THEFT ALLEGATION

Dominion, Volume 27, Issue 221, 15 June 1934, Page 4

THEFT ALLEGATION

Former Solicitor in Court CLIENT’S INVESTMENT Allegations of theft against a former solicitor were made in the Wellington Magistrate’s Court yesterday, when William Perry Hollings was charged with stealing £650 from Samuel Wilson. It was contended by the prosecution that Wilson bad given the money to Hollings for him to inyest in a property, but that it had been paid into the trust account of Hollings and Hollings, which at one stage fell as low as £95. The money was not applied to the purpose for which Wilson had given it, only £”00 was returned to him, and the police alleged that it had been used for accused's own purpose. Mr T E. Maunsell, S.M., was on the bench. Chief-Detective Carroll conducted the prosecution, and accused was represented by Mr. R. H. Boys. Samuel Wilson, a motor engineer, said that he first met Hollings about the beginning of 1930, when accused was practising as a solicitor. In Juue of that year he had asked accused if .he had any business or security for investing money on first mortgage, saying that he had about £6OO. Accused mentioned several properties which did not suit but subsequently be announced that he had one at Endeavour Street, Lyall Bay. The amount needed was £650. Accused did not say who was the owner of the property, nor did he give any particulars or opinions about it. Witness inspected the property, considered it was a safe investment, and handed over the cheque, accused saying he would have the mortgage papers fixed up within a day or two. A receipt from Hollings and Hollings was made out. A fortnight later, continued witness, ne received the papers and inquired who the Property Purchase Company was, receiving the assurance that it was a registered company and quite all right. Hollings said he did all the business for the company. Accused said he would collect the interest and forward it free of commission to witness, who said that when lie was given the papers be thought he held tlie first mortgage on the Lyall Bay property. Witness received the interest payment by cheque. About June, 1931, he found himself short of money, and asked accused if he could Ge relieved of the mortgage. He was told that it would be all right. Witness said that he was invited to Hbilings’s office, where accused had said: "Look here, Sam, I can only give you £2OO of that mortgage money. If vou can wait about a month I will have the balance for, you.” However, he had not received tire balance so far. Witness was given the cheque for £2OO and upon inquitfng If the mortgage papers were in order was told that thev were. From tlie time he was given the'cheque until July, 1933, he reoeived interest on £450. In October 1933. he saw accused's brother, Mr. Alfred Hollings, and as a result of what be heard lie saw a firm of solicitors. Cross-examined by Mr. R. H. Boys,

witness said it was not until he had handed over tlie cheque and seen the papers that he asked who the owners of the property were. Mr. Boys: After accused paid that £2OO he said he was going to get someone else to take over the mortgage?— “He said something about that.” Witness said that at -an interview Mr. Alfred Hollings had taken down notes from the mortgage papers. Witness said he had received letters from accused personally saying he would pay the balance of the mortgage money back. He denied mentioning that accused had struck gold in a South Island venture.

Mr. Boys: Have the detectives shown you the notes of what you were supposed to have said to Mr. Alfred Hollings?—“Y es.” Detective Campin read a statement made by accused in which it. was said that Wilson had given him £650 to be invested on first mortgage after Hollings had informed Wilson that the owner of the property in Endeavour Street was trying to raise money on it. The L’roperty Purchase Company, of which the shareholders were himself, his brother, and another man. owned this property, which was already subject to a first mortgage when purchased by the company. This mortgage had not b£pn discharged when Wilson paid £650, and accordingly Wilson’s mortgage could not be registered. and it was never registered. Wilson’s money was paid Into the trust account of Hollings and Hollings and credited to the Property Purchase Company. Hollings maintained that the money had been properly applied to the company. The trust account, he said, became completely muddled through his not keeping it up to date, and because unwittingly he had paid out of the trust account £lOOO on behalf of a client who did not reimburse him. Accused denied that he had stolen the money or that he had received any benefit from it.

Evidence was also given by William Charles Mason, deputy-registrar of the Supreme Court; John Robert Sclater, examiner in the Post Office Savings Bank; James Steuart Shanks, clerk in the lands registry office; and lunes Hayward, employee of the Bank of New Zealand. The hearing was adjourned until 10 a.m. to-day. Accusefl was allowed bail. _