H. S. IZARD.

Wairarapa Age, Volume XXIX, Issue 8322, 2 January 1907, Page 3

H. S. IZARD.

EEMANDED TO WELLINGTON.

FURTHER BAIL OPPOSED.

Henry Stratton Izard appeared on remand at the Masterton Magistrate's Court, on Monday morning, on charges, which have already been enumerated, relating to his bankrupt estate. The following additional charge against the accused was read: —"That, in the month of June, 1905, he received from Henry Robert Bunny, of Ahiaruhe, sheepfarmer, and —. Bristow, merchant, of Wellington, the sum of £1,837 with a direction that the sama should be deposited in the Permanent Investment and Loan Association of Wairarapa, at interest, pending investments -being found for the same on mortgage of freehold security, and that the said Henry Stratton Izai'd, in t violation of good faith and contrary to such direction, ha fraudulentlys applied such money to his own use." Mr B. J. Dolan appeared on behalf of the Crown, Mr C. A. Pownall (instructed by Mr C. P. Skerrett) for the accused, and Mr H. C. Robinson for the Mahupuku .Estate. Mr Pownall applied for a further remand until after the holidays. Mr Dolan did not object to the remand, but stated that he had been instructed to opposs further bail being granted, as it had come to the knowledge of the Crown that if the accused were again allowed to be at large the result would be disastrous for certain beneficiaries in the Mahupuku estate. Counsel stated that accused had taken advantage of the time that had elapsed since the commencement of the case to exert undue influence over his ward in the Mahupuku estate, Grace Mahupuku, who had not yet attained the age of seventeen years.

Mr Pownall stated that he had received no notification that bail would ba opposed. He complained of the unexpected nature of the opposition to bail, and thought- that, in fairness to accused, he should have received notice, because he was now practically defenceless in the matter. He further stated that had he received notice he could probably have procured witnesses to disprove the contentions of counsel for the Crown. He presumed that the matter which the Crown referred to was the fact that Grace Mahupuku was at present residing at accused's house. He explained that the girl had quarrelled with her mother, and having no other suitable home to go to, had asked Mrs Izard to protect her. He understood that arrangements had been made by Mr' Robinson for the girl to leave for Dunedin on Thursday next.

' Mr Robinson stated that he had not seen either the accused or the girl since the last sitting of the Court, and had made no such arrangement. In reply to the Magistrate, he said that accused wa3 sole guardian of the girl, and trutstee in the estate,

The Magistrate thought that the position of affairs was very unsatisfactory. \ The accused stated that the reason why the girl was living at his house

was because she had come there and

complained of her mother quarrelling with her. He said he would have nothing to do with the matter, and referred the girl to his wife. The girl stayed in his house of her own free will, and would not go back home. He was perfectly willing that the girl sould go home if she could be induced to go. An effort had been made to induce the girl to go home, but she would not go.

Mr Pownall thought that the best course would be to grant bail on condition that the girl left the accused's house.

His Worship said he did not think he would be justified in granting bail while the girl was living in the accused's house. Either the girl must go, or the accused would have to reside.elsewhere.

• Mr Robinson objected to, the accused being liberated on any understanding of that sort. The girl would nto go home, and the influence of accused would be used so long as he was at liberty.

Mr Pownall thought the present state of affairs was persecution, not prosecution. Accused stated that he was quite prepared to go to his own residence in company with Mr Robinson, and there issue instructions to the girl to go home. Mr Robinson asked His Worship to refuse bail until arrangements satisfactory to his clients had been made by him. All diligence would be used to allow of accused being liberated on bail, but, if such arrangements could not be made, it was only fair that accused should be kept in custody.

The Magistrate thought best way out of the difficulty would be to grant bail on the same amounts as before, and remand the accused until Wednesday next. Mr Pownall said he understood that Mr C. B. Pharazyn was willing to replace Mr H. G. Williams as surety. Mr Pharazyn rose from the body of the Court, and stated that he refused to become a surety for the accused.

Mr Dolan drew the Court's attention to the irregularity of counsel for the accused acting as bondsman for the accused.

Mr Pownall said he had been instructed to appear, not by the accused, but by the accused's solicitor (Mr Skerrett). Counsel saw nothing in one member of the profession helping another member. # § The Magistrate agreed that the procedure was irregular. However, he added, the sureties would have to be justified. Accused was then remanded until January 9th. ~ The necessary bail was not forthcoming in the afternoon, and the accused was lodged in the Wellington Terrace Gaol on Monday evening.