H. S. IZARD.

Wairarapa Age, Volume XXIX, Issue 8337, 21 January 1907, Page 5

H. S. IZARD.

ACCUSED COMMITTED FOR SENTENCE. 1 On Saturday morning, Henry Stratton Izard, late solicitor, of Greytown, appeared on remand at the Magistrate's Court, Masterton, to answer fourteen informations charging him with fraudulent breaches of trust, and misappropriation of clients' funds. Mr W. P.' James, S.M., presided. Mr B. J. Dolan (Messrs Bunny and Dolan) appeared on behalf of the Crown, and accused was represented by Mr C. A. Pownall (instructed by MrC. P. Skerrett). Mr H. C.Robinson watched the case on behalf of the Mahupuku Estate, the largest creditors. Mr Dolan said that, in order to shorten proceedings, it had been agreed between the Crown and counsel for accused, to reduce the charges to four, and the balance of the charges would be formally withdrawn without prejudice. A statement had been handed in by the accused that day to Mr W. B Chennells, Deputy Official Assignee, which would considerably shorten the proceedings. Accused then entered the dock, and the following charges were read: — • ' "A." That Henry Stratton Izard, of Greytown, solicitor, a bankrupt, and trustee in the estate of Martha Mahukpuku, appointed under a deed ' of settlement, dated the 6th day of August, 1905, (1) on or about the 6th day of July, 1905, received as such Trustee from the Registrar of the Supreme Court at Wellington, the sum of £16,000, the said sum being paid to him under an order of the ' Supreme Court of New Zealand, dated the 26th day of June, 1905, with a direction that such money should be invested by him upon the class of securities referred to in subsection 1 of section 7 of the settled Land Act, 1886, the said invest- ' ments.to be held by the said Henry Stratton. Izard,' according to the trusts of the said deed'of settlement; (2) on or about the 17th day of July, 1905, received as such Trustee from the Public Trustee the sum of £12,000, with direction that such money should be applied for the purposes of investment and applicationjin favour of said Martha Mahupuku, as set out in section 9 of the Maori Real Estate Management Act, 1888; that the said Henry Stratton Izard, in violation of faith and contrary to such direction, has fraudulently applied a part of such money (the sum of £15,976 17s 6d) to his own use, being an indictable offence under section 222 of the Criminal Code Act, 1893. "B." That Henry Stratton Izard, of Greytown, solicitor, a bankrupt, on or about the month of June, 1905, received from Henry Robert Bunny, of Ahiaruhe, sheepfarmer, and Edward Bolton Bristowe, of Wellington, merchant, the sum of £1,837, with direction that the same should be deposited in the Permanent Investment and Loan Association, of Wairarapa, at interest, pending investj ments being found for same on mortgage of freehold security, and that the said Henry Stratton Izard,in violation of good faith and contrary to such direction, has fraudulently applied such money to his own use, being an indictable offence under section 222 of The Criminal Code Act, 1893. "C." that on or about the 19th day of May, 1906, Henry Stratton Izard, of Greytown, solicitor, a bankrupt, received from one William Henry Parker Jones, of Petone, settler, the sum of £SOO, with a direction that such money.should be applied in taking an assignment from the said Henry Stratton Izard to the said William Henry Parker Jones of a mortgage debt and security from one Joseph Fellingham to the said Henry Stratton Izard to secure the sum s of £SOO, and the said Henry Stratton Izard, ,in violation of good faith, and contrary to such direction, had fraudulently applied such money to his own use; being an indictable •offence under section 222 of the Criminal Code Act,-1893. "D." That Henry Stratton Izard, of Greytown, solicitor, a bankrupt, on or about the 16th day of February, 1904, received from one Thomas Conwell, of Dalefield, farmer, the sum of £SOO, with a direction tjiat such money should be applied in an investment and loan on first mortgage to Mary, Sexton over one hundred and twelve acres of land, situate at Gladstone; and that the said Henry Stratton Izard, \in violation of good faith and contrary to such direction,, has fraudulently applied such money to his own use, being an indictable offence under section 222 of the Criminal Code Act, 1893. William Boyce Chennells, Deputy Official Assignee, informant in the case, was called, and stated that he had been handed the following\ statement, signed by the accused that morning:— i ■'■'.'•''■> "Masterton, January 19th, 1907. "W. B. Chenells, Esq.," "Deputy Official Assignee, Master--1 ton. "Dear Sir,—l have read the few copies of informations laid, against me by you. ladmit all facts alleged against me \ in, those informations, and that I have committed the offences therein respectively charged. —Yours truly, "H, STRATTON IZARD." In answer to Mr Pownall, Mr ChenHells said that the facts in the informations were first discovered oy him on the bankrupt's own statement. Accused had never attempted to conceal matters with him in any way, and had given him every assistance. This concluded the case for the Crown. His Worship read over the usual directions to accused, who, through his solicitor, pleaded guilty to the charges. Accused was then committed to the Supreme Court for sentence. Mr Pownall made application for bai|, stating that the Supreme Court did not sit in Wellington until February 4th. Mr Dolan stated that he deemed it his duty to suggest doubt as to whether it was proper to grant bail to a person who had pleaded guiltjr to the charges. Mr Pownall: The bail is qirite substantial enough. Mr Dolan: That is a matter for the Court.

After consideration, His Worship granted bail, as before, self of £2,000, and two sureties of £2,000 each. As the necessary sureties were not forthcoming, accused was taken to Wellington by the afternoon mail train. It is understood that the accused will appear before the Wellington Supreme Court for sentence on the 30th inst.