SENT FOR TRIAL

Evening Post, Volume CIII, Issue 57, 9 March 1922, Page 4

SENT FOR TRIAL

ARBUCKLE PLEADS NOT GUILTY,

TO CHARGE OF EMBEZZLEMENT

THE BROKEN HILL CONTRIBUTIONS. John Arbuekle, a well-known figure in Labour circles in Wellington, and secretary of tlie New Zealand Miners' Federation during part of List year, pleaded not guilty in the Magistrate's' Court yesterday afternoon to a qharge of having i stolen the sum of £459 3s 4d, moneys of Peter O'Rourke and others, known as j the New Zealand Coal, Gold, Shale, ! Quarry, and Tunnel Workers' Federation. He was committed to the Supreme Court for trial, and was released on bail j till the Court site. i

Arbuckle was privately prosecuted by the federation, which brought him back from Australia some weeks ago on a Wellington warrant, but an order was made yesterday afternoon that the case should be handed over to the' Crown.

Mr. Wr-G. Riddell, S.M., was on the Bench, Ml. W. Perry appeared for the Miners' Federation, and the accused was represented by Mr. C. A. L. Treadwell. „

Continuing his evidence t after The Post went to press yesterday, Peter Q'Rourke, the present secretary and treasurer of the Miners' Federation,"* said that the. Federation received- certain moneys for the relief of Broken Hill miners, but he did not know how this had been remitted He obtained from the Bank of New Zealand eight cheques for £350, £100, £150, £100, £300, £300, £343 10s Bd, and £300, making a-,total of £1943 10s 6d. , He recognised. Arbuckle's signature on all the. cheques, all of which'were open, and made out in favour of Broken Hill.' Tlie dates' of the' Cheques ranged from 18th January, 1921, to 16th May, .1921. The Broken Hill money should have been seiTt to A. C. Willis, secretary of the Miners' Federation in Sy-dney. ■ Mr.-Peny: "Did you inquire from Mr. Willis as to the fate of tlie money V

Mr. Treadwell: "I object. Mr..-Willis can give xis that evidence." Mr. Perry: "Do you know whether the money has been received?" ' Witness: "As far. as I know it has not been 'received." 1 " To Mr.y Treadwell: The cheques -were signed by witness in blank./ The reason for this was that witness was engaged on the .West Coast, and it was the custom to rely on the trustees. Hecould not come' to Wellington every' time a I cheque was to be signed. \ BANKING TRANSACTIONS. , John Joseph E. Downey, a clerK in the employ of the Bank of New Zealand, Te Aro branch, said all the cheques (produced by the former' witness) had been paid out in cash. Witness also tendered evidence with the object of proving that certain money mentioned in receipts had not been paid into'the bank!. To Mr. Treadwell: The -ordinary bank pass-book was used by the .federation. The amounts alleged as having not been paid in might have been paid-in in another form. If a sum had been sent down in cash it was impossible to say whether it had been paid into the bank or not. ..!. Thomas M. Highet, ;clerk \n charge of the pay. and receiving office of the Treasury, said that on the 14th March, 1921, his Department paid a cheque for £60 to Arbuckle: On Ist April he received a receipt signed by Arbuckle, TRUSTEE' OF THE FEDERATION. ! William Joseph White, a law accountant in the employ of Mr, P. J. O'Regan, said that he and his employer were the trustees of the Miners' Federation Fund, and he, Mr. O'Regan, 'and the president I and secretary of the federation, signed the cheques. The federation ' had' only one bank account. When a cheque had to be signed, the secretary brought to witness, a cheque signed by himself and the president, and either witness or Mr. O'Regan endorsed the ■ document. The eight cheques wi£n which they were concerned were properly signed. Witness said that he had never cashed any of the cheques, nor had Mr. O'Began, as fargns he knew., , To Mr. Treadwell: He remembered a stranger bringing in a cheque for delegates' expenses, and he telephoned to Arbucklo before he signed it. He could not remember the exact date, but it wa« at the conclusion of the conference last year. i THE ACCOUNTS CHECKED* John Glover, manager of the Maoriland Worker, said that ■' before Arbuckle went to Sydney he visited witness with a receipt-book and a statement of income and expenditure. Accused also made a request that'witness should look after the books until" Mr. O'Rourfce arrived. An examination of the vouchers showed that the sum of £1216 5s lOd had been drawn for delegates' expenses, whereas the actual payments . made amounted to £1162 0s 7d, leaving a discrepancy of £51 5s 7d. Another entry, discovered subsequently, reduced the discrepancy to £50 15s 7d. He later saw Arbuckle and O'Rourke and pointed out the discrepancy.' To Mr. Treadwell: Witness knew the accused was going to Australia, but did not know that Arbuckle Had booked his passage in his own name three weeks before the boat sailed.

Herbert Bolton, a teacher in Wellington, said that last year he was auditor of the books of the Miners' Federation, and had held that position for about four years. He audited tho books between Ist and 6^l July last year. In reference to the cheque produced by the Treasury officer, he said there was no trace of its receipt in the federation books.

When charged, Arbuckle said he had nothing to say. He pleaded, not guilty, and was committed to the Supreme Court for trial. . ,

. Mr. Perry formally asked that the case should be taken over by the Crown, ■and this was granted. Arbuckle was released on bail.