TRUST FUNDS.

Press, Volume LXII, Issue 18671, 21 April 1926, Page 11

TRUST FUNDS.

CHARGES AGAINST SOLICITOR. COMMITTEp FOR TRIAL. Additional charges of thefts from his employers were preferred against Erio Donald RO6S, aged 29 years, of 25 Rugby street, Christchurch, at yesterday's sitting of the Magistrate' s> Court. Mr H, A. Young, S.M., was on the Bench, and Detective-Sergeant J. B. Young appeared for the police. Hojs was charged on remand with the theft, on January 20th, at Christchurch, of £2OO, the property of Perry, Kinnerney. and Finch; on"August 24th, 1925, at Christchurch, the theft ot £IOO, the property of Perry, Kinneriiev, and Finch; and an divers dates between November Ist, 1925, and March 31st, 1926, the theft of money totalling £65, the property of Perry, Kinuerney, and Finch. Mr W. F. Tracy appeared for accused, and Mr A\. J. Huuter watched proceedings on behalf of Mrs Dixon.

Mabel Florence Dixon, of Corson avenue, Beckenham, said that on January 20th, 1926, she drew £205 from her Post Office Savings Bank account. The money included a cheque for £2CO, drawn on the Bank of New Zealand at Christchurch. It was made payable to Perry, Kinnernev, and. Finch, and she handed it to her husband. On August 24th, 1924, she drew £IOO from her account, having previously arranged to invest this amount with accused's firm. She paid the money to Ross. Receipts were received for both sums. She had noticed since that there was a discrepancy between the date on which she had drawn the money, and that on the receipt. AY hen Ross dealt with her it was as the representative of the firm. On March 22nd she called on him to collect interest, and received it by his private cheque, Ross stating that since his illness he had left the firm's cheque book at home. He said he hoped the money would be at the bank when the cheque was presented. Before withdrawing the money from the Savings Bank, witness' received a letter from accused in connexion with its investment. George Dixon, employed by Pyne, Gould, Guinness, Ltd., said he had received a receipt from accused for the moncy paid to witness by his wife. Hardy Tait, accountant, in the Commercial Bank of Australia, produced a credit slip made Aut in connexion with accused's deposit of £2OO. Firm's Investigations. Herbert Leslie Warsaw, until recently employed as an accountant by Perry, Kinuerney, and Pinch, said the . Christchurch office of the firm had been in sole charge of the accjised since September, 1923. On account of a complaint, Mr Pinch and witness came to . Christchurch on March 24th. ' Accused was j not in the office, having, left for Ayellingtojx without permission. He was a fully ■ qualified solicitor, and had full charge of the office, under supervision from, the head office at Timaru. Investigation showed-that the offico was in a state of neglect, and on going through the papers, Mr Finch and himself found a number of documents, pome of which required stamping and registration. The firm's private account and. the trust account books were not 'discovered. A small! suitcase, with Pass's: name on it; was taken by witness. On March 25th accused arrived at the* office, and seemed surprised at witness's presence. He -said that he was a Very ill man, that, ho was done, and would have to lay up. .for six months. It was his intention to ask the head" office to take over] control of the Chrigteliurch office! Mr Finch arrived later, and went into the question of non-stamping a,nd nonregistration of documents, with. .Ross. The ' latter admitted negligence, and handed, in his resignation. \Vhen asked to produce the firm's books'he hesitated before replying, subsequently stating that.' };hey were at' .his. brother's, house. 1 Mr Finch then told Ross that ho etrongly suspected the books were in. the >'uitcase. To- this Ross replied: "It's a lie." He ww given until 12.15 -p.m. to produce the books. They were not produced at this time, but a telephone message was to the effect that 'Ross's brother's wife was not hpmq. He was given another two hours, but the books were. still not produced, so ; the suitcase was opened by a locksmith. The firm's and'the trust accoiiot books, together with a, receipt book-and other books, were found:in it In a receipt book was found-a .carbolt copy of the receipt <fdr £2OO. The amount had - not been recorded in the casli book, ledger, or bank paid book., 'Accused's private' bank pass booky- which was also found, contained a record of the, deposit' of £2OO on January 21st. Investigations wpre continued, and a counterfoil, of the receipt given to Dixon was found marked "Cancelled" in accused's handwriting. No trace was found of the amount of £100.! Subsequently a. complete . examination apd audit-ere made of the trust account, and a discrepancy of £65 was discovered: This covered a- period fronV November to March; 22nd. Accused reserved his, defence arid pleaded not guilty. Ho was committed "to the Supreme Court for trial. Bail tfas renewed, self in £3OO, with two sureties of £l5O each ,or .one of £3OO.