SOLICITOR CHARGED

Rotorua Morning Post, Volume 2, Issue 370, 3 November 1932, Page 5

SOLICITOR CHARGED

(Press. Assn.'

AUCKLAND MAN STANDS TRIAL FOR ALLEGED FRAUD EVIDENCE BY CLIENT

— By Telegn-pti — Cocylglit).

Auckland, Wednesday. The trial was commenced at the Supreme Court to-day, before Mr. Justice Herdman and a jury, of Charles Stewart Leahy, solicitor, of Auckland. The indictment against accused was that on March 7, 1931, having received £25 on account of a sum of £176 13/- for Frederick John Young, and for distribution pro rata among his creditors, he fraudulently applied the same to his own purposes. There was a second count in the indictment, namely, that, on November 30, accused, having received £114 12/4 on account of Young, did fraudulently apply this sum to his own purposes. Accused, who pleaded not guilty, was represented by Mr. J. F. W. Dickson. He was allowed to leave the dock and sit beside his counsel, at the barristers' table. The Crown Prosecutor, Mr. V. R. Meredith, said Leahy was practising as a barrister and solicitor until May 18 last, when he was suspended. The allegations against him concerned money belonging to Young, who, last February, sold a launch which he owned for £525. There was a mortgage of £300 on the vessel, and the balance of £200 odd, was paid, on Young's behalf, by the firm of Stewart, Johnston and Cqmpbell, solicitors, to acqused. Young instructecl accused that a sum of £176 13/- should be distributed amongst his creditors. It was alleged _ that Leahy had stolen the sums mentioned in the charge. Sale pf a Launch Evidence in support of the charge was given by Young, a boatbuilder and labourer residing at Colville. Witness said at the time he sold his launch he knew Leahy just by sight. He met him about this time and instructed him to take over the money from Stewart, Johnston, Hough and Campbell. Witness made no arrangement at the time about legal expenses with Leahy. Witness had never had an account of what accused had done with his money: In May witness got a bankruptcy notice from his prineipal creditors, and went to see Leahy. When witness handed the bankruptcy notice to accused he just laughed and said: "We'll fix this up." A conversation toolc place. Leahy thought for several minutes, and then commenced to draft a document. Later he handed the document to one of his clerks, saying: "You are a better writer than I am. Take this." Then he dictated the contents of'the document and passed it to witness, saying: "If you will sign that, everything will be fixed up at an early date." Witness glanced at the document hurriedly and signed it. This was on May 19. Witness had since examined the document. The date on it had apparently been altered. The case was adjourned.