THE CHARGE OF EMBEZZLEMENT AGAINST AN INSURANCE AGENT.

Temuka Leader, Issue 1146, 28 February 1884, Page 3

THE CHARGE OF EMBEZZLEMENT AGAINST AN INSURANCE AGENT.

At the City Police Court, Dunedin, on Tuesday, February 26th, Joseph Mackiy, an insuram-e agent, W;>B charged on the information of David Luckie, insurance commissioner, for that "on the 14th day of Janniry, 1884, beicg employed as a servant of the Government Insurance Commissioner, he did by virtue of his said L employment, and whilst he was so employed as aforesaid, receive and take into his possession at Woodbury, New Zealand, certain mon Q y, to wit £6 9s 6d, for and on account of the said Government Insurance Commissioner, his master, and the said money then fraudulently and feloniously did embezzle."—Detective Henderson applied for a remand to Geraldine, where it was alleged that the offence was committed. —Mr Stout, who appeared on behalf of the accused, said that the action taken by the Government Insurance Department in this matter was most extraordinary. In the first instance Mr Mackay was arrested in Canterbury, taken before the Bench at Timaru, and remanded to Dunedin. After that he appeared to have been brought up before another magistrate, and remanded to Geralline, This having been done, he applied for and was at once granted bail to appear at Geraldine on Thursday next. The accused had since then been in telegraphic communication with tho Departmental Wellington—who must have been satisfied that there was no intention on his part to defraud, because they admitted having more money belonging to him in hand than it was alleged he had appropriated—a:id yet while he was out en bail a warrant for his arrest on the same charge had been executed. It seemed to him (the learned counsel) that because Mr Mackay had left the Government Insurance Department, for which he had been a successful canvasser, and had joined another insurance office, Mr Luckie had US ed the power and aid of the Government to crush him. The telegrams which vould be produced in evidence would show that Mr Mackay had actually left the Government Department because, as be told the Colonial Treasurer in pretty plain though vulgar language, he con sidered '■ the Department was rotten." He (the learned counsel) asked the Bench not to grant a remand in this case, but to proceed at once with the investigation of the case. No doubt in considering the application for remand to Geraldine the Bench would consider the convenience of witnesses. Now, the witnesses f< r the prosecution would have to be br(u«ht frocn Wellington and Auckland, and it cou'd be no inconvenience to tlipm whether the case were heard in Geraldine or Dunedin ; but as Mr Mackav's witnesses were all here it would be unfair to ask him to go to the expense of taking them to Geraldine. The matters to be investigated were simply whether Mr Luckie was accused's master or not, as was alleged in the warrant, and whether accused had appropriated tbe money ; and to settle these disputes there was no necessity for going to Geraldine. The action of the Department appeared tp him to be most extraordinary.—Detective Henderson said the accused was arrested that morning by virtue of tbe warrant produced, and asked that he be remanded to appear at Geraldine on Thursday. The accused gave the police to understand that he did not iutend to appear there on Thursday, and that was the reason he was arrested on a fresh warrant. —Mr Stout : I myself called at j the police office and wrote out a telegram "V,- to the Inspector at Timaru to see if we could not arrange to hard the case heard here. The detective had do right to make the assertion that Mr Mackay irtended to break his bail b.md.— Detective Hend arson : He said he would not appear at Geraldine on the 28th inst.—Mr Stout said that he intended to raise the question as to whether, the accused having been remanded to Dun?din by an R.M., there was any power to remand him subsequently to Geraldine. —The Bench expressed an opinion that the remand should be granted.—Mr Stout urged that the remand should be for one week, as it was impossible for the defence to «-et up their case in two davs.— Detective Henderson pointed out that the witnesses had all been summoned to appear at Geraldine on Thursday next ; and the accused was then remanded to Geraldine until that day, bail being allowed in his own recognisance of £SO, and one surety for the same amount, — Otago Daily Times.