SUPREME COURT

Dominion, Volume 10, Issue 2940, 28 November 1916, Page 9

SUPREME COURT

4 A NAPIER CASE

A MANAGER CHARGED WITH THEFT His Honour Mr. Justice Hosking pieaided at the Supreme Court yesterday ' and heard the Hawke's Bay ease, which aroused a. great deal of interest in the district, and in respect of which the I jury at the -trial at Napier failed to agree. A change of venue to Wellington was ordered, and the case came before a Judge and common jury yesterday. The action was against Sydney Martell, late manager of the Hawke'B Bay Fruit, Produce, and Cold Storage Company, Ltd., who was charged with having stolen, on May 25, 1915, the sum of £100, in June of the same year the sum of £15, and between January and May, 1915, various amounts totalling £24 16s. Id. Mr. H. B. Luslc, of Napier, appeared for the Crown, and the accused was defended- by Sir John Findlay, K.C., with him Mr. J. B! Dolan, of Napier. In opening the case for the prosecution, Mr. Liisk stated that the. accused was appointed manager of the company in August, 1913, and held the position until he left in June or July, 1915. His salary was £350 per annum, and lor the first year a bonus of 10 per cent, on the net profits of the company, 'l'he offences, it was alleged, were committed during the accused's second year or management. Accused drew his salary monthly at the rata of £29 3s. 4d. In July, '1914, he applied lor an increase of salary to £000 a year, and for the bonus of 10 per cent, to continue; also an alteration in the conditions of his agreement with the company providing for more extonded notice on either side, in the evont of a severance of relations. Mr. cii W' lams > the managing director of the company, replied stating that the Board of Directors would bo preparod to recommend to the shareholders that the salary should be raised to £450, with a 10 per cent, bonus on net profits. A good deal of correspondence passed between the parties, and the managing director in a further letter reaffirmed tho desird of the directors to raise the salary to £450, with bonus, but declined to accede to tho request for a variation in the period of notice. The accused declined to agree to tbo. suggestion of tho directors that he' should sign an agreement providing for six months': notice on either side. Accused demanded 12 months' notice. Mr. Williams, in a further communication, said that the increase of salary could only effective if the accused agreed to tho suggested arrangement in rogard to notice. To that letter there was no reply. Accused continued in the employ of the company for a time, and drew salary at the old rate. On May 6, 1915, lie sent in his resignation, giving sis months' notice,' and intimating that ha intended to start in businoss for himself, as a land_ and commission agent. He was, at this time, in' debt to the company to tho extent of over £500. On May 25, Martell draw a cheque for £100 on the company's account, payable to liimscll'. Ho drew it as salary, claiming that he was entitled to it, but under no circumstances whatever could this possibly have been due to him until tho following August.. Ho subsequently paid £100 into, the company's account in order to reduce his liabilities, but it should be clearly understood that an increase of salary had never been granted the accused. In rogard to tho second count in the indictment, tho facts welro, counsel went on to say, quite simple. Accused lived in Hastings, where the business of the company was carried on. Ho was the owner of some cottages, and the ''ompany used to collect the rents for him, and tho company .had in its trust account at this time, a slim of money, on accused's behalf, amounting to more than.£ls. About this period accused' leased a block of fivo acres from Lulte Wilson, jockey, and- ho drew a cheque for £15 (tho first half year's rent) on the company's trust account. Then accused wanted seed potatoes to plant on the leased land,and he obtained £21 worth from the company, being debitod with that amount in the ordinary way. The crop was an utter failure. He tuen instructed tho company's accountant to open, a special potato account, and practically transferred some of his liabilities to the company. When the second half year's rent became duo the accused drew a cheque for £15 on the company's ordinary account to pay the amount. With respect to the third count, counsel said, accused had become a supplier of fruit to the company. He "bought for the company his own fruit at higher rates than were paid to other suppliers, and in some instances took, inoro for tho fruit than the company could get ior it. ■ Witnesses for tho prosecution were then called, and the hearing of evidence had not concluded when the Court adjourned yesterday. PRISONERS SENTENCED By Telegraph—Press Association. Auckland, November 27. At the Supreme Court, lidward Thompson, grocer, for receiving stolen tea, was sentenced to. two years' re-' formative treament. William Albert Sims, for theft of joinei'.v, perjury, and forgery, was sentenced to two years' reformative treatment on each charge, tho sentences to be concurrent. Alfred Cecil Allohin, on a charge of embezzling £108 from tho Mercury Bay Dairy Company, was admitted to three years' probation, conditionally on partial restitution of tho stolen money. Dunetlin, November 27. Daniel O'Sullivan was charged at the Supreme Court to-day with failing to comply with the conditions of probation to which lie was admitted in 1912, and was sentenced to three months' imprisonment, with hard labour.