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CRASH OF LAWYERS.

SCANDAL OF AUCKLAND

SEQUEL IN SUPREME COUE3E, FALSE POSITION SHOWN. By Telegraph.—Press Association. Auckland, Last Night. Five charges of making false declarations in respect of the trust account of the late legal firm of Hammond axtd Cracknell were preferred against James Waring Jamieson, auditor, at the Supreme Court. Accused pleaded not guilty. Mr. Patterson, for the Crown, said the deficiency in the trust account in 1917 was £11,936, in 1918 over £19,000, in 1919 over £lB,OOO, and in 192 i) £32,500. The total deficiency in the bankrupt estate was approximately £45,000. It was clear the position wa* shown by the firm’s books, and it wae obvious accused knew the accounts were not in order. About August 23 last, about the time of the Hammond and Cracknell crash, accused sent a letter to the Solicitor-General withdrawing a certificate and declaration given on March 31, and he notified the Law Society that things were not quite in order, asking the Society to appoint a public accountant to assist him in going into the firm’s affairs. «

Ivo B. D. Esam, public accountant, said the chief irregularities were the misuse of trust funds in financing clients, the payment of interest and mortgages before these had been received, and excessive drawings by the partners in the firm, the latter coming out of the general pool of trust funds. Arthur Cracknell, in evidence, stated that accused generally posted the entries from the cash book into the ledger. He had been auditor for Hammond and Cracknell for some time, and also attended to the ledger. His salary was £lOO a year. In reply to Mr. Leary, witness stated that accused suffered very much from ill-health, and frequently complained of pains in his head, and at times he became muddled. He was also very sensitive. Accused made entries in the books from time to time which did not mean anything, and posted accounts in the wrong ledgers and placed debits on ths credit sides. Respecting the trust aorount, witness said it was not in order in 1914.

The defence was that accused’s condition of health, both bodily and mentally, had been such that he could not be held responsible for his actions at different periods. Dr. Dundas Mackenzie stated that ho had treated accused. In his opinion he had been irresponsible for seven or eightyears.

His Honor, summing up, said that according to criminal law every person was presumed to be sane until the contrary was proved. The defence in this case was a plea of insanity or irresponsibility. and the onus was upon accused to satisfy the jury he was insane when the offences were committed. The Crown had not had an opportunity of calling in any medical men to examine accused to ascertain his mental state. His Honor charged the jury to be cautions about accepting this plea. The jury returned a verdict of guilty. Hia Honor deferred sentence until the next criminal sittings of the Court in November. He directed that in view of the suggestions made as to accused's health, the Crown should have proper investigations made and report to him.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TDN19220805.2.51

Bibliographic details
Ngā taipitopito pukapuka

Taranaki Daily News, 5 August 1922, Page 5

Word count
Tapeke kupu
520

CRASH OF LAWYERS. Taranaki Daily News, 5 August 1922, Page 5

CRASH OF LAWYERS. Taranaki Daily News, 5 August 1922, Page 5

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