Monday, June 6

Tuapeka Times, Volume III, Issue 123, 16 June 1870, Page 5

Monday, June 6

(Before W. L. Simpson, Esq., R.M., and Alex. Stewart, Esq., J.P.) CHARGE OF EMBEZZLEMENT.

Frederick Lauge was brought up before the Bench, on remand from previous week.

Mr. Gooday rose and said that he wished to amend the information in so far as to strike out the names of Harris, aud Meyers, who had paid their rates to prisoner, who paid the amount into Bank without acquainting the Town Clerk therewith, and substitute the names of George Liston, William Mears, John Airey, and Michael O'Gormon.

The ljarned counsel further stated that it would be in effect commencing the proceedings de novo, and the evidence taken on last day of hearing would therefore be of no value.

The information thus amended being read, the case was pi'oceeded with — the information being at the instance of Win. Hayes, Town Clerk.

William Hayes being sworn, deposed. — I am Town Clerk of Lawrence. I know the prisoner. He was appointed rate collector on the 4th of August, 1869. I produce the minute book of Corporation containing minute of his appointment as collector at 4| per cent, commission. The minutes are signed by the Mayor. I informed the prisoner of his appointment. I gave him the rate books and the assessment book. His duties were to collect the rates and pay them iuco the Bank according to the instructions, giving me a list of those who paid, and bank receipt as well. He brought me the first list on October 23, also bank receipt (list produced and identified), and marked 2 ; the list is in prisoner's writing. The next payment was on the Bth November, L4O 14s 9d. The list produced represents two payments —that on the 23rd of October and the Bth of November. The next payment was made on the 31st December, amounting to L 36 19a 9. The list is in the prisoner's handwriting. The next payment was made on the 13th January, L 23 7a ; next payment was made on the 24th January, Ll2 ; next, 31st January, Ll2 4s 6d. [The lists were produced and identified and marked.] The next payment was on the 16th March, L 22 15s 9d. [This list not produced.] I got one, but can't find it. The prisoner paid me money on account of rates, about the 15th May, amount L 29 9a 3d. He handed me the list representing the amount, in his own writing. I paid the amount into the bank myself — first payment, Ll6 9a 3d. I did not pay the whole amount, because I paid some short time previously Ll3 of my own money to meet a Corporation overdraft. I held Corporation money to represent that amount of Ll3. The prisoner on no other occasion paid me money on account of rates ; he furnished to rae no other lists than those proCßiced. I have given credit in the cash book for the respective amounts in those lists. I gave him credit for the sum of L 22 153 9d — that is the amount the ticket of which I have lost. I have examined the bank pass-book (produced and identified), compared notes with book, and found them to correspond. The prisoner never gave me a list showing that George Liston had paid L 3 6s in January last. None of the lists contain the name of Jnhi Airey as having paid L 3 4s on April, 1870. I have not received a list containing the name of Win. Mears for L 2 on May. I received the list for the first half year's, but not the second, and neither of the lists have the name of M. O'Gorraan for L 2 10s. The last payment made to me was about the 15th of May, L 29 9s 3d, by accused. None of those items mentioned in the information have been credited in the books of the Corporation. The prisoner has never been made to sue since he paid L 29 9s 3d.

Neither has the prisoner paid any into the bank ; if he had done so the bank book would show it. The longest period that a Corporation officer can retain moneys, the property of the Corporation, is forty-eight hours. I received, as a matter of accommodation to him, money from the rate payers. I received from A. M'Nicol, 21s. I paid that amount to the prisoner, who gave me a receipt for it (produced and identified). I paid him 21 s, aud the receipt is for 255. 1 paid him the 21s on the sth of May. He has not since given a list shewing M'Nicol's name, nor for LI ss, the amount of the receipt. I called prisoner's attention to the fact that M'Nicol's name did not apppar on the list furnished to me subsequent to the payment. He acknowledged it was an omission. I have not received any moneys on account of rates since that date. I have received moneys for the corporation since- LIOB odd, and L 24, "but none of these were for rates, they were for Municipal reserves. I have since May frequently requested prisoner fur accounts, verbally and in writing. I received an answer to my application (letter produced and identified.) The signature is not the usual one, but 1 believe it 13 his. The prisoner never produced the book mentioned in the letter as promised by him. The Corporation fix«d a day for the accused to meet them, and produce books and documents. He failed to attend He got due notice. (The minute book produced, and minute read referring to the matter.) The Corporation referred to a Committee the list and letter. I saw the prisoner at Blue Spur on the 4th June. I asked for an explanation, and he Rave none. He promised to come to Lawrence and give up accounts. He started from Blue Spur to come to Lawrence. He left my company to come down. I returned to Lawrence, but did not see the prisoner in Lawrence. A meeting was held in reference to the matter on Saturday, the 6th inst. 1 was not present. Councillor Mears was present. I got a letter handed to me at Blue Spur by prisoner. The purport of the letter waa to the effect that the accused found himself short of Corporation rates, and had gone to the Dunstan to procure the needful to square accounts, and that he hoped nothing would be done until his return. I saw the prisoner afterwards. I told him I got his letter.

Cross-examined by Bench — With the exception of LI Is, I received none of the moneys set down on the information. There has been no settlement made with accused since his appointment on commission. He never presented an account for commission. In November 2nd last, there is a sum of LI Is at the foot. I can't tell what it is for. It is mentioned as balance in hand. The sum total of assessment was L 360. The collector was to have been paid on moneys collected only. The amount collected is L 219 11s

Cross-examined by accused — I say that I was not certain whether there was an order signed for your commission. 1 recollect nothing about it. lam not certain whether I gave you any instructions concerning your appointment except verbally. Ido not recollect whether I notified by advertisement to the ratepayers that you was appointed collector. When you paid the first money I must have received a list. The list now produced is a copy of it, and the signature is your own.

Cross-examined by Mr. Gooday — From looking at the bank book I can tell the amounts paid in by Lange, as his name is in brackets opposite each payment by him. The distinguishing marks were

made by the bank. Alex. Henderson, being sworn, deposed — I am a mounted constable in Lawrence. On Saturday, the 4fch inst., I received a warrant to apprehend prisoner. I apprehended him on the premises of R Grieves, Blue Spur — in Grieves' stable at 1.30 a.m. on Sunday morning.

George Liston, being sworn, deposed — I remember the prisoner calling on me on the 12th January last. He asked me to pay the rates. I paid him L 3 6s. He gave me a receipt, now produced. It was for twelve months. I saw him sign the document. I paid him in cash.

Horace Bastings, being sworn, deposed — I am Mayor of Lawrence. I recollect signing an order for the appointment of the accused as rate collector. I affixed the seal of the Corporation to the document. I have had many conversations with accused in respect to his appointment. He acknowledged having received the appointment under seal. He did not qualify his acknowledgement in any way. I told him in the event of summonsing any person for rates to be careful and bring his appointment along with him, as it would be necessary to produce hi 3 authority to sue. I have often given him instructions about his duties, and never to retain above LlO in his possession, bxit place it in the bank. My reason for telling him so was that Lange's business habits were rather loose ; and moreover, the Town Clerk had told me that Lange had more on his hands than I was aware of, or that I thought he had a right too. I have known the Town Clerk ask the collector for a settlement of his accounts. I saw him myself in reference to the matter. I asked hira what amount of money he had in his possession then belouging to the Corporation. He said not more than L 9. This was in presence of the Town Clerk.

Cross-examined by accused — Yon acknowledged to me often that you got your appointment. I told you to produce your authority in Court. I don't recollect, when you wanted to summons the first batch of defaulters, telling you to summons them in my name, as Mayor of Lawrence. Ido not know that any one was summoned in my name, as Mayor of Lnwrencß, for rates.

Cross-examined by Bench — T am aware that there is a clause in the Ordinance prohibiting any Corporation officer from keeping moneys in his possession more than 48 hours.

William Mears, being sworn, deposed — My premises are within the Municipal boundary. I remember accused calling on me for rates on the 17th May. I think it was a Tuesday. He asked me for the last half years rates. I paid him by cheque. The cheque was payable to E. 32. I know this was for rates, as it is mentioned on the block for rates. (Cheque produced and identified.) I have drawn one other cheque for L 2 siice the 2nd April last. The receipt produced is the one given me. I did not see him sign it. He brought it to me afterwards.

Cross-examined by accused— l recollect of your having said that you got no instructions about the result of the meeting. I recollect nothing of any conversation about your appointment. I may have gone to Hayes' office. I have no recollection of seeing you and Hayes afterwards. I have no recollection of speaking to Mr. Hayes about your appointment. Mr. Forbes, being sworn, deposed — I am ledger keeper in the Bank of New Zealand, Lawrence. Meara keeps an account at the bank. I remember the prisoner presenting a chequa of Mears on 21st of May (Saturday.) I cashed the cheque to accused. He presented it. I gave him two one pound notes. If the cheque had been paid by any other bank, it would appear on the face of it, as it would be stamped with the bank stamp. The cheque has never been out of the possession of the Bank of New Zealand. John Airey, being sworn, deposed — My premises are within the bounds of the Municipality. I remember the prisoner calling on me in April for the last half years rates (Monday 4th.) I paid him L34s in cash. I got a receipt (produced and identified.) I remember nothing peculiar abouL the payment of the money. When he gave me the receipt first there was no stamp on it. I called him back, and he put a stamp on it. I saw him sign the receipt. The amount was for the last half years rates.

Michael O'Gorman deposed — I am a tailor. I have premises in Lawrence. I remember the prisoner calling on me for rates in May last. I paid him 20s. I sent it to him, T believe on 2nd May. 1 paid him in all L 2 10s. William E. Farrer, sworn, deposed — lam agent for th 3 Bank of New South Wales. The Corporation keep their accounts at the bank. I produce the pass book. The amount of the tickets produced are in the pass book, and the C >rporation has got credit for the amounts. The signatures attached to the tickets are all the accused's writing. The last payment made by prisoner was on the 16 th March, filled in by prisoner. The names on the back of the slip is in the prisoner's handwriting. The accused paid no money into the bank on account of the Corporation in the month of May. I never saw before the cheque now produced. I recollect asking the Town Clerk to pay to the bank a certain overdraft of the Corporation. He paid Ll3. To the best of my belief it was his own money. He paid further in the mouth of May the sum of Ll6 193. The accused was always furnished with a duplicate slip. The prisoner was committed for trial at the next sitting of the Supreme Court.