LAW REPORTS.

Dominion, Volume 5, Issue 1356, 6 February 1912, Page 3

LAW REPORTS.

1 . THE CRIMINAL SESSIONS. SUPREME COURTA PRISONER SENTENCED. THE WORKINGMEN'S CLUB CASE. The criminal sessions of the Supreme Court wore resumed yesterday, before Mr. Justice Chapman. Afr. H. H. Ostler, of the Crown La \v Office, represented th« Crown. George Alfred Trnccy, a young man, who pleaded guilty last week to charges of theft at Johnsonville, and whose sentence was deferred, appeared before tho Court again at 11 >n.m. yesterday. Mr. A. L. Herdtuan, who appeared for the prisoner, stated that the police 'authorities had gone into the question sinco Tracey was lost before the Court, and it was found that after certain property had been restored, accused would require ill Bs. fully to compensate the owners of the stolen goods. Counsel asked that as his> Honour could not admit the prisoner to probation a suitable course would be to record a conviction, and order Tracey to come up for sentence when called on. His Honour remarked that there had apparently been something wrong with the prisoner when he committed the thefts. He was not in ueed of money, and seemed to be actuated by eoiiio morbid desiro to raid the places in the neighbourhood. He would be convicted, and ordered to come up for sentence when further called upon. No further order would be made, but his Honour expected that the prisoner would find tho money to compensate the owners of the stolen property, and also that within a reasonable timo he would pay £b towards the costs of the prosecution. DEFICIT IN CLUB'S ACCOUNTS. WHO IS RESPONSIBLE? Frederick William Green, nntil recently employed as clerk and librarian at the Workingnien's Club and Literary Institute, in Victoria Street, was "charged with having stolen .£175 15s. 9d. from the funds of the club. The offence wae alleged to have been committed between July 1, 1911, and November 20, 1911. Mr. A. L. Ilerdmnn appeared for Green, who pleaded not guilty. In tho evidence for the prosecution, the following was alleged:—Green had been employed for 3} years at the Workingmen s Club and Literary Institute. He was a salaried officer, and part of his duty was to receive money on behalf of tho club, and bank it to the credit of the trustees. On November 20 last he was asked to resign his position, and his duties, for the time being, were taken over by Edward Mace, president of the club. The latter endeavoured to. balance tho books early in December, and found that there were discrepancies between tho figures in the cash book and those in tho bank pass book. There was an item in the cash book-of .£lsl Gs., but the bank pass book showed only .651 Gs. as having been paid into the trustees'- account. Similarly, with an item of £M bs. in the cash book, only .£46 was shown in the.bank pass book. Accused, on b o" u e interrogated regarding a sum of £20, winch was usually kept in the safe accounted for it by receipts for accounts paid .It was then discovered bv the president that Green had paid several accounts by cash, instead of following tho hnn' CU TK° ni, ? n ' 1 Wing them bv cheque. Ihere also wero a number of wasnres in tho books, and those in the not to have been made by the officers of tho bank. An audit of tho books was then made. It was the custom to have an audit every six months. One had been completed in June last, and JloesrV Bolton am Morris, the present auditoS to the club went through the books on December 13 and 14. The result of this audit was that Green was shown to have received on the club's behalf J33888 Bs. 6d including £11 Is. 3d brought fonvard)' irom July 1 until November 20. The amount paid into the bank during that Pf™* w " f f BG I*- having a deficiency m -6201 Si. 6d., which, however, was reduced by the cash payment of accounts already mentioned. In some months the amount paid into the bank was loss than tne amount of actual receipts, while in oiher months, it exceeded the actual receipts, fcubsequently Green was arrested by Detective-Sergeant M'llvcney, and cuarged with appropriating the "club's money. In answer to the charge he saidIhero must be some mistake. I did not steal any of their money. I was there for 3i years, and left "without a penny."

Witnesses for tho prosecution were De-tective-bergoant M'llvenev, Edward Maco president of tho club, David Alexander hmith, treasurer, Bolton and Morris, accountants, auditors to the club, J. Loughnan and D. A. Jones, both of the National 13ank, and J. G. Koache, of the E-epstrar of Friendly Societies' Office. , Mr. Ilerdman submitted the witnesres binith, llolton. and Morris to a lengthy cress-examination as ti the monner in which they had carried out their respective duties. All admitted that they had not carried out tha letter of the rules in rssard to the regular inspection of the hooks. When tho ca£n for the prosecution had closed, Mr. Hcrdman called tho accused.

Iredenek William Gre?.n. the accused, stated that previous to taking employment at tli* Workingmen's Club, he hod b??n steward-m-charge of the Masterton Unb, and for a time manager of Coker's Hotel, Ohnstchurch. He had also been licensee of the Excelsior Hotel, Christchurch. Before, he left the club on November 20 last.the committee had been put out of office, and this had caused confusion. Witness then had to pay accounts out of cash in hand, owing to" the difficulty he had in getting members of the cornmitta) together to sijrn cheques: v> h«n called upon to resign witness hand- ? d >" his resignation immediately, and left tiie club within a quarter of an hour after handing his cash and keys to Mr Mace. The latter did not give witness any. receipts, but told him a few days later that all was correct. Witness denied having made any erasures in the .bank pass book, nor were the altera-tions-in the other books his. He could not understand -why anyone else should make alterations in the books. Cross-examined by Mr. Ostler Green eaid that he felt sure that some vouchers for larfo amounts were missing, but he could not think what they were. Mr. Herdman, in addressing, the jury, contended that Green could not reasonably be convicted on the evidence called It. was clear that ia state of muddle existed and while Green might be proved guilty of carelessness if had certainly not been shown that ho was gnilty of theft. As it was nearly 5 p.m. when Mr. Ostler, had .replied, his. Honour intimated that he would defer summing up until 10 o'clock this morning, and-adjourned the Court accordingly.