THEFT CHARGE

Dominion, Volume 34, Issue 117, 11 February 1941, Page 8

THEFT CHARGE

Phyllis Barnett On Trial CONDUCTS OWN CASE ( By Telegraph—Press Association.) AUCKLAND, February 10. Phyllis Olive Barnett, aged 31, appeared before Mr. Justice Biair in the Supreme Court, charged with stealing £BOO. the property of Mary Cochrane Baird and Sarah McNeish Baird. She conducted her own defence, informing the judge that she was financially embarrassed and was unable to engage counsel. She was permitted to sit at the counsel table and exercised her full privilege of challenging six jurymen. For the Crown, Air. Aleredith said evidence would be given by Mary Baird, typist on the city council staff, that in October, 1939, she lent £6OO on mortgage through the office of Robert Urquhart, solicitor, by whom Barnett was employed. Later Aliss Baird and her sister handed £BOO to Barnett to be placed in Urquhart’s trust account and received a trust account official receipt. In 1940 the question of the money having been tampered with was mentioned, and Barnett told Miss Baird that, if so, the loss wou’d be made good out of the Solicitors’ Fidelity Fund. Urquhart would give evidence I hat. he was unaware of the transaction. Evidence of her depositing money with accused was given by Aliss Al. C. Baird. Previous Trials. “You are aware of my two previous trials?” accused asked in cross-exam-ination and received an affirmative answer. She elicited from witness that witness had told Urquhart before last September that she had this £BOO in his trust account and that he had denied knowledge of anything about it. After accused had been found not guilty iu two trials, witness had told accused that she was going to demand £SOO from Urquhart. AA’itness had made a claim on the Fidelity Fund. It was witness who suggested the investment to accused. Accused asked that the name of Urquhart be substituted for that of the Alisses Baird in the charge, as owner of the money, but his Honour explained that the Crown was charging her with stealing the Alisses Bairds’ money and If it failed to prove that she would get off. Robert Urquhart gave evidence that he could find no trace'of a receipt of £SOO. Asked by accused about her defence in the previous case, witness said there never was a defence. Accused: 1 put it up to yon, Air. Urquhart, that you stole Aliss Baird’s £S0O? AA’itness: 1 know nothing about it. Did you instruct me to issue that trust receipt?—No. AA’itness said he might be owing accused something, but he had not bad an opportunity of straightening out the position. Accused said she could not proceed further without the production of certain of Urquhart’s books, and his Honour adjourned the case to give her an opportunity of seeing these. Accused was released on bail.