THE ELLIOTT CASE.

Dominion, Volume 1, Issue 199, 16 May 1908, Page 5

THE ELLIOTT CASE.

ACCUSED BEFORE COURT. PLEADS NOT GUILTY TO ONE CHARGE. COMMITTED FOR SENTENCE ON THE • OTHERS.', Albert Clarence Elliott, who was remanded from last Tuesday, appoared at the Magistrate's Court, before Mr. W. G. Riddoll, S.M., yesterday afternoon, to answer the following charges:— ' That, on December 12, 1907, at Wellington, having received from one Vera Tregear the sum of £83, in money on terms requiring him to account for same, to tho said Vera Tregear, ho did fraudulently omit to account for the same, ' thereby committing theft. . That on Juno 22, 1906, at Wellington, having received from one Mary Robinson the sum of £300 in money on terms requiring him to account for the samo to tho said Mary Robinson, he did fraudulently convert the samo to his. own use, thereby; committing theft. That on June 22, 190?,- at Wellington, by means of false pretences, lie did obtain from one Mary Roliinsoh the sum of £300 in money, with intent, to defraud. ' ■' That between March 2 and March -20, ' 1908, at Wellington, by means of false pretences, ho did obtain from Sydenham James Flewellyn tho sum of £700 in. moiiey, with intent thereby to defraud. That ,on March 1 31, 1908j at Welling-' ton, by means of false pretences, he did obtaih from Ernest Henry Anderson tho sum of £200 in money, -with intent to defraud. . ' ' • ■ ■. That on October-18; 1907, at "Wellington, having secured the sum of £12 from " Henry ltoison Wood on terms requiring him to account for the same to Sir Kenneth' Douglas, he did fraudulently omit to account fot the same, thereby committing theft. ' -

'The pit of the- Court was crowded \vith! persons interested in tho ; case out of curiosity, and .the inner portion was Liberally sprinkled with witnesses.

Accused, who took copious notes throughout the proceedings, after tho hearing of the evidonco, entered a plea of .guilty, on' the first five charges. : Mr. Myersj who appeared for. the prosecution, explained that, ho was, prepared to go ori \vith tho caseß separately or take them all at oiice. . Mr. Cook: I have been instructed on fcehalf of Mr. Wicks, to make application 'Mr. Myers (to Hjs .Worship): llr. Cook has gotno locus standi in tho Court.. The matter is in my hands'. An application had. been made to withdraw this charge, but he did not propose to do this, 110 reason having been given why it should be, done. Once a person laid an information under the criminal law it was not going to', be withdrawn withvery good reason. • ■

His 1 Worship did- not' think this . was the proper, time, to make .the .'application.' _ It should be made when the l other, cases,- wbict : f would bo taken, together, had been!heard.. . . Mr. Myers pointed out that the Court had no power to,withdraw the.information* His Worship admitted that- this was so. : THE ROBINSON CASE. ! ; George Francis' Robinson,- DistHftt Road Engineer, • deposed .that accused approached him in 1906 stating that he had an invest- . ■ •ment. oiv mortgago on a property >n Drum- ' mond Street. Ho called 1 at nvitne'ss's house, and said a Mrs. Lucy WiHiams had a'inort- :' gage for £750 on the property. 'The;m'orfc. gage had matured, and she wanted'a Similar j sum.to repay the mortgage.Witness's vife'7 'had a sum of £300, of which accused.lmew through a previous transaction. .Accused offered to' take witness to'see'the property, and suggested that 'Mrs.. RobiUSon should ailvance £300, and accused Was" to advance tlio balance,', there being a ■ joint '.mortgage. On Juno 19 witness went ! to the' property, and was introduced to a wromafe supposed 'to be Mrs; 1 "VVilliamk. ■ H6 had eiftce found she was -'3jrs.' Beddingfield." .Witness "was '• satisfied with tho property, and the money (£300) was paid on . June 22, accused giving a , receipt (produced) ;,for the amotilit. The 'money was lent to accused to hand to Mrs. Williams on the security Mentioned -pre- r

viously. Accused liad brought a document to witness before the money was paid over. It was a joint mortgage deed, which witness's wifo signed. At the timo of signature accused said he would take it to hislaWycr, Mr. Luckie, for registration. Subsequently he said the deed had been reaistored. Accused paid interest at 6 per cent, on .£3OO, purporting to be a loan to Sirs. Williams. Witness thought no more about the "matter, ; relying on his security. In April last wit-" ness saw accused twice, and again asked as to the registration of thfe deed. ' Accused promised to squd' a full' statement, Later accused said the deed wais in Mr. M*Grath'f - hands. • Witness had not 'seen it yet. Lena Beddingfield, 13 DrunUUond Street* Wellington, deposed that is'far as die knew Elliott owned the place she lived in. Ii June, 1906, the' previous witness; c&mi to her house .with accused. 1 Witness'did hot hear tho name of Williams: mentioned during tho visit. . Before the visit; accused had said to witness that ho was bringing someone tip to value tho property. : Accused (to witness): I did not ask you to say your name was Mrs. William's, did I? Witness: Noj. Mr. Elliott! , ■ Thos. Duncan, estate agerit, Wellington, 1 stated that he was a partner with accused for somo months. Ho know the property

.jnentioned by the previous witness. Elliott . said the property belonged to him. Sirs. ■ Beddingfkld used to come in to .the office to pay the rent regularly. No Mrs. Williams had anything to do with the property., as far. as witness knew. ■ '■. ; . . Martin Luckio, solicitor, stated ; . that ac- : cusbd never handed him any.■ mdftgftgG on! tho land at the corner of King and; Driimmond Streets; ' Jlie first ■ of tho transaction was on April 10 last, When . Mr. Robinson Came in ahd mftdfi inquiries, r... John Josepli M'Grath, solicitor, knew Accused and had rictfed as liis solicitor. . Wit; .ness nover received from .accused; ahyvdocu-. mcnt relating to a transaction between Mrs. ' Robinson and Elliott. Mr. Myers, .with the consent of accused, . pub in certified copies of a conveyance of the property froiii. Dr. Cahill to accused; and tad' mortgages, -.one to the United Building Society; anil tile other to Thos. W. Hislop. , ' ', MISS TREGEAR'S EVIDENCE. / Vera Tregear, Goring Street, Wellington, fetatod that she had known Accused fot about five years, and saij" liihi on Decembpt 31 last, at .which time fitness, had a suni of £83 in. ilio' bank..•• ' This 'sUin.wiis liandfed to accused, as she wanted to buy a scction at Khandallah. Witness stated that he was the hgont of-the Sunnybank Estate,, and would ' look out foh a section : foir libr. Liitoracfcilsed said ho had got a sfefccibii, and advised,. her to buy it ahd hold for a mtljitb, when she coiild .sell for £10 profit. Witness thought this vras good enough. Tlie rceoipt jiroduced whs tho olle'giveil for , tho money. An agreement tvas' signed between tno iiarties and' wiis the document produced. The purchaser, according to acciisM, was to be Albert Lomns'at £93. About the end' of January witness rang accused up about the money, and ho suggested that she should do tho same with another station, and let ' Witness have £103 at the'end of March.

Witness received" a cheque for £103 postdate! to March 31 at tho end of January. The £103 was never obtained.- On March 31 accused rang up, and said lie found; from his diary that the money was, payable that day, but he had been ill and would fix up on Saturday. On. the Saturday witness was tillable to.sco accused, although she called at his office twice. After tlm witness's father took tho matter up. , Edward Tregear, civil servant,-father of tho last witness, know accused. The cheque for £103 (produced) was: presented at tho Savings Bank aftor his daughter gave it to him; The cheque was dishonoured Witness communicated i with accused, who promised to call ' on Into, bat tho appointment' tvas not kept. . .. Accused to., witness.—Are you aware that the books showed , tho first deposit of 10 p'ei cent, credited to Miss Tregear ? , , : ,- Witness.-—Mr.'; Duncan told mo so. : Thos. Duncin, recalled, stated that accused was Becretaijr-ef the Sunnybank Estate

Company for about 12 months up to-1008. Accused told witness.that Miss Tregear had purchased the section, : arid had paid a deposit of £4 35., which sum was credited to her in. tho books of tho Estate. Accused never said anything about the £83 haying boon roceivod. The £4 3s. was all that was credited. Witness, never heard the namo of Albert Lomns in connection with the firm's business. Mr. Hiorring now had the books.

Ernest'C. Lewov, solicitor for tho Suntiybanlc Estate,- said ho had the books, of' tho estate; for which accused's firm were agents. The books showed a salo; to Miss Tregear. He produced tho ledger, - which showed tho entries made by accused's firm. .! There was a cash paymont'of £4 3s, and. a debit of:£7B 3s. All the syndicate had any knowledgo of was £4.35. This was all they ; received credit for. . . . ' . MISS MILSOMS .INVESTMENTS. " • Elizabeth Milsom, face specialist, staited that she owned a house; 15 Hawker Street,' which sho placed in tho liands of Elliott-18 months ago, asking him to get. a' buyer at £950., ; Accused had never prvid any money in connection- with tho salo of tho propertv. Accused did not personally pnrchaso tho property.. Witness had not sold it. as'- far as sho know. . Elliott had never mentioned the namo of Flewollyn, or a transaction with anyone named Anderson. ° MR. FBEWELLYN GIVES EVIDENCE. / Sydenham' Jas.- Flewellyn," publican,- said ho .knew the accused to; the extent' of £700 hard cash. 1 ' The money was given in two instalments : of ■ £200, and one of £300: / The. first £200 /'was "paid on 'March 2. said he had properties for siilo, if ' witness had money to invest:; Tho first was a property in Hawker Street. Witness said ho had not enough monoy ' of his own, / and wanted to buyrthe; property coiiiointly. with witness for £900. Accused said hft had a buyer for tho property for (£IOO over what they would pay for it. Witness paid £200 to accused. Tho' buyer was supposed to bo a Mr. Leonard. On March A accused got another £200. ; -He snvl be had received tho monoy from tlio Hawker Street property, and purchased another in Goring Stroipt for about the same'price, and had .resold' it_, for £140 profit. -.At that time he.was retiring from his partnership, and suggested wit n oss should , join him in -business., ,XJp to this time witness had not presented the oheoiso.. -' Wbe" .he did it was .dishonoured.,/ Th« name of the.pur- . chaser' of the' Goring property.' was r.ot mentioned. ; On March 20 accused wanted to - see wrtness about another. property at Karori' Ited,; .to bo purchased for £800 and sold for v £1000. Accused ' said ho had a buyer already,. a Mr. Soler.- On', that occa- : sion: vacOTsed . said he ! would produce an agreement. . - Ho . got ,£3OO : from witness,, and later produced an agrebment purporting to .be .signed by; 'Eliza Tu'rnbull. Witness ■ saw; 'accused occasionally, and wanted to know ■ what; was going on. , On April 3. accused-sent a cheque for/£7OO. which was : dishonoured -when presented: Witness had never received a. penny. c f his original monoy . except ono sum of £10.

Accused: Do you knew I.paid-Mr.• JW'AVdl<\ £10, for. ixrtrodiicting you to mo?— Well, I did! ■Witness: You had a, cheek:-,' : Findlay Martin, for the. Government, had a rccord of tho. property owners in tiro district.' There was in such person on tho hook as' Fliz.-v Turnhull.- 1 Wm. ', Frank England, Town Clerk ' of Karori; knew, K.arori Road. Theuamo nf Eliza Turnbull was not on tho borough's records. ■ : Arthur -H.',- Stephenson," clerk in tho Wellington. City. Corporation offices, i stated that there was no 'ratepayer , named Eliza Turnbull on " the i city; -records of Karori. Eon d. Thomas Duncan-, recalled, stated that the firm-had a property in Hawker Street ''onits books belonging to Miss Milsom..' Accused had it , down at £925.; Witnoss could find no other property in the samo locality •at about' the Witness did,-not. knowyof-any- purchaser named T'conard,' or , Eliza : Tttrnbull,.. or'. Soler. Ho knew of: no purchaser, of a property in Goring Street byReused. There was no pronerty in Goring Street for sale on the firm's books for £800: Ho did not know whether accused receivedany stnns from Flowollyn. Tho pavmehts did not go through the cash hook. Witness' never heard of a transaction with Ernest H. Anderson, . ",-. ■

TRANSACTIONS WITH MR. 'ANDERSON. Ernest Henry Anderson, grocer, deposed that accused had had from him a sum of £200,, Teceived on : March 31 last on a property said to be worth' £900, with a mortgage for £450. - Accused said he had not. enough money himself, and wanted someono to go in ' with him, tho sum required being £200. . - The; property, said accused, had been 'resold already for £1000 to one Leonard. Witness : mad o inquiry 'about accused, and,, being satisfied, consented to the deal. Witness gave accused a cheqtio for £200, and received one later from him for. £260, which chequo was returned. dishonoured. The cheque witness gave was paid. ; Witness not only lost his £200, but had no security, for it. ; After tho cheque! was dishonoured, . accused said his creditors had seized all his property and papers, and handed them to Mr. M'Grath; solicitor. Accused said the property', was; Miss or Mrs. Milsom's. Accused stated that if he had not, .been ill his affairs would have been all right, when witness remonstrated. Witness said it was a pity cthat the .first man had not gone for him,, and' accused stated he had no. doubt ho could be put up .for seven ' years. ' \

J. J.. M'Grath, solicitor, stated that-ac-cused never handed him papers in connection With a transaction with Ernest Ander'son.; This concludcd the . evidence in the cases which accused admitted. : ACCUSED/ COMMITTED: . Accused said ho pleaded guilty to the first fivo charges. , lie. was committed to tho Supreme Court for sentence. ... In the remaining chargej Mr. M'Grath represented accused. Arthur J. Wicks, musician, said accused . had collected the rent of a houso at Hay Street, Oriental Bay, at which witness was' living. He. left in October, and sub-let tho house to Mr. Wood, an auctioneer, to whom ho sold some' furnituro for £18 10s.' Witness gave accused's firm authority, through accused, to collect tho money. The document (produced), a receipt'for jhe £18 10s. for the furniture, was the one received. Wit-ness-directed accused to pay the money to Sir Kenneth Douglas, but witness was sued by the latter for £12 of 7 tliat amount. Since tho information was. sworn } circumstances had come to his, knowledge which showed that Elliott .had not really committed any intentional .crime, and he would like to withdraw, the charge. Witness was not aware that there might have been a balance either way between himself and 1 Elliott. His Worship said that the case must go on. To Mr. M'Grath: He might be indebted to Elliott. . Accused did pay a dishonoured bill -for him for £25. Ho did . not tell jilliott riot to pay Sir Kenneth Douglas," and to take the money as part payment. Elliotthad assisted witness in financial difficulties. Witness paid a sum of £34 to Mr. Wilford' last.year. He could not say how he paid the' money, in cheques or cash. Witness admitted being sued by some people at this .time, , and he admitted being short .of money on October 17. The money-was not paid to Mr. Wilford in January of this year.' Witness went •to • the Feilding ' races, and when he came back,.he.might .have.gone;to Elliott, ■ and he' thought he got some money; He would not .swear that 1 he got • £10: Elliott bought some of the furniture, and paid liim about £5, he thought. He did not wish to withdfaw the case because he was indebted; to Elliott to a very considerable extent.; ■'• Mr. M'Grath produced blocks of-Elliott's chetiue-book to show that Elliott had paid witness about £90 between October and January. . ... Witness could not say if they represented loans or not. Sir Kenneth Douglas said that he was the mortgagee of tho houso in Hay Street £12 was owing, and ho sued Wicks for it, but tho . case was adjourned, and'he had never received the.,money. Accused pleaded not guilty, and reserved his defence. lie was committed to tho Supreme Court, for trial.;,' »