APPLICATION FOR NEW TRIAL.

Taranaki Daily News, Volume XLVII, Issue 81861, 10 October 1906, Page 2

APPLICATION FOR NEW TRIAL.

CHRISTCHURCH MISAPPROPRIATION CASE. (Per Press Association.) Wellington, October 9. The Appeal Court is engaged in hearing an application for a new trial in the Christchurch case of Bruges, solicitor, who was convicted and sentenced to imprisonment in connection with misappropriation of trust funds. His managing clerk (James Goodman) was also convicted and sentenc-

The motion on behalf ofßruges was made on the grounds that the verdict was against the weight of evidence.

Mr Russell, for Bruges, contended that hie client had no knowledge of misappropriation of the moneys made uy Goodman, who had charge of the money-lending department, ho himself at ending strictly lo the legal part of ;he business. It was not until he found some choques dishonoured that he suspected Goodman, and then dismissed him. Mr Russell contended that tho evidenco given on behalf of thv: Crown to show that Bruges knew ot Goodman's theft in 189S and 1905 had been wrongly admitted against Bruges, and further, even if rightfully admitted, it did not show that Bruges had knowledge of the thefts 111 those years, and from that evidence the jury could not reasonably infer that Bruges had had guilty knowledge of tho acts of Goodman in 1901, which were acts charged in the indictment,' Tho Chief Justice remarked that it was a course of conduct extending ovor some years, from which the jury may have inferred that Bruges had knowledge of Goodman's dishonesty. If there had been an isolated act, or one or two acts 011 Goodman's part,, then the jury could not from the evidence have inferred knowledge on Bruges' part, but where these acts extended over eight or nine years the jury may well have inferred that Bruges had knowledge of them. Mr Myers, for the Crown, contended that the jury were entitled to take into consideration the long course of dishonest dealing by Goodman, Bruges being in the office at the time, and having notice that cheques drawn on trust moneys were dishonoured. Judgment was reserved.