THEFT FROM CITY FIRM.

Press, Volume LXVII, Issue 20381, 30 October 1931, Page 18

THEFT FROM CITY FIRM.

GOODS TRANSFERRED TO ANOTHER SHOP. CHARGES AGAINST MANAGER. The transfer of goods lirom a Christchurch firm, for whom he a.cted as manager to his own shop at Ashburton, resulted in Ernest Couper Smith, aged 4G, being charged with the theft from Maling and Company, between April 10th and August sth. of goods valued at £968 5s Gd, at the Supreme Courtyesterday, before his Honour Mr Jus-, tice Adams. He pleaded not guilty. Mr M. J. Gresson appeared for Smith and Mr A. W. Brown for the Crown. Gerald Robert Maling, managing di-.; rector of Maling and Co., Ltd., said, that in May, 1929, he had purchased the; business of Aitchison, Steans, and Co. In November, 1928, he had engaged 1 Smith for the fancy goods department of Maling and Co., and on the purchase of Aitchison, Steans, Smith had; been put in charge. He had remained' there until August, when he was arrested. The business had been a losingone, and in March it had been decided; to close down, Smith being instructed; to sell the goods at the best price pos- : siblc. He had instructions to go to 15ain the £ on the stock sheet price, with out referring to witness, but for lower, prices he had to refer. He had also, to keep a record of the goods, the ordersheets to be detailed. Witness had no' idea Hi at goods were being sent to Ashb- mi, and Smith had never told him l ' he had started a business at Ashburton, or that he had taken goods, and would pay for them at a later date. There was no record of any goods going to the Ashburton Bargain Stores.

No Record -Kept. To Mr Gresson, witness said that be had been aware that credit waß being' given in proper instances. No record of the goods going to Ashburton had been kept in the warehouse. He was aware that £7OO worth of the' goods were now held by the police. . Hugh Mcllwraitli, secretary of Maling and Co., said that the system was for all orders to be entered in detail in a docket book made out in triplicate. The original was retained for record, the duplicate was used as a packer's note, and the third retained in the docket book. The books showed no record of goods being sent to the Ashburton Bargain Stores. He had been able to identify goods at the police station as belonging to Maling and Co. Certain entries as cash sales were claimed by Smith as representing payments made by him on account of the goods sent to Ashburton. Some of the entries were in the name of Voyce, others had no name, and Smith claimed that a sum of £4O was paid by Watson's, and that be had arranged to repay them this money. To Mr Gresson witness said that these amounts totalled £179 4s. Further evidence was given by employees. Herbert William Grainger, a salesman, formerly employed at Aitchison, Stean's branch of Maling and Company, gave evidence concerning goods ho was instructed to pack by Smith, and to hand to the Ashburton Transport

Company. No docket had been given with the goods, which had been placed on a bench ready for packing 'by Smith. On August 7th he had repacked the goods at Ashburton, and those at the Police Station were similar to those he had been instructed to pack by Smith. The Ashburton Shop. Frederick Horace Gaskin said -that, he had been a traveller for Aitchison, Steans until April of this year. About a fortnight before witness left, Smith had asked whether he would manage a retail Bhop in Ashburton. During the last week or two before leaving he bad been packing goods—no dockets - being issued —for Ashburton under Smith's instructions. The only records' were invoices sent by Smith to Ashburton, and these had not been on the proper forms. The Transport Company had been instructed to hold the goods at Ashburton until witness arrived. He ; had opened the shop as "The Ashburton Bargain Stores," the stock at first con-' sisting of goods entirely from Aitchison, Steans, though later some came from other firms. From the time the shop opened until the stock was taken over by the police his takings had been £514, of which, after deducting wages and so on, he had paid to Smith £319. lie considered that £2OO worth of goods had been bought from firms other than Aitchison, Steans. To Mr Gresson: Goods were sold by him when working for Maling's at as low as 6s 8d in the £l.

Detective J. B. Findlay 6aid that on August 6th he had interviewed Smith at Christy's. Smith had made a statement, in which he set out that, seeing that the goods were being sold so, cheaply, he conceived the idea of starting a shop in Ashburton and stocking it with goods from Aitchison, Steans,' entering the purchases as cash sales, and in the name of Yoyce and Watson. He had paid in some of the moneys received from Gaskin to Aitchison, Steans. Eeal Nature of the Charge. Mr Gresson said that the real defence was that Maling and Company were trying to turn a civil case into a criminal one. It was a matter concerning Smith's duty to his employer, but there was no element of theft. Clifton Douglas Yoyce said that from April to August he had neither bought any goods from Aitchison, Steans nor paid any money to them. He had given Smith no authority to use his name. , Smith, in the box, said that the stock of Ai'ehison, Steans had not gone off well, and Mr Maling had kept at him to get quit of it. The price he was getting for the goods made him think that; he would soon be out of a job, and if he could get it at the prices, he would ■be able to get a start on his own. He considered that Malings would not allow him to do it. He had paid in a certain amount, and proposed to pay. from the returns from the shop. He found some of the goods did not suit the market, and he had to go outside to obtain what he wanted. The payments for these other goods prevented him from paying Malings, though he paid them in all £175. He had kept a list of the goods sent to Ashburton, showing the landed price, and what he wished to pay for them. He had made no endeavour to conceal what he was doing in the packing the goods. He had every intention of paying a fair price for the goods, and had in fact paid £177. Mr Brown: Did you not endeavour to conceal from Maling and Company the sending away of the goqdsf Smith: I thought they wouldn't let me. I suppose I did. It was originally

intended that Yoyce should be • the manager, and I thought - the - entries could be made to him. This was before April. Mr Brown: And yet the entries in the name of Voyce were made after this, when Gaskin was in charge at Ashburton. The jury retired at 5 p.m., and, returning at 8 p.m., found Smith guilty, recommending him to mercy, on the ground of his health, and the health of his family.

Smith was remanded until Monday at 10.15 a.m.