ALLEGED THEFT.

Press, Volume LXVI, Issue 13713, 21 April 1910, Page 5

ALLEGED THEFT.

ACCUSED FAILS TO APPEAR

Ernest Phillip Berlyn, who was committed for trial on a charge of having fraudulently failed to account for £57 17s to F. H. Labatt, ttio property of shearers at Mr W. H. Acton Adams's Molesworth station, and who was remanded to appear at the Magistrate's Court yesterday on a charge of stealing £23 3s Id, the property of W. H. Actoii Adams, fajled to appear. The accused had been a book-keeper at Molesworth station, and the evidence given in support of tho charge on which he wa9 committed for trial was to the effect that he had been paid certain monies by shearers on the estate, and these should have been forwarded to F. H. Labatt, to bo placed to the shearers' credit. Mr Labatt stated he had never received the money. The manager of the estate, who had been anxious respecting the money, asked accused to wire Mr Lubatt about the matter. Later the accused, who ha.l charge of tho telegraphic communications, showed the manager a telegram purporting to be from Mr Labatt, itt Christchitri-ii, stating that an acknowledgment of the money had been posted. The Christchurch Telegraph Office could nut find any trace of the telegram being sent from Christchurch. and Mr Labatt stated he did not send it The bail allowed in this case was £100; which his brother paid in cash. Last Wednesday accused appeared at Court on tho »ccond charge, and as the police were not in a. position to go on with the charge a remand till yesterday \ias asked for and granted by Mr T. A. B. Bailey,' S.M., accused being allowed bail on his own recognisance. Yesterday Mr Alpers, who previously appeared for accused, explained that on Saturday ho received a telegram that accused had gone to Blenheim in order to make enquiries at the Molesworth station relative to the charges. He instructed aocuised to <-eport himself to the Wellington polio?, and a telegram should be received at 10.30 yesterday if he had done so. He suggested that the case should bo allowed to stand down till enquiries were made. "Apparently," he added, "the bird has flown. ,. The Bench (Messrs IV. Minson, J. P., and H. A. Bruce, J,P.) adjourned the case till 2 o'clock. The case was brought before Mr H. \V. Bishop, S.M., in the afternoon. Chief Detective Bishop said thut tho accused was remanded to appear at Court that morning, but ho had failed to do so. ' On Wednesday last ho (the Chief Detective) explained tho facts to Mr T. A. B. Bailey, S.M., and said he ascertained that the deficiency wouM be about £200, and that a substantial surety should .bo fixed. He told the slagistrate it that time that he would he held responsible if accused failed to appear, but the Magistrate, after hearing Mr Alpers, granted bail on accused's own surety. There was ono surety of £100 as far as the case on which he was committed for trial was concerned, but no surety in this case. The Magistrate: Accused's surety .s worthless. The Chief Detective said accused had been seen in the Island. He suggested the Magistrate shouid issue a warrant for his arrest. In the first case accused's brother only had furniture, "but this did not satisfy him (tho speaker), and he would only accept £100 cash, which had been paid, i When the bail was fixed 'ast vreok accused's brother did not appear, aud accused was allowed out on has own recognisance. The Magistrate remarked there was seme mistake. He ordered a warrant tc issue, and said that in these cas.* a Magistrate exercised hie own discretion as to bail, and it was not a subject for remark by anybody.