R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 208, 13 August 1884, Page 3

R. M. COURT, GISBORNE.

THIS DAY. (Before J. Booth, Esq., R.M.) John Bourhe v. A. J. Thomas.

Embezzlement of funds belonging to the Gisborne Harbor Board to the amount of £23 3s. 9d.

Mr. Nolan for plaintiff, and Mr. Rees for defendant. Mr. Nolan said the facts were set out in the information. Accused had acknowledged receipt of the money which he had p-omised to pay by a certain time, but had not

John Bourke, Secretary to the Gisborne Harbor Board—Accnced was employed by the Board as What finger under conditions produced. Produce letter from accused dated 13th December 1883, applying for the appointment. He was duly appointed by a

.esolution of the Board. He acted as Wharfinger and collected monies. I produce nanifest book and cash book kept by iccused. The cash-book was checked >y mo up to 80th June. On that .ate I discovered a discrepancy of £23 3s 9d. I last saw accused with reference to his books »n the sth August in presence of Messrs. Graham and Dickson (his sureties). On the 2nd August I said to accused how about the noney that is short. He said the sureties would pay me. I said has it come to this hat the sureties have to pay the money you admit is short. I don’t recollect his reply. I took the books and locked them up. Did not see him again till the Sth August. Messrs. Dickson and Graham came in with accused md Mr. Graham said they had come about che accounts. I showed them a statement which I had made out and explained the nature of it. I found there was £23 3s. 9d. short, which accused said he admitted. I said to Mr. Graham you have to collect the imount of £2B 3s. 6d., that being the imount of manifests said to be uncollected. The accused was very abusive and I refused ! co have anything to do with him—telling him I would only deal with the sureties. They then left the office. I produce a receipt in accused’s hand writing. The amount is not shown in the cash book as having been received. Several other receipts .landed in, one of which was for a larger amount than shown in the butt, I have not been able to find counter parts to cover the discrepencies. Accused got the receipt books from me. They have not all been returned. The Telephone (produced) contains a notice of the appointment of accused as Wharfinger. By Mr. Rees—At the conversation when Messrs. Dickson and Graham were present accused did not admit that these sums in the cash book had been actually received by him. 1 certainly understood that it had been received by him and spent, and I told them so. I said I did not know whether the sums in the cash book had been received or not. I have not enquired whether Graham, Pitt and Bennett’s account was paid or not. I have not enquired as to the payment of any sums entered in the cash book. Just before I suspended accused he paid me three sums, viz., £9, £lO, £lO 25., total £29 2s. The cash book should be a transcript of the manifest book, with the items carried out, if it was properly kept. An item appears on the 13th May (55.) in the manifest book as paid, but it is not in the cash book, I will not state that the item has not appeared in Messrs. Kennedy and Bennett's account and that it has not been paid to the Board, When I saw the sureties I made up the full amount of £52 17s. 3d. for moneys received and moneys not then paid to Thomas. This was the amount he had to account for. Up to 30th June there was £23 3s. 9d. due to the Board as per cash book, which included uncollected accounts to that date, after giving credit for the lump sums paid by accused. There always have been outstanding accounts. The letter produced is in my handwriting and was sent by me to accused. The amount of outstanding accounts cn the 30th June was £23 3s. 9d. I cannot say whether there was a larger amount due for wharfages. I suspended accused on the 19th July. I cannot state what amounts may have been due when accused was suspended. I do not recollect accused telling me he had lost his pocketbook, although I heard it indirectly. I made up the accounts from the manifest books and asked the sureties for the balance as if it had been received by Thomas. That included the amounts to 13th July. I heard from accused chat merchants refused to pay amounts due for wharfage to him because he was suspended. Although I suspended him and he made the statement just given, I called on the sureties to pay the amount, which they did. [Left Sitting].