TRIAL OF PHYLLIS BARNETT

Dominion, Volume 34, Issue 118, 12 February 1941, Page 8

TRIAL OF PHYLLIS BARNETT

Allegation Of Theft

INCIDENT IN OFFICE OF SOLICITOR

Evidence Of Accused

( Ry Ti-h-grapli—Press AssoemihmJ AUCKLAND. February 11. The trial of Phyllis Olive Barnett. aged 31, on a charge ol the theft of £BOO, the property of Mary Cochrane Baird and Sarah McNeish Baird, was continued before Mr. Justice Blair and a jury in the Supreme Court today. Accused is conducting her own defence. Addressing (be jury in her own defence. Barnett outlined the evidence she proposed giving to show that her employer, Robert Urquhart, solicitor, knew of the payment of £BOO at the time it was made. Denis Kirk. Native agent, in evidence said he had acted for Urquhart for several years. In December. 1939 lie received a letter from accused stating that Miss Baird had another £80(1 for investment and asking if lie had any investment similar to a former one he had managed for the same client. He had none and said so. He was in Urquharts office in July last and recollected hearing Urquhart asking Miss Barnett what was to be done with Miss Baird’s £BOO. Bundles of Banknotes. Accused, in evidence, said site joined Urquhart’s office in June. 1937. Miss Baird called at the office in October, 103!), ami paid over £OOO in connexion with’ a mortgage. In December, 1939, she telephoned witness, stating that she would call at the office during the lunch hour to deposit the money in Urquhart’s trust account. She called and produced several bundles of banknotes and she and witness commenced to count one bundle. Miss Baird then left, saying she must return to work, and asked witness to send the trust account receipt. Witness said she put the money in a drawer in Urquhart’s room and went to her own room across the passage and worked there till he came in. “I went to Urquhart’s room with him and we attended to the checking of the notes,” she said. “I was going to make up the trust receipt when Urquhart said: ‘Don’t worry about the receipt now. Place the money in the Savings Bank and there will be no need to put it through the books.’” Later, witness said, she made out. it receipt and handed it. to Miss Baird next day. “From the final checking of the £BOO with Urquhart I had no knowledge of what happened to the money.” she added. "I assumed he had placed it in the bank. “On January 15, 19-10, Urquhart told me he had used the £BOO for some purpose but said it was secured.” witness continued. “There were no furthei discussions about the money till July S. when there was a general sorting of the various accounts. Urquhart said the most lie could find was £000,” Accused Claims Privilege. To the Crown Prosecutor, Mr. V. R. Meredith. witness said that two cheques for £450 and £l5O had been drawn in favour of Miss Baird. She admitted they had found their way into her own banking account.

When further questions were put to witness she claimed privilege and declined to answer them. 'The hearing was adjourned.