter was written asking Beamish to send in a return of dog fees collected. I know the signature of the Chairman of the Patea County Council The letter of the Bth July, 1882, produced and marked C, is the signature of the Chairman. In the letter book, marked B , page 676, I find a press copy of a letter purporting to bo signed by Geo Harden as Clerk and Treasurer of the Patea County Council addressed to Mr Beamish. The letter is dated the, Ist November, 1882, and enclosed copies of resolutions passed by the Council. The resolutions are on page 300 of the minute book, marked A, numbers 1, 2, and 3, over 46 ; (resolution read;. The paper produced and marked D, purports to contain a supplementary list of dogs registered.- Mr G. D. Hamorton forwarded this document to the Council, and stated ho forwarded it on behalf of Geo, Beamish. I have never seen any other list. It appears to bo a supplementary list to one delivered before. It was handed to mo on March 14th, 1883, at the Council offices. On that day X received the letter produced and marked E. The letter was addressed to the Chairman, and laid before the Council, and a resolution was passed on March 14th by the Council in Committee. A copy of the resolution was forwarded to Beamish, On page 780, letter-book is a press copy of the letter sent to Beamish. I received the letter marked E and the list marked D about the same time I believe, but would not be certain, On 16th March by Cash book, marked G, the sum of £67 6s was deposited in the Bank of Now Zealand to County account by Mr Hamorton. I think it was on that day 1 received the supplementary list. There is no record in the Cash book marked G, of dog taxes having been received for 1883, other than the amount of £67 Gs paid in by Mr Hamorton In the Committee Minute book marked F, there is a resolution dated Ist November, 1882, appointing mo ns Clerk of Paten County Council.

Cross-examined : Mr Beamish’s tender was simply accepted as Collector of Dogtax, I could not say whether Beamish was ever notified that his tender was accepted. Mr Beamish received no salary, but a commission _ at per dog registered. There is no record in our books before he commenced collecting of any resolution that he was to pay amounts into The Bank as they were received. There is no record of any document to my knowledge in the office of surety being given by Beamish as required by the Act. The letter of the 14lh March marked E was sent by Mr Hamorton during the sitting of the Council. It was on the same day I replied to the letter. -1 wrote the letterin«reply in words as I thought fit. The money was accepted by the Council unconditionally, and 1 recollect Mr Hamerton giving me the list next dayor the day after.'" I led; Mr Hamerton to believe that I would not: undertake that proceedings should be withdrawn. I did not lead Mr Hamerton to believe that proceedings would begone on with again. It was my intention to imply (hat proceedings would not be with-; drawn on money being paid. I accepted Mr Hamerton’s letter in terms. The statement forwarded by Mr Beamish was satisfactory to the Council as far as the money was concerned. I was never Clerk to the Council till after Beamish’s appointment was annulled by: resolution. I can see no record of a notification being sent to Beamish of his appointment. Re-examined: I did not accept Mr Hamerton’s letter in full terms but accepted the money without condition. The Court here adjourned for an hour, and on resuming, EC Horner was recalled, and gave evidence as follows : I produce the tenders signed by Beamish, marked 2 and 3. .1 cannot find the tender marked 1. (Tenders produced marked H and I.) I am not aware whether 1 is in existence. Robert Horner : I am Chairman of Patea County Council, and have been since June 1882. I was owner of a male dog in 1882. The dog was kept at my farm at Whemiakura, and was named “Dash.” The dog was a brown spaniel, and in 1882 was about six years old. I paid 10s dog tax for him to Mr Beamish as Dog Tax Collector. I paid the tax at the Collector’s office to Mr Beamish. I received no receipt but a badge. (Badge produced marked 1882 paid the amount on the 6th January, 1882. The letter marked C was signed by me. Subsequent to that letter I had an interview with Beamish in August or September, to the best of my recollection, in connection with the dog tax. I reminded Mr Beamish that several notices had been sent to him, and that the then Clerk had been deputed to see him on the subject, and that the Clerk informed me that he would see Mr Harner(on snd get the matter settled by P.N. I advised him to see Mr Hamerton at once, or 1 did not know what the consequence would be. I did not ask for the mone3 r directly' on that occasion. He stated he had lost his account in removal. That is the only interview I had subsequent to the letter marked C, on that subject, I believe. It was understood that Mr Beamish was to give a bill. I did not ask for an explanation on that occasion, or any other occasion. Cross-examined : I am not aware of any record by which Beamish was informed of his appointment as collector. I was a member of the Council at the time, but not Chairman. I paid dog-tax previous to my appointment as Chairman. I was appointed Chairman on the 7th June. Mr Beamish continued to collect up to sth July, 1882, All books of the Council were accessible to Councillors at the meetings, I was not Chairman when the appointment was made. There was no resolution passed that Beamish was to give sureties. He was not to collect at a salary from the Council, but so much a dog. The more dogs he registered the more he would make. Under my instructions. I was aware of several interviews taking place between the Clerk and Beamish, with the view of settling either by bill or otherwise. Our object was to obtain some account of monies collected from time to time, and to obtain the cash. We did not continue negotiations until the money was paid into the Bank. My last communication with Beamish was in August. The letter, dated the Ist November, was authorised to be sent to Beamish, by resolution of the Council. Shortly afterwards wo took proceedings to force the production of an account; Mr Beamish informed me previously, and subsequent to notice that he could not furnish an account, having lost his books in removing to the hotel. I was present at the sitting of the 14th March as chairman ; X lecollect receiving the letter marked E at the meeting of the Council. The letter was the result of a verbal communication at Mr Hamerton’s office. I had spoken to Mr Hamerton frequently that I would like to have the matter settled. After Mr Hamerton first appeared for Beamish I spoke to Mr Hamorton with a wish to get the matter settled. Previous to Beamish’s imprisonment I wished to get an account with a view to getting the money and statement. If we had got the statement it- would lay with the Council to consider what should be done. The letter of (ho Bth July and marked C was written of my own motion and was the result of an expressed wish of I ho Council to get the money. Previous to the letter of the Bth July there was no resolution of the Council to prosecute Beamish. I took no objection to the matter being settled by a P.N. previous to the Bth July. As Chairman of the County Council I was personally satisfied with the account rendered. My personal wish was for the matter to bo settled. I declined to re-swear an information until a resolution was passed, calling on mo to do so. I thought it illogical to swear an information again after 1 had withdrawn one. The clerk was instructed by the Council to write the letter marked P. 80-examined : It was not my intention or the intention of the Council as far as I know, to hold out any hope to Mr Beamish by paying in the money that he would be forgiven/ No such hope was held out to my knowledge. The information on the 16th March was not drawn in pursuance of any bargain that if the money were paid in proceedings would be stopped. Frederick Marlin Chapman: I am a farmer and reside in Opunnko district. In the early part of 1882 I was residing in Patea. I owned a black sheep dog named “Sweep.” On the 28th January, I paid 5s dog tax for him to the accused, Geo. Beamish, at (he offices of the Patea County Council. I did not got a receipt. I got a badge (produced) marked 1882—8. I was chairman of the County Council on 4th January, 1882, when resolution No. 4-38 folio 299 in minute book A was passed. I opened the tenders for collecting the dog tax. I received two or three from Bearish. The papers marked H and I are Boajnish’s tenders. The tender marked II was accepted. The result was communicated verbally to Mr Beamish cither by Mr Black (Into clerk) or myself. I was present on the occasion. Cross-examined : About three weeks after the tender was accepted, I instructed Beamish to pay monies collected to the Registrar (Mr Black). I never

gave Beamish a written.acceptance of his. tender. '• No -monies 'wero\paid in by Beamish during the time I was in office. Mr Beamish informed me he had only received one or two small sums previous to my leaving. 1 Robert Macalister : I am Provincial District Auditor. It is part of ray duty to audit the accounts of the Patea County Council. I came for that purpose in September 1882. = I made enquiries with regard to the dog tax. I found that no revenues collected under Dog Tax Act had been accounted for. I made further enquiry, and I was informed that Beamish bed been Dog Tax Collector.. I saw Beamish personally, and I asked him for the dog tax in his hands. He stated he had lost one of the books in which the account, had been kept, and that a great portion of what he had collected had been paid to the Treasurer of ‘the Qpunty, Mr Black ; and that there would be little or| nothing due by him when matters himself and the County were settled. I wrote to him. The letter produced, and marked K, was written by me to Beamish. I had it sent to him. (Letter read.)- 'The. book marked L is the one referred to in letter K. I received a reply from Beamish which is written across the letter marked K. I had some conversation with Beamish and he still stated that he had handed revenues to Mr Black—some £2O or £3O. I wrote again to him (letter marked M produced) and 1 received a reply endorsed on the letter. When 1 obtained the book marked L from Beamish T tolddiim he could have access to it, and that when 1 had finished with it he could have it back again. I examined the book and circumstances arose which made me alter my mind with regard to returning it. Mr Black, treasurer, denied having received any money from Beamish on account of dog-tax, and the book had become the property of the County. Mr Beamish did not produce any receipts from Black. He stated he had never taken any receipts on account of dog-tax. Cross-examined : This book would also be the property of the County Council, as being the only record of monies collected. Mr Beamish did not state where he had to pay his monies. It is the invariable practice for officers of Counties to give their bond, which is required b}' law to be given. It is usual for all persons employed collecting monies to give a bond, whether officers or not. It would depend on the nature of the work, whether a broker or agent, if it were necessary to give a bond or not. Case adjourned till next Friday.