SUPREME COURT

Evening Post, Volume CII, Issue 30, 4 August 1921, Page 8

SUPREME COURT

THE CRIMINAL SESSIONS

A JURY DISAGREES

The quarterly criminal sessions of the Wellington Supreme Court are being continued to-day. His Honour Mr. Justice Reed is on the Bench. . The jm-y charged with the consideration of the evidence for and against the' counts of the theft and receiving of butter valued at £5 laid against a watersider named Hendry Mearns had not returned to the Court when The Post went to press yesterday. Shortly after 4 o'clock, however, the jury returned, and the foreman. announced that no agreement had been reached. His Honour accordingly ordered a new trial. ALLEGED EMBEZZLEMENT. -, William Little, lately a temporary clerk in the employ of the Labour Department, was charged with the theft of sums amounting to £115 10s, the moneys of tho Labour Department. Messrs. C. A. L. Treadwell and J. S. Hannah appeared for the accused. Mr. A. H. Wheatley was foreman of the juryMr. Macaseey, in outlining the case for the Crown, said that Little had been in the. employ of the Department for about a year. His duties were to collect facto 17 registration fees, and apparently he had collected £329 Is in that manner, but after he had paid in there was a deficiency of £115 10s. The deficiency was not discovered till after accused had left the Department, and when he was sent for and questioned said that he could not account for the shortage, though he admitted that "there might be a pound or two ehort." He had fiven no explanation since, and, counsel eld, the system followed in the office of tho Department precluded the possibility of any other officer taking the money in a lump sum. Apparently Little had kept out small sums at various and many times. . S ■ Evidence was givenVby Leonard Harper Edwards, audit officer, as to the inspection of books an the Departmental offices. The audit, which covered the period Ist February, 1919, to 30th April, 1921, showed that sums totalling £350 11s had been received, arid that £243 12s was banked. The. banking had been most irregular, the ;days of banking being on occasion separated by periods of up to, four or five weeks, whereas the moneys should have been banked daily. ' Roland Thomas Bailey, acting-officer-iri-charge of the Wellington office of the Department, repeated the evidence given by him in the Lower Court, and also insisted that the moneys received by accused should have been banked daily. Little had said when: questioned about the deficiency that if there was a shortage he alone would be responsible. Accused that he had been gambling or drinking, and said that the only explanation he.could make was that he might have made up; a bank, and mislaid it.

Under cross - examination witness denied that Little had had insufficient forms and bocks to enable him to maintain a proper check upon moneys under his chaige. "What more did he want?" asked witness, referring to the bundles of forms before the Court. "He had all- these checks, and during the twenty years' work of the Department, nothing like this has happened before."

"Do you know that Little was so pressed at times that he. was. unable, to put his Cash away as he received it, but had to leave it on the counter till; he could place it in his cash-box ?"—"lt would have been quite as easy to place it in the cash-box at once."!

"Do you know that at times there were so- many notes in the cash-box that they over-flowed?"—^"That should surely have impressed upon Little the necessity of daily banking."

Counsel suggested to witness that he had been the more zealous in his official work since he became an aspirant for the position of offieer-in-charge.

Witness: "I* resent such a suggestion."

His Honour: "Mr. Treadwell, that is very unfair." , ■ ''■■-

Harry Butland, who handled all fees, with the exception of factory fees, also gave evidence'on the lines of his statements in the Court below. Aiy factory fees received by witness during Little's absence were handed to Little on his return. Accused as a rule' left the office at 1.30 p.m., and prior to doing so would hand has cash-boi, locked, to witness to be placed in the.safe. ■■ t (Proceeding.)