ALLEGED EMBEZZLEMENT.

Taranaki Daily News, Volume LVI, Issue 217, 13 March 1914, Page 6

ALLEGED EMBEZZLEMENT.

BY LATIv TOWN CUCIiK OF INCLEWOIU). At the Magistrate'* Court, Inglewood, yesterday, before Mr. \V. (I. Kenrick. S.M.. Wi!l';iiii (le Croiichy Ogier appeared to answer to of tlr.'ft of moneys from tin; Inglewood Borough Council, for whom lie was actin- as clerk. Mr. C. H. Weston prosecuted, anil ~"r. A. 11. Johnstone appeared for the accused. The original information was in re- , spei't of £2!io, alleged to have been stolen between July 1, 1912, and January C, .1014, but vestordav .Mr Weston apnlied •to alter the sum to £2411 10s Id, and tlie iirst date to October Ift, 101!. After some discussion it was agreed between . counsel to allow the amendment. Accused was. further charged with the misappropriation of £!) 7s !ld, received from John Collin<'wood for the Moa Road Board on November 19. ROAR BOARD MONEYS. The first charge deait with was that concerning the -Moa Road Board. John William Collingwood, of Lepper road, fanner, deposed that lie was a. ratepayer to the Moa Road Hoard, and on November .'io lie oaid £ll 7s !)d for rates to accused on behalf of the Road Board, lie was handed the receiot produced. Harold Trimble, chairman of the Moa ■l.'oad Board, deposed that for fiy« year* prior to December last accused was m the employ of the Board as clerk and treasurer. .On January 21 witness was present witli accused and the (iovernrnent auditor at the Board's office. The auditor then stated to the witneSs, in accused's presence, that there had been en-Lain defalcations which he believed to be a:bout £4OO. Mr. Johnstone objected to the amount being mentioned, and the objection wa-i noted. Continuing, witness said the auditor produced certain receipt-books. 'Witness ; asked accused why the moneys mentioned by the auditor had apparently not been accounted for, to which Osier replied that about two years ago he had pot into financial difficulties. His impression wr.s that during the conversation accused asked witness if he would be ■ prosecuted if lie repaid the money, to which witness replied Mint he did not think the Board would, but that he thought the Auditor-General would he obliged to do so. Mr. Johnstone asked no questions,it entered an objection to the admission of the conversations bctwcjji witness and accused, which was~noted. Harold Trimble, recalled, produced the books of the Moa Road Board., but declined to nut them in, as the business of the Board could not be carried on withj oat them. The balance-sheet was rc- : ijiiired at the end of the month. Counsel for the prosecution, insisted on their production. Witness still refused, and asked loan undertaking that the books would be returned for the use of the Board immediately. Finally the books were put in. THE AUDITOR'S EVIDENCE. James Henry Fowler, Audit Inspector for Taranaki, stated that he audited the booko of the Moa Road Board and completed it about January 1, 1914.. The outstanding rates were considerably larger than in the previous financial year. The audit was for the vear ended March 31, JUI3, but he carried the examination right up to date., asking the clerk to write up his receipts in the cash book and bank hi* money, which was done up to December 21. Witness was then satislied with the audit of the Road Board's books, and commenced the audit of the liHi-lewood Borough Council's books, and finding matters misatisfactory turned again to the Road Board books, and ill the office of the Board he had a conversation with accused and with the Mayor of Inglewood (Mr. \oung), in the course of which witness asked Ogier whether there was the ! tiling (meaning a shortage) with the Road Board's funds as with the ISorough funds. Accused said "Yes," and appeared very upset. Accused offered to give full details of all the items that he had. misused Witness could not 'remember all the actual words used in the conversation. Accused asked witness and the Mayor to say nothing for a dav or two. That evening witness searched the Koad Board office 'and found certain receipt books, one of which was produced. This book dated from October !l, 1913 to January 10. ISJI4. On one page of this book was a carbon copy of the receipt given to Collingwood, signed bv Ogier, as treasurer. The other lload Board receipt book was dated from October 14, 1911, to October 8, 19],'1. Witness showed tlie books to accused, who gave him every assistance in his examination Mr. Johnstone objected to all this evidence as irrelevant to the specific charge of theft of £9 7s 9d. The objection was noted. Witness continued that accused told him he had given receipts out of the books produced, appropriated the money, and when he was in a position to repay any sum he did so by filling a duplicate receipt into the true receipt book, marking the false receipt with the word ''entered." Accused further explained that he destroyed the carbon copv of the genuine receipt, and then made tho corresponding entries in the cash book. Witness did not think that at anv time accused specially said where lie got the money for the refunds, but witness gathered in general conversation that accused had sometimes used his own money, sometimes money represented 1»" other false receipts. Collingwood's receipt was not marked ''entered" and there was no trace of the money received from him in the cash book. Whilst auditing the Moa Road Board books a second time witness, accused and the chairman discussed the question of a refund of the money alleged to be missing, and accused said he hoped to g«t the money from his people. Witness found a total deficiency in the Moa Road Board books of £373 15s Bd, which included the amount paid by Collingwood. Harold -John Moule Thomson, solicitor for the Moa Road Board, deposed that in January last lie was instructed by the Hoard to collect certain monev from accused. On February 5 he received from accused £373 15s 8d the amount stated by the Audit Department to be missiag. Weston at this stage intimated that he had agreed with Mr. Johnstoen that the Moa Road books should not be handed in, merely oral ovidence as to the entries in them being accepted. Harold Trimble, chairman of the Board, re-called, stated that he could find no entry in the book by accused of the payment by Collingwood of £9 7a •Id. Neither could he see any trace of 1 " ,0 hook produced. This concluded the case on that count. Accused pleaded not guilty, and was trial Supreme Court for oi J. he ? e * t two charges were, by consent of the counsel for the defence joined in one information, comprising

tlio, theft, of lis vl mi ! ; .. Hans Align ll«\ or Road, f! i rnic i. ■ 'c'i xnc i id i to Ogicr oi .:! i-: < . ; us road bua.-t rato.. 'iv... •. the rccoiptii ■ .'s in !I, The Koli<'i< to the ll.m d his former i ■. ,'rnce. •loscpll Blllh-r, «f :il k r;l., i farmer, jr;i:■ ■ vidmn incut. to accused on X">vmb, r" ' o' '■ 5s Id fur Mcia Roni! !>0:1 r>i Harold Trimble, ■■ li:tir:~.■ m' if 1 !i ■ Hoard, repeated his fn'-ni' '• i r ( , :ii-c. (lid th- Government Auditoi wi.o nr>> dnt:c<! receipts signed Insaid i• L between D'comber ! ;i»,! ' the i ■:s!i books showed noihin/j iv reived, although recijits 1 from the book produced, wh'c'i included Haverhier's ;ind I in l . ler'.Accused pleaded not gu' I ml v,-i committed for trial, I lie fonni'i bail being allowed. The* lit'iil'iiifjr of the remain']!!' ch:.r::--which include Unit of theft from t'.n Tnglewood Borough Council, was \i journed sine die.