THE PATTERSON CASE.

Taranaki Daily News, Volume LII, Issue 128, 28 June 1909, Page 2

THE PATTERSON CASE.

BREACHES OF THE BAKKBUITC*'® ACT. ■ i-M Tlii> Wellington Times gives full titulars of the remarkable case in wkiduhll John James Patterson, a solicitor, was convicted at Napier oj&jw n charge of committing breaches of-thitinß bankruptcy Act. Wlmt with the that took place in the bankrupt'* offleejlM and ,thc mutilation of roue of the »:3H hooks, the case presented some curioin'jsj feature*. - v-llfH It was shown in evidence that to "raj an accountant the bank hadj gives statements of debtor's affairs showing , f ,ri a surplus of .£101)8 in 1900, £17,702 in 1902, and £21,701). in 11)05. Thosewere '"as statements handed by the accused .to. Jai the 'bank. The statement of August ,'hs| last vear showed a balance of £1665. Another accountant deposed that it wa»iiffl impossible to say from the book* wlie*;>;,'|!| thcr tlic debtor made £6O. APPEAL FOR LENIENCY. &Sjj Council for debtor related the hi*- ' .'"3 tory of the accused's bankruptcy, an 4' '/ ! | thowod that he had arrived at a com". 'wj position with his creditor# which, "'.a had it not been for an unfortunate $ mistake, would have been confirmed ;Jg by the Court. Knowing that this com. . -M position was to be effected he had not thought it, necessary to deliver up Mfr' -'l books as a solicitor. The fire ooeuTTed ' in his office on January 2nd, and counsel ■■ J contended that there, was nothing guspicious about the lire. Sergeant Cruickshank had made the fullest enquiries, . ■£« uml had stated at the inquest that tfcnt'VflW was nothing suspicious. The accused wa« in an unfortunate position. A. M little over three years ago he was worth : <« .121,000, and to-day he stood in a crim- 1 jnal's dock. He had engaged in too many biisincssts and lud Md to de<~ pend upon books being kept bj I servants. '''*sS|

| THE SUMMING UP. | iMr. Justico Chnpinan, in summing up, * i said a man did not satisfy the law bjr -3 simply opening an equipment of books. ■ -i He had to keep them so that an aocountant could by examination find out J the financial position, which Patterson f did not. His Honor pointed out that JjS no accountant had been called to tradict the statements' made bv " C

luiuiti. uiu suivL'un-niK maue oy ' Culloch. It wn« not an answcr for a limn to say his servants were nA dolus ■ ■ their duty. The Legislature oust on a "" man the responsibility of treeing that hi* 4 books were properly kept. If the jury »■' accepted the inference that the solliitor's books were destroyed in the fire It was' a very unfortunate state of affairs, ' but if they did not care to accept this V: somewhat off-hand explanation tbav " could infer that had been no such books. The jury had to consider whether the circumstances cleatod the •' accused of fraud in not dellvCTlnß 110 his books nnd mutilating them, ' The> * jury had really to consider the evU. tnce of the accountant, Mr. McOullpch who had not been disputed If the luit" believed this evidence thw had to d» <'J their duty, howevbr painful it might;, '|l The jury found prisoner mirf*; *sU His counsel pleaded for morevSi tkfrttlfl gronnds of his hitherto uni>lemM»s&§| character, and said that for lU mnltfl of the last ten he had been a meah*£'','9 of the Board of Education, For ; oc'< y9 rears he had been chairman nf'.lfce Board of Governors of the High ScWl s3l and for three .veara he had laeoenMitr 4 's! acted as a school cammlssloOTr. 'n> jl? id hul been Mayor of Dunnevlrfce on nor*!lO than one occasioa, and countel urged the Court to extend mercy i|j ' .UTIXIE'S REMARKS, ' Viji iiu Honor, in passing sentence. 4afJ -.Mil ne was sorry he could not accede 'to N|£&i the request for counsel. It would be very invidious thing if be attempted take such a course in this cue, seeing.. \|iP how lie had dealt with other '.inenJll where fraud was not Alleged. Th. flies were patod to be nhmri <■■«* [[ ; v '« th " duty off the Court frW£&si that they we-" fVv 0 .1. As ---fltfftSrv ] accused should have known tt'e »J m<ii- of ihe ImnKnretcv law,