EIGHT CHARGES OF THEFT

Press, Volume LXXXII, Issue 24868, 7 May 1946, Page 3

EIGHT CHARGES OF THEFT

TOTAL OF £2900 INVOLVED (P A.) AUCKLAND, May 6. Eight charges of fraudulent conversion to his own use of sums totalling £2900, with alternative charges of theft, were preferred in the Supreme Court against Harry Percy Ellis, aged 75, a pensioner. The case was heard by Mr Justice Callan, and the accused conducted his own defence.

Specific charges were that, being entrusted with a power of attorney from Robert Glenmark Fryett on May 18, 1944. the accused, between June 25, 1944, and February 12, 1946, stole from Fryett’s accounts in the Auckland Savings Bank, the Post Office Savings Bank, and the Commercial Bank of Australia various Sums, the largest of which was £2502 9s 5d from the Commercial Bank. Explaining the circumstances, Mr Meredith, for the Crown, said the complainant was a young soldier who went overseas in 1944. His father had died in 1926, and his mother in 1943, and his grandfather had left him a legacy of £4OOO. to become available when he turned 21. About 1932 the accused came to live with Fryett and his mother, and assumed the name of Fryett, although he had no right to it. Three days after Fryett was called up for active service he was persuaded by the accused to give him a power of attorney, which was unfortunately wide and comprehensive. Fryett, continued Mr Meredith, asked I the accused not to touch any of his assets except in case of extreme necessity. When he returned, in February last, after 19 months’ absence, Fryett found that out of an estate of £3491 only £591 remained to him, said Mr Meredith. Inquiries revealed that the accused had been spending no less than £2O a week on taxis, and that he had been running about to city hotels, accompanied by women, and going to races in the country. He also made loans to people who were more or less strangers to him, and gave presents to a married woman of his acquaintance. The accused said he had bought a farm at Huapai for Fryett, and also a share in a hotel for "him, but this proved to be untrue. The 'accused had restored nothing, -apd had greatly abused the trust that this young fellow had reposed in him. In his evidence, Robert Glenmark Fryett said the accused had assumed the responsibilities of a father in his home, and was always very domineering. When the witness went overseas he left the accused ah allotment of 5s a day. He did not realise what full powers he was giving the accused in the power of attorney. The manager of-a suburban branch store gave evidence that the accused had purchased £125 worth of goods last year, including many articles of feminine wear j A married woman told of taxi trips she I had had with the accused, including one 1 to the Te Aroha races. A representative of a brewery firm said the accused often

purchased two dozen quart bottles of beer The hearing will be continued to-mor-row.