SUPREME COURT.

Press, Volume XXIII, Issue 2927, 7 January 1875, Page 2

SUPREME COURT.

CRIMINAL SITTINGS.

Wednesday, Jaxuary 6. [Before his Honor Mr. Justice Gresson.] The sitting of the Court was resumed at 10 a.m. this day. EMBEZZLEMENT. T. V. Whitmore was indicted for having while employed as clerk to Thomas Barton and others, forming a Lumpers' Society, embezzled three sums of money, viz., £21 10s £11 12s, and £20 2s. The prisoner pleaded "Not Guilty." Mr Duncan appeared to prosecute on behalf of the Crown. Mr T. I. Joynt appeared for the defence. Mr W. B. Pyne was chosen foreman of the petty jury. The facts of the case as detailed in evidence are as follows :—ln March, 1874, a society was intended to be formed in Lyttelton, under the name of the Lumpers' Society. Several meetings took place, but the society did not come to anything. The projectors, however, subsequently met amongst themselves, and framed certain rules and regulations amongst themselves, but the society was not registered, nor were the rules certified to by. the Revising Officer. The prisoner was appointed secretary and treasurer, and as such received several sums of money from the members at the various meetings. On the 9th of March he received £21 10s on account of contributions paid in that night. After this the prisoner also received two further sums of £11 12s, and £20 2s. The prisoner ought to have paid these moneys into a bank on account of the society. It was afterwards found that he had not done so. The prisoner was then called upon to account for the monies he had not received, but he could not do so. A balanee-sheetj was prepared, when it was found that the prisoner was greatly in arrears. The result was that the prisoner was arrested on a charge of having fraudulently converted the monies he had received from the members of the society to his own use. Mr Duncan called evidence in support of the facts above stated, including Thomas Barton, who produced the minute and cash books of the society, and also the rules, extracts from which, referring to the duties of the prisoner, as secretary and treasurer, were read. A number of witnesses were examined for the prosecution. Mr Joynt, for the defence, contended that there was no case to go to the jury, inasmuch as the indictment laid the property in Thomas Barton, the chairman of the society, whereas under the rules three trustees were appointed in whom was absolutely vested the property of the society, therefore the indictment was bad. Mr Duncan having replied, His Honor overruled Mr Joynt's objection but took a note of it at his request. Mr Joynt then addressed the jury for tbe defence, and Mr Duncan for the prosecution, after which, His Honor summed up, and the jury returned a verdict of '• Not Guilty." The prisoner was then discharged. The Court adjourned till 10 a.m this day.