THEFT OF MONEY

Dominion, Volume 21, Issue 193, 17 May 1928, Page 13

THEFT OF MONEY

PIKE FOUND GUILTY RECOMMENDATION TO MERCY The hearing of the case against Joseph Henry Pike, charged on fifteen counts with the theft of 1760 while in the employ of Scott and Menzies, Ltd., fruit and produce merchants, of Courtenay Place, was continued before His Honour Mr. Justice Smith, in the Supreme Court yesterday. Mr. P. S. K. Macassey appeared for the Crown, and Mr. A. B. Sievwright for accused, who pleaded not guilty. The case was commenced on Tuesday, and, continuing his evidence yesterday, Harry Andrew Vernon Scott said that he was a director of Scott and .Menzies, and was co-partner with Menzies. Witness was connected with the buying and selling side of the business, and Menzies controlled the financial side.

Mr. Sievwright said that accused stated that he did not take the money. Counsel declared there had been mismanagement and misappropriation on the part of one man in the business. "There might have been,” he said, “further misappropriation on his part or by someone else. I want to show that this money could have been taken without my client being implicated.” Witness admitted in answer to counsel that Pike was away from the office for three days last year, and that during that period there was a shortage of.£2 17s. 2d. in the cash. Mr. Sievwright: Who got that money? Witness: I could not say I did not get

it. And Pike did not get it, but . the amount is included in one of the fifteen charges against him?—"No, it is not.” It was admitted by witness that it would be possible for one of the public to remove money from the till during an auction sale, and if nobody was looking. Mr. Sievwright: And there may be hundreds of pounds lying in one of those tills? —“Yes.” Mr. Macassey: Did accused ever complain to you that money had been taken out of the till?—“No.”

George Flett, who succeeded Pike as cashier at Scott and Menzies, gave details of the system of dealing with cash. Ernest Arthur Jones, solicitor, said he had been consulted by Scott and Menzies in regard to certain deficiencies in the firm’s accounts. Witness said that he had been interviewed by Pike, who admitted his guilt and was anxious to make restitution. Accused stated to witness that his deficiency was in the vicinity of £4OO. Herbert Bolton, public accountant, said he had made an investigation of the books of Scott and Menzies. At no time during his examination had accused suggested that money had been taken from the till by anyone else. No evidence was called for the defence. In his address to the jury . Mr. Macassey said that not one tittle of evidence had been called to show that Menzies had taken any of the money which accused was charged with stealing, as had been suggested. “I submit,” said Mr. Sievwright on behalf of accused, “that the charges against my client have not been proved.” Counsel contended that the evidence of both Scott and Bolton made it clear there was doubt about the charges. In all criminal cases there had to be conclusive proof beyond all reasonable doubt and if that proof was not present accused was entitled to a verdict of not guilty. Accused was found guilty, with a recommendation to mercy on account of methods in the business of dealing with cash. He will come before His Honour for sentence this morning.