ALLEGED THEFT

Wairarapa Times-Age, 11 February 1941, Page 3

ALLEGED THEFT

AN AUCKLAND CASE PHYLLIS BARNETT ON TRIAL 'I — J CONDUCTS HER OWN CASE. J — • i (By Telegraph—Press Association.) I AUCKLAND. February 10. . | Phyllis Olive Barnett, aged 31. appeared before Mr. Justice Blair in the Supreme Court, charged with, stealing • £BOO. the property of Mary Cochrane Baird and Sarah McNeish Baird. She conducted her own defence, informing the judge that she was financially embarrassed and was unable to engage counsel. She was permitted to > sit at the counsel table and exercised ■ her full privilege of challenging six . jurymen. For the Crown. Mi - . Meredith said evidence would be given by Mary Baird, typist on the city council stall', that in October. 1939, she lent £6OO on mortgage through the office of Robert Urquhart, solicitor, by whom Barnett was employed. Later Miss Baird and her sister handed £BOO to Barnett to be placed in Urquhart's trust account and received a trust account official. In 1940 the question of the mopey having been tampered with was mentioned, and Barnett told Miss Baird i that, if so. the loss would be made good out of the Solicitors' Fidelity Fund. .Urquhart would give evidence that ho was unaware of the transaction. Evidence of her depositing money] with accused was given by Miss M. C. Baird. "You are aware of my two previous] trials?" accused asked in cross-exam- i ination and received an affirmative. I She elicited from witness that wit-' ness had told Urquhart before last Sep- 1 '.ember that she had this £BOO in his I trust account and that he had denied knowledge of anything about it, After! accused had been found not guilty in - two trials, witness had told accused ! that she was going to demand £Boo| from Urquhart. Witness had made a claim on the Fidelity Fund. It was wit-1 ness who suggested the investment to. accused. Accused asked that the name i of Urquhart be substituted for that of] the Misses Baird in the charge, as owner of the money, but his Honour! explained that, the Crown was charging her with stealing the Misses Bairds’ money and if it failed to prove that she would get off. Robert Urquhart gave evidence that he could find no trace of a receipt of £BOO. Asked by accused about her defence in the previous case, witness said there never was a defence. Accused: I put it up to you. Mr.; Urquhart, that you stole Miss Baird's | £800? Witness: I know nothing about it I Did you instruct me to issue that! trust receipt?—No. | Witness said he might be owing ac-1 cused something, but he had not had ] an opportunity of straightening out the ] position. Accused said she could not proceed' further without the production of certain of Urquhart's books, and his Hon- I our adjourned the case to give her an opportunity of seeing these. Accused was released on bail.