POLICE COURT.

Taranaki Daily News, Volume XXXXV, Issue 89, 11 April 1903, Page 2

POLICE COURT.

Thohsday, 9th April—Before Mr K. L, Stanford, S.M.

MISAPPROPRIATION 0? MONIES.

Wilfred Yon St-.'rtner nppearsd on remand charged wi h tho theft of mooies, at El ham, tliH ptope'ty of the NewPlymou'l) S iah and D>or Puc-ory. Mr Quiiliam (Govefct ami Quil-iam) ippeared for the prosecutois, and M> T. S. Weston ( Weston and Weston) foe the defence.

There were fiyo informations relating to euros of £ll 5s sd, £37 193 44, £2OB 17s sd, £ll6 6s, and £lO lOi 7d, making a t ital of £384 19i 9J, ( Mr Qji'liam briefly opened his case, and called J Edward H. Trib°, secretary to the New Plymouth Sash and Door Company, said accused entered the empl ymenfc of tfe Company iri April 1899. His wages the fi-st yar w-re £2 10a per week, which was incrias d the following year to an avorage of £2 15a per week. The third year this was' altered to£2 per week and commission' on sales of 2| per cen*. year accused's average earnings were £4 7s 61 j per week. R member ascused being summoned to attend a meeting of directors on Mwch 19th. Was pres nt at that meeting. Accused pro laced a small hook containing a riumbar of old book dabfcs. These were gffli tbnugh by the directors, and recused wapq'iesioned regirdiog them. He made various excuses as to why these accouuts had not been paid. He said in several instances the customers were holding back till after tha bank balance on 31st March ; alto that there was a great tightness of moaty in Eltham. Afterwards found out that Bevoral of | these accounts bud been paid. Acting oa instruction went to Eltham on the 124 th March, Said to accused "I hava

come to go round and collect aecouats with you. Started ti make out a list of persons to call upon. Referring to several accused said " that account is paid." Asked him to show me the entry in the cash b ok. The amounts were not there. Said "This is very irregular, Mr Yon Stunner ; are there any. more like this ?" He r plieJ, ''l

am sorry to eay there are. I've gone wrong." Then took the boak* and his keys and oish. F.und accused's cash in his private purse, not in the safe. Received £2l 13s 6d, and found 3s in the cash box. Asked him if he could give a list .of moDies collected but aoo accounted for. He made out a list and signed it in~tny presence; list produced is the one. I did not press him to sign i*. T aske.) bim wh»6 ha had doae with tha money and he said he could not tell where i* hid gone. He said no doubt he h d used it for his private purse. I saw hiai again tha same day. He came to the office at Eltham at my request. 1 wanted him to explaim sums he had not accounted for; he raised no objections. He said I know what you waut this for; the Court. I draw up the document (produced) referring to Brown's account and he signed it. I havd since made a partial examination of the books. The irregularities have 1 been g >i»g on o»er 12 mouths, bu'. i . cannot say how much longer ; tte total deficiency is about £1353. To Mr Weston: Accused Ins only had a safe sines the beginning of December, 1902. Before that he had freauentlv asked for a safe. He «»at, working m twi nuiiuiugs; u« b safe in one and a cash box in th other; ha was running backwards ard forward between to the two. He paid into his private account certain monies with the sanotion of the directors, or rather with my consent. I mean iu regard to a chequ f-r waegs and cartage, which was sent to hi'u monthly. The amount wa perhaps £3O par month. Any moniejhe received on behalf of the Chmpiny he was to pay into the Uompinj'sac count in Elthatn. The business of the Company very materially increased ui to a certain period, but afterwards decreased. Cannot fix the dite without referring to the books. During the last few months the sales have fallen off somewhat. Do not attribute that to any fault tf accused. He has been in the service of the Company since February, 1899. He began as yardman at a silary of £2 ss. I thick he started as m imager at the same salary. In September, fiva months after, he became manager, his salary was in creased to £2 10a. Do not recollect his pressing for an increase to £2 15s. He asked for an increase several tim»s, an employees generally do. In February, 1900, his salary was increased to £3, Oannot say if it was after solicitation to myself or the directors! Most likely to the directors. The last rate of wage awarded to accused was £2 per week, and he was to gat commission on salts. The average earnings were £2 5a and then £2 10a. The total commir-hn he earned on sales during the last year was £124 7s 3d. The amount at 2| per cent, represented iu 6a'.es about £SOOO. I have heard that accused had a sick wife and a sick child, aud understand ii is still s\ Have heard that his wife has had to undergo several operations, and had to be sen' away from home, I kn <w be was being pressed by the Hospital Bnrd. I personally used my influence with the Hospital Board to endeavour to g-v J a i eduction of their account, because I sympathissd wi h him, and undsrsfcoo' his means were limited ; this was when he first joined the company. Tlv> bsiness was a very small affair then. Pri r to soma months ago, wigs and cartage were paid out of cash, aud he charged is in his cash book. The company allowed him to disburse their naoaey, and pay tie difference iuto their account. To Mr Quilliam : Do not think the Directors were aware of sccused financial position. The account is kept at the Bmk of New Zealand, Ehham, which is opto d-iily, Accused b<id no power to operate on 'he Company's account at El' ham. Hnard accused was irrteres'ed io a pic'ure framing business wi h his brother. 1 believe part f his time, which he ought to have given to the company, was taken up with this other business. The total mm earned by accused last year was £230 7s 3d. The 2| per cent, v.as on j sales 'only. The system of sending accused a cheque started in September, 1902 1

To Mr Weston: The year before las*, eccused earned 17s 5).

After he'iricg h>s avidence read over witness said he would like to explain that when ho said accused paid the cheque, for wagea and carting, into his priva'e account with my consent, I mean I heard ho did so.

I Wiliiam Oharles Page, timber merchant at Eltham, deposed: Oi the date tfcated I paid accused .£2OB and i received the rervip 1 ; produced. Samuel McMeehan, of tha firm of Baker and Eltham, deposed : Or. 25ti.i Sopfcomb.'T I paid accussd £llß 6a t»nd received thtreceipt produced,

William Lloyd, buildor at Elthim, depojfed: 0a the 21st October I received from accused ihia receipt (produced) for 5< 51, and oq the 18 h i March one fur .£37 19s 41.

Mr Q lilliam siid thii was the cise for the pr sfcution. The usml caution was then read to prisoner, who pleadel guilty, and wie remanded to Auikknd for sentence on Monday, '2oth iustant. On the appliei'ioa of Mr VVeitan oiil was grauted in two sureti.s if [ £SOO each. The Court rose.