BAPTIST CHURCH AT AUCKLAND

Press, Volume LXXXV, Issue 25932, 12 October 1949, Page 3

BAPTIST CHURCH AT AUCKLAND

TABERNACLE FUNDS CASE EVANGELISATION SOCIETY CONTROL (New Zealand Press Association.) AUCKLAND. Oct. 11. Authority for the withdrawal of three cheques amounting to £977 from the funds of the Tabernacle Evangelisation Society by the officers of the society was disputed in a case before Mr Justice Finlay in an action brought in the Supreme Court to-day by the Auckland Baptist Tabernacle and three of its officers against Dr. Alexander James Hodge, Justus Rufus Freeman, Harry Lees Taylor. Charlotte Winifred Abel, and Wilfred John Litherland, officers of the society? The Tabernacle sought judgment against the defendants for £977 and asked for £5OO general damages. The Tabernacle also asked for an account to be taken by the Court of the financial transactions and affairs of the Evangelisation Society up to March 31. 1949. and asked that defendants be restrained from acting or purporting to act as officers of the society. The plaintiffs also sought a declaration that the defendants had ceased to be members of the society.

Messrs McElroy and Connell appeared for the Tabernacle and Messrs Leary and Hillyer for the defendants. In the statement of claim, the Tabernacle alleged that the defendants were former officers of the society. Up to March 31, 1949. the defendants were adherents of the Tabernacle, but later they withdrew to found a church called Hadden Hall. The Tabernacle alleged that three cheques were drawn from the society’s funds by the defendants without authority. Mr McElroy said it was contended that the three cheques were paid without authority. The society had been formed after the Tabernacle severed from the Baptist Union for the purpose of collecting donations and disposing of money for missionary work. The council of the society met and appropriated funds for missionary purposes, and it was contended that the three cheques were not “earmarked” donations justifying the payments, and had not been authorised by resolution of the council. Gifts to Society Ernest Arthur Eady, secretary of the Tabernacle, said the donations were made to the Evangelisation Society by cash offerings or pursuant to promises. Donors could nominate the recipients of their gifts when they made their donations. Giving evidence of donations made by Hodge, the witness said that at one meeting of the council of the society Hodge paid a sum of £Bl into the society’s fund to pay the boat fare of his daughter. Miss Mabel Hodge, who was going to England to attend a college. The society then paid out the fare. "I was interested to find out how much Hodge was giving to the society as he was the founder and so many people were being asked to give.” said the witness. “From an examination of the books I say that Hodge paid a sum of £62 in. but this was paid out also as a personal gift to his daughter. There were also amounts of £lO and £l5 from him.” His Honor: It looks as if everything was put through the society to make it appear they had a lot of money. The witness produced three cheques paid out by the society in March, which, he said, were not authorised by the council. One for £l7B was made out to the Russian Missionary Society, one for £3OO was made out to the Slavic Missionary Society, and one for £499 was made out to A. J. Hodge. All the cheques were signed by H. L. Taylor and J. R. Freeman, and all were endorsed by A. J. Hodge. The witness also produced bank books of the society showing withdrawals totalling £2350. which it was alleged were paid into the Bank of New Zealand to provide funds for cheques to be drawn on. Anonymous Lett. . “At that time I was concerned at anonymous letters directing members of the Tabernacle to place token offerings in the church plate and give their offerings to certain named persons outside the church." continued the witness. “I considered that the Evangelisation Society’s funds should be locked up until the Tabernacle stabilised. as it was in a terrible state at the time.” Officers of the Court of the Church held a meeting on March 29 and authorised immobilisation of the society’s funds, said the witness. The witness returned to the bank but found he was too late as three cheques had been I drawn by then. A demand was later made for repayment of the money, but I this was refused by the defendants. | After cross-examining the witness. Mr Leary told the Court that money from the three cheques had been paid out to recognised missionary societies in England, and receipts would be produced when a witness was called to give evidence about an examination of the books of the society. His Honour suggested there seemed to be a very limited number of beneficiaries in the society’s books and. if the dispute money was returned to the Tabernacle, it would probably be given in much the same way as the defendants had done. “It is very much like running in a vicious circle with little reality behind it.” he added. Mr Connell said the society wanted to deal with its money in its own way. The range of bodies to be benefited from funds was very small. His Honour: I feel that as a church is involved, there should be some conciliatory spirit. Here they were all working for one good cause but suddenly they had a disagreement and the issue seems to be all a pure technicality. After counsel had intimated that they would like to discuss the matter, the Court adjourned. Earlier Action Earlier. Mr Justice Finlay nonsuited the Tabernacle against the Tabernacle Youth Camp Inc. and 18 of its members in an action begun yesterday to determine the beneficial owner of a mountain home and nine acres of land in the Waitakere ranges. His Honour refused a request by counsel for the defendant society for nominal damages on an interim injunction granted to the church restraining the defendants from using the property. His Honour said there was confusion on both sides between the ethical and the legal. There was no doubt that in the initial stages the property was acquired for general church purposes. He thought there was never any trust since the youth organisation was created.