ALLEGED THEFT

Wairarapa Times-Age, 16 November 1940, Page 9

ALLEGED THEFT

CHARGES AGAINST LAW CLERK. VERDICT OF NOT GUILTY. (By Telegraph—Press Association.) AUCKLAND. November 15. The retrial of Phyllis Olive Barnett, law clerk, aged 31, on charges of theft, which began before Mr. Justice Fair in the Supreme Court on Monday morning, ended tonight. The charges were that accused stole cheques of £996 and £220 11s. Bd. from her employer, Robert Urquhart, solicitor, and the jury found her not guilty. The previous jury disagreed. Addressing the jury, Mr. Beckerleg, for accused, emphasised that this was not a trial of Urquhart, but of Phyllis Olive Barnett. A person could not be charged with stealing if what was done was with the knowledge, connivance or consent of the owner, and that was the position in this case. Evidence showed that accused merely acted as Urquhart’s agent. His Honour said that what the jury had to consider was whether it was satisfied that these moneys were taken by accused without' the consent or knowledge of Urquhart. Had the Crown evidence satisfied them that he did not make an arrangement, which the accused alleged, for her to take the money and use part of it for betting on his behalf? The jury had to be on guard against considering matters proved where only suspicion had been raised. They might think the evidence went no further than to indicate that Urquhart ifad been very careless, without any intention of dishonesty. Mrs. McDermott’s evidence confirmed in a most decisive way. Urquhart’s story, and his negotiations with her were consistent only with honesty. It was difficult to believe that if accused was innocent she would be willing to take the whole blame after two months' consideration and consultation. The jury brought in its verdict of not guilty after a retirement of three hours, and accused was discharged.