CHARGE AGAINST A SOLICITOR.

Temuka Leader, Issue 1451, 7 January 1886, Page 3

CHARGE AGAINST A SOLICITOR.

At the Resident Magistrate’s Court, Wellington, on Tuesday afternoon, before Mr Wardell, R.M., MrE. Shaw, solicitor, of Wellington, appeared to answer a charge of having on the 15th November, 1884, been entrusted by Alex. McMinn, as attorney or other agent, with a cheque for £B3 2a 2d, drawn on the Union Bank of Australia, Palmerston North, bearing date 11th November, 1884, and payable to bearer for a special purpose, without authority to negotiate, transfer, or pledge the same, and did, in violation of good feith and contrary to tiiat object, negotiate and transfer the cheque. There was a second information charging the defendant with having, in spite of directions to pay the cheque to Mr Russell or Messrs Izard and Bell in payment of certain costa, converted it to his own use. Mr Travers appeared for Mr Shaw, and Mr Jellicoe for the prosecutor. Mr Jellicoe explained that the case came up under the 74th section of the Larceny Act of 1867. The circumstances of the case were briefly these. In 1884, Mr McElvio and McMinn were sued by Mr Russell for libel. Judgment was recorded against them, Shaw rendered his account for defendants’ costs in the usual form showing that there was then a balance of £l2 14s between him and defendants. On the 11th November prosecutor sent Shaw a cheque for £B3 2s 2d drawn by himself which was accompanied by a letter directing Shaw to pay the cheque to Izard and Bell in settlement of the taxed costs. On the 14th November, Shaw telegraphed to the prosecutor but other documents promised ” (referring to a promissory note of the 15th). Shaw instead of paying Izard and Bell paid the cheque to his own account at the Bank of New South Wales where his account was overdravvn. From time to time Izard and Bell applied to Shaw for the money, but he gave various excuses, and at last this firm wrote in November 1885 to prosecutor and told him that unless their costs were paid at once they would take proceedings. Shaw’s clerk, Hopkins, afterwards telegraphed . “ Costs are still to your credit; Shaw confined to his bed last fortnight.” Eventually prosecutor had to arrange with Izard and Bell, who gave a receipt which would be produced in evidence. It was undoubted that Shaw had received the money and bad not paid it over. On being called the prosecutor did not appear, and after taking the evidence of one witness the case was adjourned. A Wellington telegram states that E. Shaw has filed a declaration of insolvency.