ALLEGED FRAUD.

Wairarapa Daily Times, Volume XVI, Issue 5177, 8 November 1895, Page 3

ALLEGED FRAUD.

CONTRACTOR AND STOREKEEPER. At the Masterton S.M, Court, this morning, K, O'Brion was charged, on the information of John Graham, of tho firm of J. Graham & Co., with fraud, Mr C. A. Pownall appeared for and Mr W. G. Hoard for 'T|^lefendniit. It appears that an ordor was given on J. Mcßae, in favour of Mr Graham who, it was agreed, was to liavo a prior claim ou the wages of the debtor, 4 J. Graham, on oath, slated that ho was a storekeeper in Masterton. Know that O'Brien had a contract in conjunction with two others named Martin and Ml. Ho recognised that the order submitted was tho one given and signed by O'Brien, Martin and Heid in favor of witness. Saw the order siguod. Supplied goods at the time of receiving the oi-dor to tho value of £tt Is Id. Notified Mr Mcßae personally of the order and though ho showed him the order, witness received no money at the time. O'Brien, Martin, and Roui called at hisstoro on 30th October. O'Brien was spokesman and said they had a very bad contract, having been deceived by the scrub being thicker and more dense than expected and that tho measurement was 300 acres and it turned out to more. Altogether it was a yoiy Toad paying contract, O'Brien had only £lss and Martin and Reid £1 2s 6d each after paying witness £2O on account. After hearing this, witness asked thorn the amout of the cheque they received from Mr McRae, but they could not remember what it was. They said they had paid £22 wages; £l3 for meat supplied, and that as it turned out I such a bad contract, Mr Mcliae made them a picscnt of £5 extra. Witness therefore took £2O on their representations. The men returned certain articles, which left a balance of £olss 7d owing. On account of their representations witness allowed the balance to stand over. On the next day Mr Mcliae called and gave witness a statement of the facts which wero not as the men badstated tlnd henco the present proceedings. ' By Mr Board : Allowed tho amount to stand over on the representation made by O'Brien. It was after lie had the facts from Mr Mcliae that his attitude towards the affair changed, The men did not . Ajfer him to Mr Mcßao. They told ydm that Mr Mcßno would tell him all about it when he came down, hut one of the principals had lett the district. They would not refer him to the bankon which the cheque was drawn. Had questioned their statements, gave them tire benefit of tho doubt, Sent for O'Brion and wanted him to pay up fhebalancoin cash. O'Brien said he would not do it. Would not i like to say that he did not give O'Brion till a fixed hour to settle. Nover offered to settle up for £5. O'Brien had represented he was really a sufferer in the matter, and had been "done" by his muto. Furthor, that if it had ( not been for him (O'Brien) witness would not have got the £2O. Witness went with O'Brien to Mr Pownoil's office.' Would swear that it was prior to the information being laid that O'Brien was informed that proceedings would be taken against him. O'Brien steadily refused to settle up more than he considered his * jj& re °f the debt, which he conJslfered was £3 ss, to stay proceedings, At this time the question arose in witness' mind whether it would bo ' right to condone what seemed to him ' to be a criminal offence, Came to '. the conclusion that acriminal offence > had been committed after Mr ' Mcßae informed the witness that ' ' ho had paid the sum of thirty ' pounds to be handed to witness, and ' which witness had never received. ' Had offered to sottlo the matter for ' £ 5 subject to his solicitor's approval. | This was either on Monday orTues- ' day last. He did know that in '• offering totake£s he was compound- ' , ing a criminal charge, but in hav- ' ing before him accused's referonco ' to his mato there was a slight probability of O'Brion boing brought in to the action without beiug fully aware of the nature of it, and witness, considering tho matter gave accused tho benefit of the doubt. Would not have trusted O'Brien or the , others without tho order, as a matter of business. When they had sottled up on the contract they told him they could not say how much J&y bad earned. They said it was bad contract. From the information given to him by O'Brien ho calculated that each man would have about £4. They then said there woro other payments that they had to make. The. amount he made out as coming to them was about £63. By Mr Pownall: O'Brien had ropoatedly offered to settle before, and after the proceedings were intitnted. O'Brien had mado out that Martin wanted to clear out with the whole amount, and that he » (O'Brien) was Martin's dupe. John Mcßae, sheepfarmer, residing at Bowlands.said I was the employer of O'Brien, Martin, Held and Fell in a scrub cutting contract, O'Brien and Martin were the principals in the arrangement of the contract. Wages men wero employed, and during tho progress of tho contract Fell retired, and I settled up with the other three. I settled up with thorn at the ond of laßt mouth. O'Brien was the only man present at tho settlement. I paid £SB 9s 4d in settlement, after deductions. The amount was paid bv cheques payable to O'Brien eUpncompany and bearer. The cwract was for scrub-cutting ou 369 acres at 4s 6d per acre. Off . this, had to be deducted meat and stores, £8 8s ad; cheques for wages paid, £l6 3s i total, £24 lis ikl. I did not detain any per centage, as I understood all wages were paid. Tho assignment to Graham it Co,, was sent to mo a few days prior to settlement. I did not deduct tho money, because O'Brien assured mo ho would pay the money to Graham as soon as he got to Masterton, when pjw went about somo things to be deducted. I suggested thatl should detain the monoy and that any error would bo credited by Graham and Co, O'Brien said he thought ho was well enough known in Masterton to be trusted to pay the money. I thereupon gave the cheque for the full amount, on the understanding that the money would be paid to Graham and Co, as soon as O'Brien reached Masterton. On the following. Thursday I came to Masterton awyound the money had not been ' fully paid. I am certain I did not state that generally I did not recognise orders, I did not say to O'Brion at the settlement that I did notaccept ordek l; Iliad verbal 'notice of the order;- and tho assignment was .'!, i'ecoived' by :, me some days prior : ." to' the' settlement. A letter accompanied the order for £ls but not ■:;■';■ the 'order for '£3 l. ' [itn sirfiKft,}