A SOLICITOR SUSPENDED.

Evening Post, Volume LXXIV, Issue 19, 22 July 1907, Page 8

A SOLICITOR SUSPENDED.

CASE BEFORE THE APPEAL COURT Application for a rule absolute, striking Frederick Fuller off the rolls of solicitors and barristers of the Supremo Court, was made- to the Court of Appeal to-day, on behalf of tho Canterbury Law Society, by Mr. Flesher. Mr. Wilford appeared on behalf of Fuller to. oppose tne application. The bench comprised Sir. Justice Williams, Air. Justice Denniston Mr. -Jn!itice Cooper, Mr. Justice* Chapman, and Mi*. Justice Button. As explained by Mr. Flesher, Fuller's offence consisted in applying to his own uses a sum of money (£l4 12s 3d), paid into court by a, debtor on account of a -summons which Fuller issued on behalf of A. F. Do Veaux, trading at Christchurch as The Merchant and Traders Agency, Ltd. The debt was really due to ono Trist. De Veaux died after the proceedings wero commenced,' and when Trist found ho could not get his money from Fuller, he reported the case to the Law Society, stating that he did so "not co much Becauso ho wanted his money, but rather because he felt in justice to tho public and the general profssion it 'was his duty to do so." Fuller had admitted he owed the money to Trist, and had (after frequent applications) given him a cheque- which was subsequently dishonoured at tho bank. The Law Society investigated tho matter, and called upon Fuller to give an explanation in writing within a given Lime, but he failed to do so. It was felt by tho society | that misconduct on tho part of Eolicito'rs had been so irequent of late that this matter must be brought before the court, although an affidavit had been filod by Trist, since these proceedings were started, that he had been paid tho money due to him. The society, however, recognised that the court was not a debt collecting agency, ana had resolved to persevere with the case. There had been too many instances of solicitors against whom complaints had been made J being allowed to escape further proceedings when the money was paid over. In this case counsel would submit that Fuller had been shown to be untrustworthy. The question of reparation would be discussed, but the court should take into consideration that the reparation had no 6 been made voluntarily. As laid down by Mr. Justice Coleridge, it was a mistake to suppose that an attorney could purge hinuelf by returning money dishonestly kept, and' which, but for the terror of the court, would not havo been returned. Mr. Wilford submitted that tho court should draw a distinction between cases v/herein an attorney misconducted himself for criminal purposes and those wherein an attorney had not intended to defraud. ' Counsel did not think there was any intention on tho part of Fuller to permanently deprive Trist of his money. It was true that he was in difficulties through debt, and had made improper use of these moneys when pressed by an, other creditor. Fuller had shown honest intention to remedy the wrong, and tha court should take that into consideration. The money had been paid to Trist, who had since written to Mr. Flesher stating this fact, and adding that he was now perfectly satisfied.* Mr. Justice Williams said the e'e^urt was satisfied that the solicitor had been guilty of miscoijduct. He had, however, been in practice for sixteen years. This was «n isolated case of misconduct, and restitution had been made. If there had been nothing else the matter might have remained there, and possibly the court might not have thought fit to interfere, but in addition it found an affidavit filed by a solicitor in Christchurch, which contained in more than one respect a suggestio falsi. That should not have been tiled. The court suspended Fuller for six months, and orderea him to pay £10 10s costs,

The debate on the Financial Statement will commence in the House of Representatives to-morrow evening. Under ordinary circumstances the LeadeT of the Opposition. (Mr. W. F. Massey) would commence the debate at 7.30 o'clock, but as he has for some days been suffering from a severe cold, it is just possible that Mr. Jas. Allen may be called upon to commence the proceedings. The Government will not admit any financial -responsibility in connection with the overhaul of the buildings in which the fatal plague cases originated. The net proceeds of a series of performances of "Maritana" by St. Patrick's Operatic' Society, Auckland, in aid. of tho Auckland Catholic Cathedral Building Fund, amounted to £250.. , The lad Southgate who was severely crushed by a waggon on Saturday, was reported by the hospital authorities to-day to be be slightly easier. The Unitarian Society concluded on Saturday night its 'sale of work in aid of the church building fund. Business was very brisk, especially in the evening. There was a- maypole dance by children in the' afternoon, and the programme was repeated from the previous night. The accounts are rot settled in connection with tho sale of work, 'but it is calculated "there will be a surplus of over £200. ■ Following are to-day's quotations -on the Wellington Stock Exchange:—Talisman Consolidated, sales J32 5s "6d, £2 5s 9d, £2 6s, sellers £2 5s 6d, buyers £2 4s 6d. Taranaki Petroleums, sellers 15s. The annual mooting of the New Zealand Post and Telegraph Officers ■ Association will be held in Wellington on 19th August. On Sunday night Mr. H. M. Fitzgerald addressed a gathering in His Majesty's Theatre on tho Evolution of Religion. He dealt earnestly with his subject, and concluded with a denunciation of priests and clergy. After a number of questions had been answered, it was announced that the Socialist party had decided to appoint a paid organiser. A copy of the "All Black" march, composed by Mr. Bert Roche (son of a Wellington citizen), and dedicated to the New Zealand footballers who are now touring Australia, has been received at the Evening Post office. The frontispiece is adorned with a representation of a football set among fern leaves. The Tborndon Dramatic Society is actively , rchejiraing the ' comedy-drama "Blow for Blow," which is to bo staged at the Opera Ilouse on 31st July, and Ist August. The performance is in aid of the Society for tho Prevention of Cruelty to Animals. " . The third performance of "Dr. Bill" by the Potone Comedy Club was given on Saturday nfjrht, bjefore another large audience, and was a distinct success. The secretarial duties attending tho production have been woll attended to by Mr. C Burridge.